Assembly Bill A5172

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5172

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced  by M. of A. LENTOL, J. RIVERA -- Multi-Sponsored by -- M. of
  A. CAHILL, V. LOPEZ, MARKEY,  MAYERSOHN,  McENENY,  PEOPLES,  PHEFFER,
  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:

  Section 1. The state finance law is amended by adding  a  new  section
97-m to read as follows:
  S 97-M. VOLUNTARY RECOVERY FUND. 1. THERE IS HEREBY ESTABLISHED IN THE
CUSTODY  OF  THE  STATE  COMPTROLLER  A  SPECIAL FUND TO BE KNOWN AS THE
VOLUNTARY RECOVERY FUND.
  2. SUCH FUND SHALL CONSIST OF ALL MONEYS RECEIVED PURSUANT TO SUBDIVI-
SION THREE OF SECTION ONE HUNDRED SEVENTY-ONE-A OF THE TAX LAW, AS ADDED
BY THE CHAPTER OF THE LAWS OF TWO THOUSAND NINE THAT ADDED THIS SECTION,
ALL MONEYS APPROPRIATED FOR THE PURPOSE OF SUCH FUND, ALL MONEYS  TRANS-
FERRED  TO  SUCH FUND PURSUANT TO LAW, CONTRIBUTIONS CONSISTING OF PROM-
ISES OR GRANTS OF ANY MONEY OR PROPERTY OF ANY KIND  OR  VALUE,  OR  ANY
OTHER  THING  OF  VALUE,  INCLUDING GRANTS OR OTHER FINANCIAL ASSISTANCE
FROM ANY AGENCY OF GOVERNMENT AND ALL MONEYS REQUIRED BY THE  PROVISIONS
OF  THIS  SECTION  OR  ANY OTHER LAW TO BE PAID INTO OR CREDITED TO THIS
FUND.
  3. MONEYS OF THE FUND, WHEN  ALLOCATED,  SHALL  BE  AVAILABLE  TO  THE
COMMISSIONER  OF  THE  OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
AND SHALL  BE  USED  TO  PROVIDE  FINANCIAL  SUPPORT  FOR  ORGANIZATIONS
APPROVED  BY THE NEW YORK STATE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
SERVICES, THAT PROVIDE SPACE AND EQUIPMENT TO VOLUNTARY ADDICTION RECOV-
ERY PROGRAMS.
  4. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL OR  SPECIAL  LAW,  NO
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.
                                                           LBD07488-01-9
              

A. 5172                             2

CATION AND A SCHEDULE OF AMOUNTS TO BE  AVAILABLE  THEREFOR  SHALL  HAVE
BEEN  ISSUED  BY  THE DIRECTOR OF THE BUDGET, UPON THE RECOMMENDATION OF
THE COMMISSIONER  OF  THE  OFFICE  OF  ALCOHOLISM  AND  SUBSTANCE  ABUSE
SERVICES, AND A COPY OF SUCH CERTIFICATE FILED WITH THE COMPTROLLER, THE
CHAIRMAN  OF THE SENATE FINANCE COMMITTEE AND THE CHAIRMAN OF THE ASSEM-
BLY WAYS AND MEANS COMMITTEE. SUCH CERTIFICATE MAY BE AMENDED FROM  TIME
TO  TIME  BY  THE DIRECTOR OF THE BUDGET, UPON THE RECOMMENDATION OF THE
COMMISSIONER OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE  ABUSE  SERVICES,
AND  A  COPY  OF SUCH AMENDMENT SHALL BE FILED WITH THE COMPTROLLER, THE
CHAIRMAN OF THE SENATE FINANCE COMMITTEE AND THE CHAIRMAN OF THE  ASSEM-
BLY WAYS AND MEANS COMMITTEE.
  5.  THE  MONEYS  WHEN  ALLOCATED, SHALL BE PAID OUT OF THE FUND ON THE
AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS CERTIFIED  OR  APPROVED
BY  THE  COMMISSIONER  OF  THE  OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
SERVICES, OR BY AN OFFICER OR EMPLOYEE OF THE OFFICE OF  ALCOHOLISM  AND
SUBSTANCE ABUSE SERVICES DESIGNATED BY THE COMMISSIONER.
  6.  THE  COMMISSIONER  OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
SERVICES SHALL PROMULGATE RULES AND REGULATIONS PERTAINING TO THE  ALLO-
CATION OF MONEYS FROM THIS FUND.
  S  2.  Section 171-a of the tax law, as separately amended by chapters
481 and 484 of the laws of 1981, is amended by adding a new  subdivision
3 to read as follows:
  3.  BEFORE  ANY  TAXES,  INTEREST,  PENALTIES,  OR  FEES  COLLECTED OR
RECEIVED BY THE COMMISSIONER PURSUANT TO ARTICLE EIGHTEEN OF THIS  CHAP-
TER  ARE  DEPOSITED  PURSUANT  TO  SUBDIVISION  ONE OF THIS SECTION, THE
COMMISSIONER SHALL DEPOSIT ONE PERCENT OF SUCH MONEYS COLLECTED INTO THE
VOLUNTARY RECOVERY FUND ESTABLISHED PURSUANT TO  SECTION  NINETY-SEVEN-M
OF THE STATE FINANCE LAW.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law, provided, however, that no money  shall  be  expended
from the voluntary recovery fund until the commissioner of the office of
alcoholism  and substance abuse services has promulgated rules and regu-
lations pertaining to the allocation of moneys of such fund.