STATE OF NEW YORK
________________________________________________________________________
3632
2025-2026 Regular Sessions
IN SENATE
January 29, 2025
___________
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:
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.
20 (c) Duties of the council. The council shall meet as frequently as
21 necessary, but not less than two times per year. Meetings shall be held
22 at locations determined by the council. All meetings of the council
23 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.
LBD05765-01-5
S. 3632 2
1 1. develop and recommend strategies to ensure availability and access
2 to problem gambling programs and resources, including information and
3 resources regarding prevention of problem gambling, for individuals
4 throughout the state;
5 2. consult with individuals or organizations with experience in the
6 field of problem gambling services on funding and policy recommenda-
7 tions, including the availability of problem gambling services, the
8 location of such services, and the need for such services;
9 3. create strategies to increase public awareness of problem gambling
10 and the availability of problem gambling resources;
11 4. recommend allocations of machine and table fees collected from a
12 gaming licensee pursuant to section thirteen hundred forty-eight of the
13 racing, pari-mutuel wagering and breeding law and distributed pursuant
14 to section ninety-seven-nnnn of the state finance law to effectuate the
15 recommendations and strategies developed pursuant to paragraphs one, two
16 and three of this subdivision;
17 5. examine the impact of mobile sports betting on problem gambling
18 services, including but not limited to, any increase in the number of
19 calls placed to the problem gambling hopeline or outreach to local prob-
20 lem gambling resource centers and any need for additional staffing, and
21 any increase in the number of individuals placing themselves on the list
22 of self-excluded persons at gaming facilities; and
23 6. develop an annual report to be provided to the governor and legis-
24 lature containing its findings and recommendations with regard to prob-
25 lem gambling, including programs, resources, and services throughout the
26 state. The annual report shall be due no later than October first of
27 each year, with the first report provided no later than the first of
28 October next succeeding the effective date of this section.
29 (d) Term. Appointed members of the council shall serve for a term of
30 four years and continue to serve until their successor is appointed.
31 Each member of the council shall be entitled to designate in writing a
32 representative to attend meetings in such member's place and to vote or
33 otherwise act on such member's behalf in such member's absence. A member
34 appointed to fill a vacancy shall serve the remainder of the term of the
35 member that such appointed member is appointed to succeed. The members
36 of the council shall receive no compensation for their services but
37 shall be reimbursed for their expenses actually incurred in the perform-
38 ance of their duties hereunder. The council shall select, by a majority
39 vote, members to serve as a chair and as a secretary.
40 (e) Sharing of information. The council may request, and shall
41 receive, information from any state or local governmental agency neces-
42 sary to complete its duties pursuant to this section, so long as such
43 information does not contain any personally identifying information and
44 not otherwise protected by state or federal law.
45 § 2. This act shall take effect on the one hundred eightieth day after
46 it shall have become a law.
