Bill Text: NY S04648 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes the addiction prevention and recovery act of 2019; increases taxes on alcohol by fifty percent and allocates the increased revenue to a special fund to be used for the purposes of alcohol and substance abuse addiction prevention and recovery services and programs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO BUDGET AND REVENUE [S04648 Detail]
Download: New_York-2019-S04648-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4648 2019-2020 Regular Sessions IN SENATE March 19, 2019 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Budget and Revenue AN ACT to amend the tax law and the state finance law, in relation to enacting the addiction prevention and recovery act of 2019 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "addiction 2 prevention and recovery act of 2019". 3 § 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 1 of 4 section 424 of the tax law, paragraphs (a), (b), (c) and (d) as amended 5 by section 1 of part X-1 of chapter 57 of the laws of 2009, paragraph 6 (e) as amended by chapter 190 of the laws of 1990 and paragraph (f) as 7 amended by chapter 508 of the laws of 1993, are amended and a new para- 8 graph (h) is added to read as follows: 9 (a) [Fourteen] Twenty-eight cents per gallon upon beers; 10 (b) [Thirty] Sixty cents per gallon upon still wines, except cider 11 containing more than three and two-tenths per centum of alcohol by 12 volume, upon which the tax shall be [three] seven and [seventy-nine] 13 fifty-eight hundredths cents per gallon; 14 (c) [Thirty] Sixty cents per gallon upon artificially carbonated spar- 15 kling wines, except artificially carbonated sparkling cider containing 16 more than three and two-tenths per centum of alcohol by volume, upon 17 which the tax shall be [three] seven and [seventy-nine] fifty-eight 18 hundredths cents per gallon; 19 (d) [Thirty] Sixty cents per gallon upon natural sparkling wines, 20 except natural sparkling cider containing more than three and two-tenths 21 per centum of alcohol by volume, upon which the tax shall be [three] 22 seven and [seventy-nine] fifty-eight hundredths cents per gallon; 23 (e) [Sixty-seven] One dollar and thirty-four cents per liter upon 24 liquors containing not more than twenty-four per centum of alcohol by 25 volume except liquors containing not more than two per centum of alcohol EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09347-05-9S. 4648 2 1 by volume, upon which the tax shall be [one cent] two cents per liter; 2 and 3 (f) [One dollar] Three dollars and [seventy] forty cents per liter 4 upon all other liquors; when sold or used within this state, except when 5 sold or used under such circumstances that this state is without power 6 to impose such tax or when sold to the United States and except beers 7 when sold to or by a voluntary unincorporated organization of the armed 8 forces of the United States operating a place for the sale of goods 9 pursuant to regulations promulgated by the appropriate executive agency 10 of the United States, to the extent provided in such regulations, direc- 11 tives and policy statements of such an agency applicable to such sales, 12 and except when sold to professional foreign consuls-general, consuls 13 and vice-consuls who are nationals of the state appointing them and who 14 are assigned to foreign consulates in this state, provided that American 15 consular officers of equal rank who are citizens of the United States 16 and who exercise their official functions at American consulates in such 17 foreign country are granted reciprocal exemptions; provided, however, 18 that the commissioner may permit the sale of alcohol without tax to a 19 holder of any industrial alcohol permit, alcohol permit or alcohol 20 distributor's permit, issued by the state liquor authority, and by the 21 holder of an alcohol distributor's permit, class A, issued by such 22 authority to a holder of a distiller's license, class B, or a winery 23 license, issued by such authority and may also permit the use of alcohol 24 for any purpose other than the production of alcoholic beverages by such 25 holders without tax; provided also that the commissioner may permit the 26 sale of cider without tax by a holder of a cider producer's license 27 issued by the state liquor authority to a holder of a cider producer's 28 license or a cider wholesaler's license issued by such authority. 