STATE OF NEW YORK ________________________________________________________________________ 5081--A 2017-2018 Regular Sessions IN ASSEMBLY 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: 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 eleven members, includ- 10 ing the commissioner of the office of alcoholism and substance abuse 11 services, the chair of the gaming commission, and nine additional 12 members: four members appointed by the temporary president of the 13 senate; four members appointed by the speaker of the assembly; and one 14 member appointed by the governor; provided, however, the temporary pres- 15 ident of the senate and the speaker of the assembly shall each appoint 16 at least two representatives of community-based behavioral health 17 services providers. 18 (c) Duties of the council. The council shall meet as frequently as 19 necessary, but not less than two times per year. Meetings shall be held 20 at locations determined by the council. All meetings of the council 21 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. LBD05146-02-8A. 5081--A 2 1 1. develop and recommend strategies to ensure availability and access 2 to problem gambling programs and resources, including information and 3 resources regarding prevention of problem gambling, for individuals 4 throughout the state; 5 2. consult with individuals or organizations with experience in the 6 field of problem gambling services on funding and policy recommenda- 7 tions, including the availability of problem gambling services, the 8 location of such services, and the need for such services; 9 3. create strategies to increase public awareness of problem gambling 10 and the availability of problem gambling resources; 11 4. recommend allocations of machine and table fees collected from a 12 gaming licensee pursuant to section thirteen hundred forty-eight of the 13 racing, pari-mutuel wagering and breeding law and distributed pursuant 14 to section ninety-seven-nnnn of the state finance law to effectuate the 15 recommendations and strategies developed pursuant to paragraphs one, two 16 and three of this subdivision; and 17 5. develop an annual report to be provided to the governor and legis- 18 lature containing its findings and recommendations with regard to prob- 19 lem gambling, including programs, resources, and services throughout the 20 state. The annual report shall be due no later than October first of 21 each year, with the first report provided no later than the first of 22 October next succeeding the effective date of this section. 23 (d) Term. Appointed members of the council shall serve for a term of 24 four years and continue to serve until their successor is appointed. 25 Each member of the council shall be entitled to designate in writing a 26 representative to attend meetings in his or her place and to vote or 27 otherwise act on his or her behalf in his or her absence. A member 28 appointed to fill a vacancy shall serve the remainder of the term of the 29 member he or she is appointed to succeed. The members of the council 30 shall receive no compensation for their services but shall be reimbursed 31 for their expenses actually incurred in the performance of their duties 32 hereunder. The council shall select, by a majority vote, members to 33 serve as a chair and as a secretary. 34 (e) Sharing of information. The council may request, and shall 35 receive, information from any state or local governmental agency neces- 36 sary to complete its duties pursuant to this section, so long as such 37 information does not contain any personally identifying information and 38 not otherwise protected by state or federal law. 39 § 2. This act shall take effect on the one hundred eightieth day after 40 it shall have become a law.