Bill Text: NY A01213 | 2011-2012 | General Assembly | Introduced

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Bill Title: Establishes the voluntary recovery fund; provides that one percent of all money received by the state for taxation of alcoholic beverages be deposited into a fund used to provide financial assistance to organizations that provide voluntary recovery programs.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2012-06-19 - held for consideration in ways and means [A01213 Detail]

Download: New_York-2011-A01213-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1213
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by M. of A. LENTOL, J. RIVERA -- Multi-Sponsored by -- M. of
         A. CAHILL, V. LOPEZ, MARKEY, MAYERSOHN, McENENY, PEOPLES-STOKES, PHEF-
         FER, TOWNS, WEISENBERG -- read once and referred to the  Committee  on
         Ways and Means
       AN  ACT  to  amend the state finance law and the tax law, in relation to
         establishing the voluntary recovery fund
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  state finance law is amended by adding a new section
    2  97-m to read as follows:
    3    S 97-M. VOLUNTARY RECOVERY FUND. 1. THERE IS HEREBY ESTABLISHED IN THE
    4  CUSTODY OF THE STATE COMPTROLLER A SPECIAL  FUND  TO  BE  KNOWN  AS  THE
    5  VOLUNTARY RECOVERY FUND.
    6    2. SUCH FUND SHALL CONSIST OF ALL MONEYS RECEIVED PURSUANT TO SUBDIVI-
    7  SION THREE OF SECTION ONE HUNDRED SEVENTY-ONE-A OF THE TAX LAW, AS ADDED
    8  BY  THE  CHAPTER  OF  THE  LAWS  OF  TWO THOUSAND ELEVEN THAT ADDED THIS
    9  SECTION, ALL MONEYS APPROPRIATED FOR  THE  PURPOSE  OF  SUCH  FUND,  ALL
   10  MONEYS  TRANSFERRED TO SUCH FUND PURSUANT TO LAW, CONTRIBUTIONS CONSIST-
   11  ING OF PROMISES OR GRANTS OF ANY MONEY OR PROPERTY OF ANY KIND OR VALUE,
   12  OR ANY OTHER THING OF VALUE, INCLUDING GRANTS OR OTHER FINANCIAL ASSIST-
   13  ANCE FROM ANY AGENCY OF  GOVERNMENT  AND  ALL  MONEYS  REQUIRED  BY  THE
   14  PROVISIONS  OF THIS SECTION OR ANY OTHER LAW TO BE PAID INTO OR CREDITED
   15  TO THIS FUND.
   16    3. MONEYS OF THE FUND, WHEN  ALLOCATED,  SHALL  BE  AVAILABLE  TO  THE
   17  COMMISSIONER  OF  THE  OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
   18  AND SHALL  BE  USED  TO  PROVIDE  FINANCIAL  SUPPORT  FOR  ORGANIZATIONS
   19  APPROVED  BY THE NEW YORK STATE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
   20  SERVICES, THAT PROVIDE SPACE AND EQUIPMENT TO VOLUNTARY ADDICTION RECOV-
   21  ERY PROGRAMS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03540-01-1
       A. 1213                             2
    1    4. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL OR  SPECIAL  LAW,  NO
    2  MONEYS  SHALL  BE  AVAILABLE FROM THIS FUND UNTIL A CERTIFICATE OF ALLO-
    3  CATION AND A SCHEDULE OF AMOUNTS TO BE  AVAILABLE  THEREFOR  SHALL  HAVE
    4  BEEN  ISSUED  BY  THE DIRECTOR OF THE BUDGET, UPON THE RECOMMENDATION OF
    5  THE  COMMISSIONER  OF  THE  OFFICE  OF  ALCOHOLISM  AND  SUBSTANCE ABUSE
    6  SERVICES, AND A COPY OF SUCH CERTIFICATE FILED WITH THE COMPTROLLER, THE
    7  CHAIRMAN OF THE SENATE FINANCE COMMITTEE AND THE CHAIRMAN OF THE  ASSEM-
    8  BLY  WAYS AND MEANS COMMITTEE. SUCH CERTIFICATE MAY BE AMENDED FROM TIME
    9  TO TIME BY THE DIRECTOR OF THE BUDGET, UPON THE  RECOMMENDATION  OF  THE
   10  COMMISSIONER  OF  THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES,
   11  AND A COPY OF SUCH AMENDMENT SHALL BE FILED WITH  THE  COMPTROLLER,  THE
   12  CHAIRMAN  OF THE SENATE FINANCE COMMITTEE AND THE CHAIRMAN OF THE ASSEM-
   13  BLY WAYS AND MEANS COMMITTEE.
   14    5. THE MONEYS WHEN ALLOCATED, SHALL BE PAID OUT OF  THE  FUND  ON  THE
   15  AUDIT  AND  WARRANT OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED
   16  BY THE COMMISSIONER OF THE OFFICE  OF  ALCOHOLISM  AND  SUBSTANCE  ABUSE
   17  SERVICES,  OR  BY AN OFFICER OR EMPLOYEE OF THE OFFICE OF ALCOHOLISM AND
   18  SUBSTANCE ABUSE SERVICES DESIGNATED BY THE COMMISSIONER.
   19    6. THE COMMISSIONER OF THE OFFICE OF ALCOHOLISM  AND  SUBSTANCE  ABUSE
   20  SERVICES  SHALL PROMULGATE RULES AND REGULATIONS PERTAINING TO THE ALLO-
   21  CATION OF MONEYS FROM THIS FUND.
   22    S 2. Section 171-a of the tax law, as separately amended  by  chapters
   23  481  and 484 of the laws of 1981, is amended by adding a new subdivision
   24  3 to read as follows:
   25    3. BEFORE  ANY  TAXES,  INTEREST,  PENALTIES,  OR  FEES  COLLECTED  OR
   26  RECEIVED  BY THE COMMISSIONER PURSUANT TO ARTICLE EIGHTEEN OF THIS CHAP-
   27  TER ARE DEPOSITED PURSUANT TO  SUBDIVISION  ONE  OF  THIS  SECTION,  THE
   28  COMMISSIONER SHALL DEPOSIT ONE PERCENT OF SUCH MONEYS COLLECTED INTO THE
   29  VOLUNTARY  RECOVERY  FUND ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-M
   30  OF THE STATE FINANCE LAW.
   31    S 3. This act shall take effect on the thirtieth day  after  it  shall
   32  have  become  a  law, provided, however, that no money shall be expended
   33  from the voluntary recovery fund pursuant to section 97-m of  the  state
   34  finance law, as added by section one of this act, until the commissioner
   35  of the office of alcoholism and substance abuse services has promulgated
   36  rules  and  regulations  pertaining  to the allocation of moneys of such
   37  fund.