S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6701
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 5, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed  to  be committed to the Committee on Alcoholism and Substance
   Use Disorders
 
 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.
   (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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02525-01-3
 S. 6701                             2
              

 
   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.