NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1056
SPONSOR: Rosenthal L
 
TITLE OF BILL:
An act to amend the mental hygiene law, in relation to establishing the
problem gambling advisory council
 
PURPOSE:
This bill creates a problem gambling advisory council.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the mental hygiene law is amended by adding a new
section 25.04.
Section two sets forth the effective date.
 
JUSTIFICATION:
A survey conducted by the New York State Office of Alcoholism and
Substance Abuse Services (OASAS) found that five percent of adults, or
668,000 individuals, exhibited problem gambling behaviors within the
past year. Another survey of seventh through twelfth grade students
revealed that ten percent, or 140,000 students, showed signs of problem
gambling in the past 12 months and another ten percent of those students
were in need of treatment for problem gambling. Of those students in the
survey who were identified as in need of chemical dependency treatment,
forty five percent were at risk or in need of treatment for problem
gambling.
Research has found that proximity to casinos increases the rate of prob-
lem gambling among the local population. The National Gambling Impact
Study Commission showed that casinos within a 50 mile radius of an indi-
vidual's home can double the prevalence of problem gambling. The Buffalo
Research Institute on Addiction, in its own study, claimed that having a
casino within 10 miles of a home has a significant effect on the preva-
lence of problem gambling in the home. Currently, New York State has
five casinos operated by Native Americans and nine independently oper-
ated racinos; combined they operate approximately 29,000 electronic
gambling machines, which is more than any state in the Northeast or
Midwest. New York continues to expand its existing gaming market with
the addition of up to four new casinos, which could increase signif-
icantly the risk of more individuals developing a gambling problem.
It is evident that there is a growing need to promote awareness of and
access to problem gambling services. The development of a Problem Gambl-
ing Advisory Council will help to identify issues affecting those
suffering from a problem gambling disorder and recommend ways to make
prevention and treatment more accessible throughout the state.
As part of the enacted legislation that established the ability for new
casino development in New York, the Legislature required casinos to
deposit $500 annually into the Commercial Gaming Revenue Fund for every
slot machine or table approved by the Commission. Such funds are
required to be used exclusively for problem gambling education and
treatment purposes. While such an infusion of resources to fund services
for problem gambling will be instrumental, it is imperative that there
is proper oversight to ensure the resources are used as effectively as
possible.
 
LEGISLATIVE HISTORY:
2021-22: A.658-A/S.409-A - Vetoed
2019-20: A.590-A - Passed Assembly; S.3103-A - Advanced to Third Reading
2017-18: A.5081-A - Passed Assembly
2015-16: A.7058-A - Reported to Ways and Means
 
FISCAL IMPLICATIONS:
Undetermined.
 
EFFECTIVE DATE:
This bill shall take effect on the one hundred eightieth day after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
1056
2023-2024 Regular Sessions
IN ASSEMBLY
January 13, 2023
___________
Introduced by M. of A. L. ROSENTHAL, STIRPE, JACOBSON -- read once and
referred to the Committee on Alcoholism and Drug Abuse
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:
24 1. develop and recommend strategies to ensure availability and access
25 to problem gambling programs and resources, including information and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02525-01-3
A. 1056 2
1 resources regarding prevention of problem gambling, for individuals
2 throughout the state;
3 2. consult with individuals or organizations with experience in the
4 field of problem gambling services on funding and policy recommenda-
5 tions, including the availability of problem gambling services, the
6 location of such services, and the need for such services;
7 3. create strategies to increase public awareness of problem gambling
8 and the availability of problem gambling resources;
9 4. recommend allocations of machine and table fees collected from a
10 gaming licensee pursuant to section thirteen hundred forty-eight of the
11 racing, pari-mutuel wagering and breeding law and distributed pursuant
12 to section ninety-seven-nnnn of the state finance law to effectuate the
13 recommendations and strategies developed pursuant to paragraphs one, two
14 and three of this subdivision; and
15 5. examine the impact of mobile sports betting on problem gambling
16 services, including but not limited to, any increase in the number of
17 calls placed to the problem gambling hopeline or outreach to local prob-
18 lem gambling resource centers and any need for additional staffing, and
19 any increase in the number of individuals placing themselves on the list
20 of self-excluded persons at gaming facilities; and
21 6. develop an annual report to be provided to the governor and legis-
22 lature containing its findings and recommendations with regard to prob-
23 lem gambling, including programs, resources, and services throughout the
24 state. The annual report shall be due no later than October first of
25 each year, with the first report provided no later than the first of
26 October next succeeding the effective date of this section.
27 (d) Term. Appointed members of the council shall serve for a term of
28 four years and continue to serve until their successor is appointed.
29 Each member of the council shall be entitled to designate in writing a
30 representative to attend meetings in his or her place and to vote or
31 otherwise act on his or her behalf in his or her absence. A member
32 appointed to fill a vacancy shall serve the remainder of the term of the
33 member he or she is appointed to succeed. The members of the council
34 shall receive no compensation for their services but shall be reimbursed
35 for their expenses actually incurred in the performance of their duties
36 hereunder. The council shall select, by a majority vote, members to
37 serve as a chair and as a secretary.
38 (e) Sharing of information. The council may request, and shall
39 receive, information from any state or local governmental agency neces-
40 sary to complete its duties pursuant to this section, so long as such
41 information does not contain any personally identifying information and
42 not otherwise protected by state or federal law.
43 § 2. This act shall take effect on the one hundred eightieth day after
44 it shall have become a law.