N.Y. Mental Hyg. Law § 19.06

Current through 2024 NY Law Chapter 443

Section 19.06 - Advisory council on underage alcohol consumption and youth substance abuse

1. Definitions. As used in this section:

(a) "Council" shall mean the advisory council on underage alcohol consumption and youth substance abuse created by this section.

(b) "Chairperson" shall mean the chairperson of the advisory council on underage alcohol consumption and youth substance abuse.

2. Advisory council on underage alcohol consumption and youth substance abuse. There is hereby created an advisory council on underage alcohol consumption and youth substance abuse. The council shall consist of twenty-one members, who are broadly representative of the various groups in society which are stakeholders in the effort to combat underage alcohol consumption and youth substance abuse. Seven members shall be appointed by the governor, seven members by the temporary president of the senate and seven members by the speaker of the assembly. In making such appointments, due consideration shall be given to the recommendations made by representative civic, educational, legal and advocacy groups and associations concerned with, or otherwise engaged in, the representation of the interests of the youth of New York state. The commissioner, the chairman of the state liquor authority, the commissioner of mental health, the attorney general, the temporary president of the senate and the speaker of the assembly shall be ex-officio members of the council.

3. Term of office for council members.

(a) The term of office for each member of the council shall be two years. Vacancies in the council occurring, other than by expiration of a term, shall be filled for the remainder of the unexpired term in the same manner as original appointments.

(b) At the beginning of each two year term, the members of the council shall choose one member of the council to be a chairperson and one member to be vice-chairperson. The members of the council shall receive no compensation for their services, but shall be reimbursed for all expenses actually and necessarily incurred by them in the performance of their duties under this section within the amount made available by appropriation therefor.

4. Powers and duties of the council. The council shall have the following powers and duties:

(a) To receive information with respect to, and to study and analyze, incidents of underage consumption of alcoholic beverages, youth substance abuse, and to examine the elements of such incidents to identify those factors that are consistently associated with such behavior;

(b) To identify and analyze the responses to underage drinking and youth substance abuse made by governmental officials, including law enforcement officials and prosecutors, and to make recommendations as to whether such responses appear to be achieving decreases in the incidence of such behavior, and if not, whether it appears that a change is required in policies and procedures;

(c) To conduct public hearings as may be necessary to carry out its functions under this section;

(d) To make recommendations with respect to the following:

(i) educational programs to teach children the dangers of underage drinking and youth substance abuse;

(ii) training programs for law enforcement officials and prosecutors to sensitize them to the special nature of youth-related crime to encourage them to develop appropriate responses;

(iii) the appropriateness and effectiveness of existing civil and criminal laws in redressing underage drinking and youth substance abuse and any changes that should be made in such laws; and

(iv) such other matters as may be deemed appropriate by the council after consultation with involved parties;

(e) To promulgate any necessary rules of order or procedures relating to the administration and performance of the powers and duties of the council pursuant to this section; and

(f) To perform all other tasks necessary and convenient to carry out the functions, powers and duties of the council and to effectuate the purposes of this section.

5. Report. The council shall submit a written report to the governor, temporary president of the senate and the speaker of the assembly by no later than October first of the year next succeeding the effective date of this section and annually thereafter, setting forth the recommendations and activities of the council on matters within the scope of its powers and duties as set forth in this section.

N.Y. Mental Hyg. Law § 19.06