Assembly Bill A7058A

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7058--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 22, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Alcoholism and Drug Abuse -- recommitted to the Committee
  on Alcoholism and Drug Abuse in accordance with Assembly Rule 3,  sec.
  2  -- committee discharged, bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the mental hygiene law, in relation to establishing  the
  problem gambling advisory council

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The mental hygiene law is amended by adding a  new  section
25.04 to read as follows:
S 25.04 PROBLEM GAMBLING ADVISORY COUNCIL.
  (A)  CREATION  AND  PURPOSE.    THE  PROBLEM GAMBLING ADVISORY COUNCIL
(HEREINAFTER THE "COUNCIL") IS HEREBY ESTABLISHED. THE  PURPOSE  OF  THE
COUNCIL  IS  TO  MAKE  FINDINGS  AND RECOMMENDATIONS TO THE GOVERNOR AND
LEGISLATURE ON HOW TO PREVENT AND TREAT PROBLEM GAMBLING IN THE STATE OF
NEW YORK.
  (B) COMPOSITION. THE COUNCIL SHALL CONSIST OF TEN  MEMBERS,  INCLUDING
THE  COMMISSIONER  OF  THE  OFFICE  OF  ALCOHOLISM  AND  SUBSTANCE ABUSE
SERVICES, THE CHAIR OF THE GAMING  COMMISSION,  THREE  MEMBERS  WHO  ARE
REPRESENTATIVE  OF COMMUNITY-BASED BEHAVIORAL HEALTH SERVICES PROVIDERS,
TWO MEMBERS APPOINTED BY THE TEMPORARY  PRESIDENT  OF  THE  SENATE,  TWO
MEMBERS  APPOINTED  BY  THE  SPEAKER  OF  THE  ASSEMBLY,  AND ONE MEMBER
APPOINTED BY THE GOVERNOR.
  (C) DUTIES OF THE COUNCIL. THE COUNCIL SHALL  MEET  AS  FREQUENTLY  AS
NECESSARY,  BUT NOT LESS THAN TWO TIMES PER YEAR. MEETINGS SHALL BE HELD
AT LOCATIONS DETERMINED BY THE COUNCIL.  ALL  MEETINGS  OF  THE  COUNCIL
SHALL BE SUBJECT TO THE OPEN MEETINGS LAW. THE COUNCIL SHALL:
  1.  DEVELOP AND RECOMMEND STRATEGIES TO ENSURE AVAILABILITY AND ACCESS
TO PROBLEM GAMBLING PROGRAMS AND RESOURCES,  INCLUDING  INFORMATION  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10614-02-6

              

A. 7058--A                          2

RESOURCES  REGARDING  PREVENTION  OF  PROBLEM  GAMBLING, FOR INDIVIDUALS
THROUGHOUT THE STATE;
  2.  CONSULT  WITH  INDIVIDUALS OR ORGANIZATIONS WITH EXPERIENCE IN THE
FIELD OF PROBLEM GAMBLING SERVICES ON  FUNDING  AND  POLICY  RECOMMENDA-
TIONS,  INCLUDING  THE  AVAILABILITY  OF  PROBLEM GAMBLING SERVICES, THE
LOCATION OF SUCH SERVICES, AND THE NEED FOR SUCH SERVICES;
  3. CREATE STRATEGIES TO INCREASE PUBLIC AWARENESS OF PROBLEM  GAMBLING
AND THE AVAILABILITY OF PROBLEM GAMBLING RESOURCES;
  4.  RECOMMEND  ALLOCATIONS  OF MACHINE AND TABLE FEES COLLECTED FROM A
GAMING LICENSEE PURSUANT TO SECTION THIRTEEN HUNDRED FORTY-EIGHT OF  THE
RACING,  PARI-MUTUEL  WAGERING AND BREEDING LAW AND DISTRIBUTED PURSUANT
TO SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW TO EFFECTUATE  THE
RECOMMENDATIONS AND STRATEGIES DEVELOPED PURSUANT TO PARAGRAPHS ONE, TWO
AND THREE OF THIS SUBDIVISION; AND
  5.  DEVELOP AN ANNUAL REPORT TO BE PROVIDED TO THE GOVERNOR AND LEGIS-
LATURE CONTAINING ITS FINDINGS AND RECOMMENDATIONS WITH REGARD TO  PROB-
LEM GAMBLING, INCLUDING PROGRAMS, RESOURCES, AND SERVICES THROUGHOUT THE
STATE.  THE  ANNUAL  REPORT  SHALL BE DUE NO LATER THAN OCTOBER FIRST OF
EACH YEAR, WITH THE FIRST REPORT PROVIDED NO LATER  THAN  THE  FIRST  OF
OCTOBER NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION.
  (D)  TERM.  APPOINTED MEMBERS OF THE COUNCIL SHALL SERVE FOR A TERM OF
FOUR YEARS AND CONTINUE TO SERVE UNTIL  THEIR  SUCCESSOR  IS  APPOINTED.
EACH  MEMBER  OF THE COUNCIL SHALL BE ENTITLED TO DESIGNATE IN WRITING A
REPRESENTATIVE TO ATTEND MEETINGS IN HIS OR HER PLACE  AND  TO  VOTE  OR
OTHERWISE  ACT  ON  HIS  OR  HER  BEHALF IN HIS OR HER ABSENCE. A MEMBER
APPOINTED TO FILL A VACANCY SHALL SERVE THE REMAINDER OF THE TERM OF THE
MEMBER HE OR SHE IS APPOINTED TO SUCCEED. THE  MEMBERS  OF  THE  COUNCIL
SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT SHALL BE REIMBURSED
FOR  THEIR EXPENSES ACTUALLY INCURRED IN THE PERFORMANCE OF THEIR DUTIES
HEREUNDER. THE COUNCIL SHALL SELECT, BY  A  MAJORITY  VOTE,  MEMBERS  TO
SERVE AS A CHAIR AND AS A SECRETARY.
  (E)  SHARING  OF  INFORMATION.  THE  COUNCIL  MAY  REQUEST,  AND SHALL
RECEIVE, INFORMATION FROM ANY STATE OR LOCAL GOVERNMENTAL AGENCY  NECES-
SARY  TO  COMPLETE  ITS DUTIES PURSUANT TO THIS SECTION, SO LONG AS SUCH
INFORMATION DOES NOT CONTAIN ANY PERSONALLY IDENTIFYING INFORMATION  AND
NOT OTHERWISE PROTECTED BY STATE OR FEDERAL LAW.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.