S T A T E   O F   N E W   Y O R K
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                                  409--A
     Cal. No. 306
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (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:
 
   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 ADDICTION SERVICES AND
 SUPPORTS, THE CHAIR OF THE  GAMING  COMMISSION,  AND  ELEVEN  ADDITIONAL
 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.
                                                            LBD00434-03-2
 S. 409--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. EXAMINE THE IMPACT OF MOBILE SPORTS  BETTING  ON  PROBLEM  GAMBLING
 SERVICES,  INCLUDING  BUT  NOT LIMITED TO, ANY INCREASE IN THE NUMBER OF
 CALLS PLACED TO THE PROBLEM GAMBLING HOPELINE OR OUTREACH TO LOCAL PROB-
 LEM GAMBLING RESOURCE CENTERS AND ANY NEED FOR ADDITIONAL STAFFING,  AND
 ANY INCREASE IN THE NUMBER OF INDIVIDUALS PLACING THEMSELVES ON THE LIST
 OF SELF-EXCLUDED PERSONS AT GAMING FACILITIES; AND
   6.  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.