STATE OF NEW YORK
        ________________________________________________________________________

                                          8185

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    October 27, 2023
                                       ___________

        Introduced  by  M.  of  A.  BLANKENBUSH -- read once and referred to the
          Committee on Codes

        AN ACT to repeal certain provisions of the executive law establishing  a
          fee for background checks on certain firearm and ammunition purchases;
          and to amend the state finance law, in relation to the source of funds
          for the background check fund

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 5 of  section  228  of  the  executive  law  is
     2  REPEALED.
     3    §  2.  Subdivisions 2 and 5 of section 99-pp of the state finance law,
     4  as added by chapter 371 of the laws of 2022,  are  amended  to  read  as
     5  follows:
     6    2.  Such  fund  shall  consist  of  all revenues received by the comp-
     7  troller, [pursuant to the provisions of section two hundred twenty-eight
     8  of the executive law and all other] consisting  of  moneys  appropriated
     9  thereto from any other fund or source pursuant to law. Nothing contained
    10  in  this section shall prevent the state from receiving grants, gifts or
    11  bequests for the purposes of the fund as defined  in  this  section  and
    12  depositing them into the fund according to law.
    13    5. [(a)] Any unexpended and unencumbered moneys remaining in the back-
    14  ground  check fund at the end of a fiscal year shall remain in the back-
    15  ground check fund and shall not be credited to any other fund.
    16    [(b) To the extent practicable, any such remaining funds shall be used
    17  to reduce the amount of the fee described in subdivision two of  section
    18  two hundred twenty-eight of the executive law.]
    19    § 3. This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13159-01-3