STATE OF NEW YORK
        ________________________________________________________________________
                                          5081
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 6, 2017
                                       ___________
        Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
          Committee on Alcoholism and Drug Abuse
        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:
     1    Section 1. The mental hygiene law is amended by adding a  new  section
     2  25.04 to read as follows:
     3  § 25.04 Problem gambling advisory council.
     4    (a)  Creation  and  purpose.    The  problem gambling advisory council
     5  (hereinafter the "council") is hereby established. The  purpose  of  the
     6  council  is  to  make  findings  and recommendations to the governor and
     7  legislature on how to prevent and treat problem gambling in the state of
     8  New York.
     9    (b) Composition. The council shall consist of ten  members,  including
    10  the  commissioner  of  the  office  of  alcoholism  and  substance abuse
    11  services, the chair of the gaming  commission,  three  members  who  are
    12  representative  of community-based behavioral health services providers,
    13  two members appointed by the temporary  president  of  the  senate,  two
    14  members  appointed  by  the  speaker  of  the  assembly,  and one member
    15  appointed by the governor.
    16    (c) Duties of the council. The council shall  meet  as  frequently  as
    17  necessary,  but not less than two times per year. Meetings shall be held
    18  at locations determined by the council.  All  meetings  of  the  council
    19  shall be subject to the open meetings law. The council shall:
    20    1.  develop and recommend strategies to ensure availability and access
    21  to problem gambling programs and resources,  including  information  and
    22  resources  regarding  prevention  of  problem  gambling, for individuals
    23  throughout the state;
    24    2. consult with individuals or organizations with  experience  in  the
    25  field  of  problem  gambling  services on funding and policy recommenda-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05146-01-7

        A. 5081                             2
     1  tions, including the availability  of  problem  gambling  services,  the
     2  location of such services, and the need for such services;
     3    3.  create strategies to increase public awareness of problem gambling
     4  and the availability of problem gambling resources;
     5    4. recommend allocations of machine and table fees  collected  from  a
     6  gaming  licensee pursuant to section thirteen hundred forty-eight of the
     7  racing, pari-mutuel wagering and breeding law and  distributed  pursuant
     8  to  section ninety-seven-nnnn of the state finance law to effectuate the
     9  recommendations and strategies developed pursuant to paragraphs one, two
    10  and three of this subdivision; and
    11    5. develop an annual report to be provided to the governor and  legis-
    12  lature  containing its findings and recommendations with regard to prob-
    13  lem gambling, including programs, resources, and services throughout the
    14  state. The annual report shall be due no later  than  October  first  of
    15  each  year,  with  the  first report provided no later than the first of
    16  October next succeeding the effective date of this section.
    17    (d) Term. Appointed members of the council shall serve for a  term  of
    18  four  years  and  continue  to serve until their successor is appointed.
    19  Each member of the council shall be entitled to designate in  writing  a
    20  representative  to  attend  meetings  in his or her place and to vote or
    21  otherwise act on his or her behalf in  his  or  her  absence.  A  member
    22  appointed to fill a vacancy shall serve the remainder of the term of the
    23  member  he  or  she  is appointed to succeed. The members of the council
    24  shall receive no compensation for their services but shall be reimbursed
    25  for their expenses actually incurred in the performance of their  duties
    26  hereunder.  The  council  shall  select,  by a majority vote, members to
    27  serve as a chair and as a secretary.
    28    (e) Sharing  of  information.  The  council  may  request,  and  shall
    29  receive,  information from any state or local governmental agency neces-
    30  sary to complete its duties pursuant to this section, so  long  as  such
    31  information  does not contain any personally identifying information and
    32  not otherwise protected by state or federal law.
    33    § 2. This act shall take effect on the one hundred eightieth day after
    34  it shall have become a law.