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.
