S T A T E   O F   N E W   Y O R K
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                                  3103--A
     Cal. No. 228
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2019
                                ___________
 
 Introduced  by  Sens.  BIAGGI,  GAUGHRAN,  GOUNARDES  --  read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Alcoholism and Substance Abuse -- reported favorably from said commit-
   tee  and  committed  to the Committee on Finance -- 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:
 
   Section 1. The mental hygiene law is amended by adding a  new  section
 25.04 to read as follows:
 § 25.04 PROBLEM GAMBLING ADVISORY COUNCIL.
   (A)  CREATION  AND  PURPOSE.    THE  PROBLEM GAMBLING ADVISORY COUNCIL
 (HEREINAFTER THE "COUNCIL") IS HEREBY ESTABLISHED. THE  PURPOSE  OF  THE
 COUNCIL  IS  TO  MAKE  FINDINGS  AND RECOMMENDATIONS TO THE GOVERNOR AND
 LEGISLATURE ON HOW TO PREVENT AND TREAT PROBLEM GAMBLING IN THE STATE OF
 NEW YORK.
   (B) COMPOSITION.  THE  COUNCIL  SHALL  CONSIST  OF  THIRTEEN  MEMBERS,
 INCLUDING  THE  COMMISSIONER  OF  THE OFFICE OF ALCOHOLISM AND SUBSTANCE
 ABUSE SERVICES, THE CHAIR OF THE GAMING  COMMISSION,  AND  ELEVEN  ADDI-
 TIONAL  MEMBERS:    FOUR MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF
 THE SENATE; FOUR MEMBERS APPOINTED BY THE SPEAKER OF THE  ASSEMBLY;  ONE
 MEMBER  APPOINTED  BY  THE  MINORITY  LEADER  OF  THE SENATE; ONE MEMBER
 APPOINTED BY THE  MINORITY  LEADER  OF  THE  ASSEMBLY;  AND  ONE  MEMBER
 APPOINTED BY THE GOVERNOR; PROVIDED, HOWEVER, THE TEMPORARY PRESIDENT OF
 THE  SENATE  AND THE SPEAKER OF THE ASSEMBLY SHALL EACH APPOINT AT LEAST
 TWO  REPRESENTATIVES  OF  COMMUNITY-BASED  BEHAVIORAL  HEALTH   SERVICES
 PROVIDERS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04068-03-9

 S. 3103--A                          2
 
   (C)  DUTIES  OF  THE  COUNCIL. THE COUNCIL SHALL MEET AS FREQUENTLY AS
 NECESSARY, BUT NOT LESS THAN TWO TIMES PER YEAR. MEETINGS SHALL BE  HELD
 AT  LOCATIONS  DETERMINED  BY  THE  COUNCIL. ALL MEETINGS OF THE COUNCIL
 SHALL BE SUBJECT TO THE OPEN MEETINGS LAW. THE COUNCIL SHALL:
   1.  DEVELOP AND RECOMMEND STRATEGIES TO ENSURE AVAILABILITY AND ACCESS
 TO PROBLEM GAMBLING PROGRAMS AND RESOURCES,  INCLUDING  INFORMATION  AND
 RESOURCES  REGARDING  PREVENTION  OF  PROBLEM  GAMBLING, FOR INDIVIDUALS
 THROUGHOUT THE STATE;
   2. CONSULT WITH INDIVIDUALS OR ORGANIZATIONS WITH  EXPERIENCE  IN  THE
 FIELD  OF  PROBLEM  GAMBLING  SERVICES ON FUNDING AND POLICY RECOMMENDA-
 TIONS, INCLUDING THE AVAILABILITY  OF  PROBLEM  GAMBLING  SERVICES,  THE
 LOCATION OF SUCH SERVICES, AND THE NEED FOR SUCH SERVICES;
   3.  CREATE STRATEGIES TO INCREASE PUBLIC AWARENESS OF PROBLEM GAMBLING
 AND THE AVAILABILITY OF PROBLEM GAMBLING RESOURCES;
   4. RECOMMEND ALLOCATIONS OF MACHINE AND TABLE FEES  COLLECTED  FROM  A
 GAMING  LICENSEE PURSUANT TO SECTION THIRTEEN HUNDRED FORTY-EIGHT OF THE
 RACING, PARI-MUTUEL WAGERING AND BREEDING LAW AND  DISTRIBUTED  PURSUANT
 TO  SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW TO EFFECTUATE THE
 RECOMMENDATIONS AND STRATEGIES DEVELOPED PURSUANT TO PARAGRAPHS ONE, TWO
 AND THREE OF THIS SUBDIVISION; AND
   5. DEVELOP AN ANNUAL REPORT TO BE PROVIDED TO THE GOVERNOR AND  LEGIS-
 LATURE  CONTAINING ITS FINDINGS AND RECOMMENDATIONS WITH REGARD TO PROB-
 LEM GAMBLING, INCLUDING PROGRAMS, RESOURCES, AND SERVICES THROUGHOUT THE
 STATE. THE ANNUAL REPORT SHALL BE DUE NO LATER  THAN  OCTOBER  FIRST  OF
 EACH  YEAR,  WITH  THE  FIRST REPORT PROVIDED NO LATER THAN THE FIRST OF
 OCTOBER NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION.
   (D) TERM. APPOINTED MEMBERS OF THE COUNCIL SHALL SERVE FOR A  TERM  OF
 FOUR  YEARS  AND  CONTINUE  TO SERVE UNTIL THEIR SUCCESSOR IS APPOINTED.
 EACH MEMBER OF THE COUNCIL SHALL BE ENTITLED TO DESIGNATE IN  WRITING  A
 REPRESENTATIVE  TO  ATTEND  MEETINGS  IN HIS OR HER PLACE AND TO VOTE OR
 OTHERWISE ACT ON HIS OR HER BEHALF IN  HIS  OR  HER  ABSENCE.  A  MEMBER
 APPOINTED TO FILL A VACANCY SHALL SERVE THE REMAINDER OF THE TERM OF THE
 MEMBER  HE  OR  SHE  IS APPOINTED TO SUCCEED. THE MEMBERS OF THE COUNCIL
 SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT SHALL BE REIMBURSED
 FOR THEIR EXPENSES ACTUALLY INCURRED IN THE PERFORMANCE OF THEIR  DUTIES
 HEREUNDER.  THE  COUNCIL  SHALL  SELECT,  BY A MAJORITY VOTE, MEMBERS TO
 SERVE AS A CHAIR AND AS A SECRETARY.
   (E) SHARING  OF  INFORMATION.  THE  COUNCIL  MAY  REQUEST,  AND  SHALL
 RECEIVE,  INFORMATION FROM ANY STATE OR LOCAL GOVERNMENTAL AGENCY NECES-
 SARY TO COMPLETE ITS DUTIES PURSUANT TO THIS SECTION, SO  LONG  AS  SUCH
 INFORMATION  DOES NOT CONTAIN ANY PERSONALLY IDENTIFYING INFORMATION AND
 NOT OTHERWISE PROTECTED BY STATE OR FEDERAL LAW.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.