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. LBD05146-01-7A. 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.