Bill Text: NY S00409 | 2021-2022 | General Assembly | Amended


Bill Title: Establishes the problem gambling advisory council.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2022-06-02 - SUBSTITUTED BY A658A [S00409 Detail]

Download: New_York-2021-S00409-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         409--A
            Cal. No. 306

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sens. BIAGGI, GAUGHRAN, GOUNARDES, HINCHEY -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Alcoholism and Substance Abuse -- recommitted to the  Committee  on
          Alcoholism  and Substance Abuse in accordance with Senate Rule 6, sec.
          8 -- reported favorably from said  committee,  ordered  to  first  and
          second  report,  ordered  to  a  third  reading,  amended  and ordered
          reprinted, retaining its place in the order of third reading

        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  thirteen  members,
    10  including  the  commissioner  of  the  office  of addiction services and
    11  supports, the chair of the  gaming  commission,  and  eleven  additional
    12  members:    four  members  appointed  by  the temporary president of the
    13  senate; four members appointed by  the  speaker  of  the  assembly;  one
    14  member  appointed  by  the  minority  leader  of  the senate; one member
    15  appointed by the  minority  leader  of  the  assembly;  and  one  member
    16  appointed by the governor; provided, however, the temporary president of
    17  the  senate  and the speaker of the assembly shall each appoint at least
    18  two  representatives  of  community-based  behavioral  health   services
    19  providers.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00434-03-2

        S. 409--A                           2

     1    (c)  Duties  of  the  council. The council shall meet as frequently as
     2  necessary, but not less than two times per year. Meetings shall be  held
     3  at  locations  determined  by  the  council. All meetings of the council
     4  shall be subject to the open meetings law. The council shall:
     5    1.  develop and recommend strategies to ensure availability and access
     6  to problem gambling programs and resources,  including  information  and
     7  resources  regarding  prevention  of  problem  gambling, for individuals
     8  throughout the state;
     9    2. consult with individuals or organizations with  experience  in  the
    10  field  of  problem  gambling  services on funding and policy recommenda-
    11  tions, including the availability  of  problem  gambling  services,  the
    12  location of such services, and the need for such services;
    13    3.  create strategies to increase public awareness of problem gambling
    14  and the availability of problem gambling resources;
    15    4. recommend allocations of machine and table fees  collected  from  a
    16  gaming  licensee pursuant to section thirteen hundred forty-eight of the
    17  racing, pari-mutuel wagering and breeding law and  distributed  pursuant
    18  to  section ninety-seven-nnnn of the state finance law to effectuate the
    19  recommendations and strategies developed pursuant to paragraphs one, two
    20  and three of this subdivision; and
    21    5. examine the impact of mobile sports  betting  on  problem  gambling
    22  services,  including  but  not limited to, any increase in the number of
    23  calls placed to the problem gambling hopeline or outreach to local prob-
    24  lem gambling resource centers and any need for additional staffing,  and
    25  any increase in the number of individuals placing themselves on the list
    26  of self-excluded persons at gaming facilities; and
    27    6.  develop an annual report to be provided to the governor and legis-
    28  lature containing its findings and recommendations with regard to  prob-
    29  lem gambling, including programs, resources, and services throughout the
    30  state.  The  annual  report  shall be due no later than October first of
    31  each year, with the first report provided no later  than  the  first  of
    32  October next succeeding the effective date of this section.
    33    (d)  Term.  Appointed members of the council shall serve for a term of
    34  four years and continue to serve until  their  successor  is  appointed.
    35  Each  member  of the council shall be entitled to designate in writing a
    36  representative to attend meetings in his or her place  and  to  vote  or
    37  otherwise  act  on  his  or  her  behalf in his or her absence. A member
    38  appointed to fill a vacancy shall serve the remainder of the term of the
    39  member he or she is appointed to succeed. The  members  of  the  council
    40  shall receive no compensation for their services but shall be reimbursed
    41  for  their expenses actually incurred in the performance of their duties
    42  hereunder. The council shall select, by  a  majority  vote,  members  to
    43  serve as a chair and as a secretary.
    44    (e)  Sharing  of  information.  The  council  may  request,  and shall
    45  receive, information from any state or local governmental agency  neces-
    46  sary  to  complete  its duties pursuant to this section, so long as such
    47  information does not contain any personally identifying information  and
    48  not otherwise protected by state or federal law.
    49    § 2. This act shall take effect on the one hundred eightieth day after
    50  it shall have become a law.
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