Bill Text: NY S04846 | 2011-2012 | General Assembly | Introduced


Bill Title: Renames the advisory council on underage alcohol consumption and authorizes the council to address issues of substance abuse among youth.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-06-16 - SUBSTITUTED BY A6815 [S04846 Detail]

Download: New_York-2011-S04846-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4846
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    April 27, 2011
                                      ___________
       Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Mental Health and Develop-
         mental Disabilities
       AN ACT to amend the mental hygiene law,  in  relation  to  renaming  the
         advisory  council on underage alcohol consumption and authorizing such
         council to address the issue of substance use among youth
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 19.06 of the mental hygiene law, as added by chap-
    2  ter 275 of the laws of 2008, is amended to read as follows:
    3  S 19.06 Advisory council  on  underage  alcohol  consumption  AND  YOUTH
    4            SUBSTANCE ABUSE.
    5    1. Definitions. As used in this section:
    6    (a)  "Council"  shall  mean  the  advisory council on underage alcohol
    7  consumption AND YOUTH SUBSTANCE ABUSE created by this section.
    8    (b) "Chairperson" shall mean the chairperson of the  advisory  council
    9  on underage alcohol consumption AND YOUTH SUBSTANCE ABUSE.
   10    2.   Advisory  council  on  underage  alcohol  consumption  AND  YOUTH
   11  SUBSTANCE ABUSE.  There is hereby created an advisory council on  under-
   12  age  alcohol  consumption  AND YOUTH SUBSTANCE ABUSE.  The council shall
   13  consist of twenty-one members, who are  broadly  representative  of  the
   14  various groups in society which are stakeholders in the effort to combat
   15  underage  alcohol  consumption AND YOUTH SUBSTANCE ABUSE.  Seven members
   16  shall be appointed by the governor, seven members by the temporary pres-
   17  ident of the senate and seven members by the speaker of the assembly. In
   18  making such appointments, due consideration shall be given to the recom-
   19  mendations made by representative civic, educational, legal and advocacy
   20  groups and associations concerned with, or  otherwise  engaged  in,  the
   21  representation  of  the  interests  of  the youth of New York state. The
   22  commissioner, the chairman of the state liquor  authority,  the  commis-
   23  sioner  of  mental health, the attorney general, the temporary president
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10583-02-1
       S. 4846                             2
    1  of the senate and the  speaker  of  the  assembly  shall  be  ex-officio
    2  members of the council.
    3    3. Term of office for council members. (a) The term of office for each
    4  member  of  the  council  shall  be  two years. Vacancies in the council
    5  occurring, other than by expiration of a term, shall be filled  for  the
    6  remainder  of the unexpired term in the same manner as original appoint-
    7  ments.
    8    (b) At the beginning of each two year term, the members of the council
    9  shall choose one member of the council  to  be  a  chairperson  and  one
   10  member  to be vice-chairperson. The members of the council shall receive
   11  no compensation for their services, but  shall  be  reimbursed  for  all
   12  expenses actually and necessarily incurred by them in the performance of
   13  their  duties  under  this  section  within the amount made available by
   14  appropriation therefor.
   15    4. Powers and duties of  the  council.  The  council  shall  have  the
   16  following powers and duties:
   17    (a)  To receive information with respect to, and to study and analyze,
   18  incidents  of  underage  consumption  of  alcoholic   beverages,   YOUTH
   19  SUBSTANCE  ABUSE, and to examine the elements of such incidents to iden-
   20  tify those factors that are consistently associated with such behavior;
   21    (b) To identify and analyze the responses  to  underage  drinking  AND
   22  YOUTH  SUBSTANCE  ABUSE  made  by  governmental officials, including law
   23  enforcement officials and prosecutors, and to make recommendations as to
   24  whether such responses appear to be achieving decreases in the incidence
   25  of such behavior, and if not,  whether  it  appears  that  a  change  is
   26  required in policies and procedures;
   27    (c)  To  conduct  public hearings as may be necessary to carry out its
   28  functions under this section;
   29    (d) To make recommendations with respect to the following:
   30    (i) educational programs to teach children  the  dangers  of  underage
   31  drinking AND YOUTH SUBSTANCE ABUSE;
   32    (ii)  training  programs for law enforcement officials and prosecutors
   33  to sensitize them to  the  special  nature  of  youth-related  crime  to
   34  encourage them to develop appropriate responses;
   35    (iii)  the  appropriateness  and  effectiveness  of existing civil and
   36  criminal laws in redressing underage drinking AND YOUTH SUBSTANCE  ABUSE
   37  and any changes that should be made in such laws; and
   38    (iv)  such  other  matters as may be deemed appropriate by the council
   39  after consultation with involved parties;
   40    (e) To promulgate any necessary rules of order or procedures  relating
   41  to  the  administration  and performance of the powers and duties of the
   42  council pursuant to this section; and
   43    (f) To perform all other tasks necessary and convenient to  carry  out
   44  the  functions,  powers  and duties of the council and to effectuate the
   45  purposes of this section.
   46    5. Report. The council shall submit a written report to the  governor,
   47  temporary  president of the senate and the speaker of the assembly by no
   48  later than October first of the year next succeeding the effective  date
   49  of  this  section and annually thereafter, setting forth the recommenda-
   50  tions and activities of the council on matters within the scope  of  its
   51  powers and duties as set forth in this section.
   52    S 2. This act shall take effect immediately.
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