N.Y. Mental Hygiene Law § 19.06: Advisory council on underage alcohol consumption and youth substance abuse

§ 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.