Renames the advisory council on underage alcohol consumption and authorizes the council to address issues of substance abuse among youth.
TITLE OF BILL: An act to amend the mental hygiene law, in relation to renaming the advisory council on underage alcohol consumption and authorizing such council to address the issue of substance use among youth
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to authorize the Advisory Council on Underage Alcohol Consumption to address the issue of youth substance abuse.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill would rename the council to be the advisory council on underage alcohol consumption and youth substance abuse and would expand the duties of the council to address the issue of youth substance abuse.
Section 2 of the bill states the effective date.
JUSTIFICATION: Overall youth substance use is on the rise. According to the Substance Abuse and Mental Health Service Association (SAMHSA) 2009 National Survey on Drug Use and Health (NSDUH), after a number of years of declining use, overall youth drug use for youth 12 years old and older rose by nine percent.
Data from the NSDUH and the most recent Monitoring the Future study show that marijuana use, which had been rising among teens for the past two years, continued to rise in 2010 for grades 8, 10, and 12. There has also been a significant increase in the number of young adults using prescription drugs non-medically. In 2010 the National Institute of Drug Abuse reported that after marijuana use, prescription drugs and over-the-counter medications account for most of the top drugs abused by 12th graders in the past year. In New York State a survey conducted in 2008 by the Office of Alcoholism and Substance Abuse Services found that prescription pain killer abuse is higher in New York compared to the national rate (18% of NYS high school seniors vs. 13% nationally).
Underage drinking among America's youth remains high. Alcohol remains the most heavily abused substance by America's youth. Approximately 6.9 million teens are considered binge drinkers, typically meaning they drank more than five drinks on occasion, and more than two million are classified as heavy drinkers.
This bill would authorize the Advisory Council on Underage Alcohol Consumption to address the issues of substance abuse among New York State's youth.
PRIOR LEGISLATIVE HISTORY: This is a new Bill.
FISCAL IMPLICATIONS: Not yet determined.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4846 2011-2012 Regular Sessions IN SENATE April 27, 2011 ___________Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Develop- mental Disabilities AN ACT to amend the mental hygiene law, in relation to renaming the advisory council on underage alcohol consumption and authorizing such council to address the issue of substance use among youth THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 19.06 of the mental hygiene law, as added by chap- ter 275 of the laws of 2008, is amended to read as follows: S 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 under- age 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 pres- ident of the senate and seven members by the speaker of the assembly. In making such appointments, due consideration shall be given to the recom- mendations 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 commis- sioner of mental health, the attorney general, the temporary presidentEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10583-02-1 S. 4846 2
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 appoint- ments. (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 iden- tify 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 recommenda- tions and activities of the council on matters within the scope of its powers and duties as set forth in this section. S 2. This act shall take effect immediately.