Bill Text: NY A03488 | 2013-2014 | General Assembly | Amended

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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 6-0)

Status: (Engrossed - Dead) 2014-05-29 - REFERRED TO FINANCE [A03488 Detail]

Download: New_York-2013-A03488-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3488--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2013
                                      ___________
       Introduced  by M. of A. LENTOL, RIVERA -- Multi-Sponsored by -- M. of A.
         CAHILL, MARKEY, PEOPLES-STOKES, WEISENBERG -- read once  and  referred
         to  the Committee on Ways and Means -- recommitted to the Committee on
         Ways and Means in accordance with Assembly Rule 3, sec. 2 -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       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,  ALL
    8  MONEYS APPROPRIATED FOR THE PURPOSE OF SUCH FUND, ALL MONEYS TRANSFERRED
    9  TO  SUCH  FUND  PURSUANT TO LAW, CONTRIBUTIONS CONSISTING OF PROMISES OR
   10  GRANTS OF ANY MONEY OR PROPERTY OF ANY KIND OR VALUE, OR ANY OTHER THING
   11  OF VALUE, INCLUDING GRANTS OR OTHER FINANCIAL ASSISTANCE FROM ANY AGENCY
   12  OF GOVERNMENT AND ALL MONEYS REQUIRED BY THE PROVISIONS OF THIS  SECTION
   13  OR ANY OTHER LAW TO BE PAID INTO OR CREDITED TO THIS FUND.
   14    3.  MONEYS  OF  THE  FUND,  WHEN  ALLOCATED, SHALL BE AVAILABLE TO THE
   15  COMMISSIONER OF THE OFFICE OF ALCOHOLISM AND  SUBSTANCE  ABUSE  SERVICES
   16  AND  SHALL  BE  USED  TO  PROVIDE  FINANCIAL  SUPPORT  FOR ORGANIZATIONS
   17  APPROVED BY THE NEW YORK STATE OFFICE OF ALCOHOLISM AND SUBSTANCE  ABUSE
   18  SERVICES, THAT PROVIDE SPACE AND EQUIPMENT TO VOLUNTARY ADDICTION RECOV-
   19  ERY PROGRAMS.
   20    4.  NOTWITHSTANDING  THE  PROVISIONS OF ANY GENERAL OR SPECIAL LAW, NO
   21  MONEYS SHALL BE AVAILABLE FROM THIS FUND UNTIL A  CERTIFICATE  OF  ALLO-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04471-02-4
       A. 3488--A                          2
    1  CATION  AND  A  SCHEDULE  OF AMOUNTS TO BE AVAILABLE THEREFOR SHALL HAVE
    2  BEEN ISSUED BY THE DIRECTOR OF THE BUDGET, UPON  THE  RECOMMENDATION  OF
    3  THE  COMMISSIONER  OF  THE  OFFICE  OF  ALCOHOLISM  AND  SUBSTANCE ABUSE
    4  SERVICES, AND A COPY OF SUCH CERTIFICATE FILED WITH THE COMPTROLLER, THE
    5  CHAIRMAN  OF THE SENATE FINANCE COMMITTEE AND THE CHAIRMAN OF THE ASSEM-
    6  BLY WAYS AND MEANS COMMITTEE. SUCH CERTIFICATE MAY BE AMENDED FROM  TIME
    7  TO  TIME  BY  THE DIRECTOR OF THE BUDGET, UPON THE RECOMMENDATION OF THE
    8  COMMISSIONER OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE  ABUSE  SERVICES,
    9  AND  A  COPY  OF SUCH AMENDMENT SHALL BE FILED WITH THE COMPTROLLER, THE
   10  CHAIRMAN OF THE SENATE FINANCE COMMITTEE AND THE CHAIRMAN OF THE  ASSEM-
   11  BLY WAYS AND MEANS COMMITTEE.
   12    5.  THE  MONEYS  WHEN  ALLOCATED, SHALL BE PAID OUT OF THE FUND ON THE
   13  AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS CERTIFIED  OR  APPROVED
   14  BY  THE  COMMISSIONER  OF  THE  OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
   15  SERVICES, OR BY AN OFFICER OR EMPLOYEE OF THE OFFICE OF  ALCOHOLISM  AND
   16  SUBSTANCE ABUSE SERVICES DESIGNATED BY THE COMMISSIONER.
   17    6.  THE  COMMISSIONER  OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
   18  SERVICES SHALL PROMULGATE RULES AND REGULATIONS PERTAINING TO THE  ALLO-
   19  CATION OF MONEYS FROM THIS FUND.
   20    S  2.  Section 171-a of the tax law, as separately amended by chapters
   21  481 and 484 of the laws of 1981, is amended by adding a new  subdivision
   22  3 to read as follows:
   23    3.  BEFORE  ANY  TAXES,  INTEREST,  PENALTIES,  OR  FEES  COLLECTED OR
   24  RECEIVED BY THE COMMISSIONER PURSUANT TO ARTICLE EIGHTEEN OF THIS  CHAP-
   25  TER  ARE  DEPOSITED  PURSUANT  TO  SUBDIVISION  ONE OF THIS SECTION, THE
   26  COMMISSIONER SHALL DEPOSIT ONE PERCENT OF SUCH MONEYS COLLECTED INTO THE
   27  VOLUNTARY RECOVERY FUND ESTABLISHED PURSUANT TO  SECTION  NINETY-SEVEN-M
   28  OF THE STATE FINANCE LAW.
   29    S  3.  This  act shall take effect on the thirtieth day after it shall
   30  have become a law, provided, however, that no money  shall  be  expended
   31  from  the  voluntary recovery fund pursuant to section 97-m of the state
   32  finance law, as added by section one of this act, until the commissioner
   33  of the office of alcoholism and substance abuse services has promulgated
   34  rules and regulations pertaining to the allocation  of  moneys  of  such
   35  fund.