29 (h) Notwithstanding any other provision of this article, half of all 30 taxes, interest, penalties and fees collected or received by the commis- 31 sioner from each gallon of beer, still wine, cider, artificially carbo- 32 nated sparkling wines, artificially carbonated sparkling cider, natural 33 sparkling wines, natural sparkling cider and from each liter of liquor 34 under paragraphs (a) through (f) of this subdivision shall be allocated 35 to the alcohol and substance abuse addiction prevention and recovery 36 fund established pursuant to section ninety-nine-ff of the state finance 37 law. 38 § 3. The state finance law is amended by adding a new section 99-ff to 39 read as follows: 40 § 99-ff. Alcohol and substance abuse addiction prevention and recovery 41 fund. 1. There is hereby established in the joint custody of the comp- 42 troller and the commissioner of taxation and finance a special fund to 43 be known as the "alcohol and substance abuse addiction prevention and 44 recovery fund". 45 2. (a) Such fund shall consist of all revenues received by the depart- 46 ment of taxation and finance, pursuant to the provisions of paragraph 47 (h) of subdivision one of section four hundred twenty-four of the tax 48 law, and all other moneys appropriated, credited or transferred thereto 49 from any other fund or source pursuant to law. Nothing contained in this 50 section shall prevent the state from receiving grants, gifts or bequests 51 for the purposes of the fund as defined in this section and depositing 52 them into the fund according to law. 53 (b) Monies expended from such fund shall be used to supplement and not 54 supplant any other funds which would otherwise have been expended for 55 alcohol and substance abuse addiction prevention or recovery. All such 56 funds shall be used to improve alcohol and substance abuse addictionS. 4648 3 1 prevention and recovery services in the state. Nothing in this paragraph 2 shall preclude the state from decreasing funds as long as the state 3 demonstrates to the office of alcoholism and substance abuse services 4 that the quality of services has been maintained or enhanced notwith- 5 standing the use of state funds. 6 3. Monies of the fund shall be expended only for alcohol and substance 7 abuse addiction prevention and recovery. As used in this section, "alco- 8 hol and substance abuse addiction prevention and recovery" shall include 9 educational projects, including grants for alcohol and substance abuse 10 addiction education and prevention programs, and alcohol and substance 11 abuse addiction recovery services and programs which are approved by the 12 department of health. 13 4. Monies shall be payable from the fund on the audit and warrant of 14 the comptroller on vouchers approved and certified by the commissioner 15 of the office of alcoholism and substance abuse services, provided 16 however that fifty percent of the funds shall be expended on alcohol and 17 substance abuse addiction prevention and fifty percent of the funds 18 shall be expended on alcohol and substance abuse addiction recovery 19 services and programs. 20 5. To the extent practicable, the commissioner of the office of alco- 21 holism and substance abuse services shall ensure that all monies 22 received during a fiscal year are expended prior to the end of the 23 fiscal year. 24 6. On or before the first day of February each year, the commissioner 25 of the office of alcoholism and substance abuse services shall provide a 26 written report to the temporary president of the senate, speaker of the 27 assembly, chair of the senate finance committee, chair of the assembly 28 ways and means committee, chair of the senate committee on health, chair 29 of the assembly health committee, the state comptroller and the public. 30 Such report shall include how the monies of the fund were utilized 31 during the preceding calendar year, and shall include: 32 (a) the amount of money disbursed from the fund and the award process 33 used for such disbursements; 34 (b) recipients of awards from the fund; 35 (c) the amount awarded to each; 36 (d) the purposes for which such awards were granted; and 37 (e) a summary financial plan for such monies which shall include esti- 38 mates of all receipts and all disbursements for the current and succeed- 39 ing fiscal years, along with the actual results from the prior fiscal 40 year. 41 § 4. This act shall take effect April 1, 2020. Effective immediately, 42 any rules or regulations necessary to implement the provisions of this 43 act may be promulgated and any procedures, forms, or instructions neces- 44 sary for such implementation may be adopted and issued on or after the 45 date this act shall have become a law. The commissioners of taxation and 46 finance and the office of alcoholism and substance abuse services may 47 take any steps necessary to implement this act prior to its effective 48 date.
