Assembly Bill A5081

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5081--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Alcoholism and Drug Abuse -- reported and referred to the
   Committee on Ways and Means -- recommitted to the  Committee  on  Ways
   and  Means  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:
 § 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 ELEVEN MEMBERS,  INCLUD-
 ING  THE  COMMISSIONER  OF  THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
 SERVICES, THE CHAIR  OF  THE  GAMING  COMMISSION,  AND  NINE  ADDITIONAL
 MEMBERS:    FOUR  MEMBERS  APPOINTED  BY  THE TEMPORARY PRESIDENT OF THE
 SENATE; FOUR MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY;  AND  ONE
 MEMBER APPOINTED BY THE GOVERNOR; PROVIDED, HOWEVER, THE TEMPORARY PRES-
 IDENT  OF  THE SENATE AND THE SPEAKER OF THE ASSEMBLY SHALL EACH APPOINT
 AT  LEAST  TWO  REPRESENTATIVES  OF  COMMUNITY-BASED  BEHAVIORAL  HEALTH
 SERVICES PROVIDERS.
   (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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05146-02-8

 A. 5081--A                          2
 
   1. DEVELOP AND RECOMMEND STRATEGIES TO ENSURE AVAILABILITY AND  ACCESS
 TO  PROBLEM  GAMBLING  PROGRAMS AND RESOURCES, INCLUDING INFORMATION AND
 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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.