S T A T E O F N E W Y O R K
________________________________________________________________________
1078
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. DINOWITZ, GOTTFRIED, JOHN, COOK, MILLMAN, ENGLE-
BRIGHT, PAULIN -- Multi-Sponsored by -- M. of A. ARROYO, AUBRY, BENJA-
MIN, BRADLEY, BRENNAN, CLARK, DIAZ, GALEF, GIANARIS, GLICK, GREENE,
HEASTIE, HOOPER, JACOBS, MARKEY, PERRY, J. RIVERA, ROBINSON, SCARBOR-
OUGH, WEISENBERG -- read once and referred to the Committee on Ways
and Means
AN ACT to amend the tax law and the state finance law, in relation to
increasing beer excise taxes and creating the substance abuse services
fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature finds that there is a
great and largely unmet demand for substance abuse services due primari-
ly to inadequate funding. The legislature further finds that for every
increase in the price of alcohol, there is an associated decrease in
consumption. Moreover, increases in alcohol excise taxes lower rates of
traffic fatalities, the annual cost of treating alcohol-related
diseases, the number of binge-drinking episodes, and the probability of
alcohol-related violence.
Based on these findings, the legislature recommends increasing the
alcohol excise tax and creating a substance abuse services fund with the
additional revenue.
S 2. Paragraph (a) of subdivision 1 of section 424 of the tax law, as
amended by section 1 of part V of chapter 63 of the laws of 2000, is
amended to read as follows:
(a)[Eleven] 23.2 cents per gallon upon beers;
S 3. The state finance law is amended by adding a new section 73 to
read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02775-01-9
A. 1078 2
S 73. SUBSTANCE ABUSE SERVICES FUND. 1. THERE IS HEREBY ESTABLISHED IN
THE CUSTODY OF THE STATE COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE
SUBSTANCE ABUSE SERVICES FUND.
2. SUCH FUND SHALL CONSIST OF ONE HUNDRED PERCENT OF THE TAXES
COLLECTED ON BEER UNDER ARTICLE EIGHTEEN OF THE TAX LAW. SUCH FUND
SHALL ALSO CONSIST OF ALL OTHER MONEYS APPROPRIATED FOR THE PURPOSE OF
SUCH FUND, ALL MONEYS TRANSFERRED TO SUCH FUND PURSUANT TO LAW AND ALL
MONEYS REQUIRED BY THE PROVISIONS OF 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 SUPPORT FOR FUNDED AGENCIES APPROVED BY THE
NEW YORK STATE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES FOR
ALCOHOLISM AND OTHER CHEMICAL DEPENDENCY SERVICES. SUCH PROGRAMS MAY
INCLUDE, BUT SHALL NOT BE LIMITED TO: ACUTE CARE SERVICES, ALCOHOL
CRISIS CENTERS, INPATIENT REHABILITATION, COMMUNITY RESIDENCES, AMBULA-
TORY AND RESIDENTIAL SUBSTANCE ABUSE TREATMENT SERVICES, PREVENTION AND
INTERVENTION SERVICES, EMPLOYEE ASSISTANCE PROGRAMS AND CHEMICAL DEPEND-
ENCY PROGRAMS FOR YOUTH.
4. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL OR SPECIAL LAW, NO
MONEYS SHALL BE AVAILABLE FROM SUCH SUBSTANCE ABUSE SERVICES FUND UNTIL
A CERTIFICATE OF ALLOCATION 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 IS FILED WITH
THE COMPTROLLER, THE CHAIRPERSON OF THE SENATE FINANCE COMMITTEE AND THE
CHAIRPERSON OF THE ASSEMBLY 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 ALCOHOLISM AND SUBSTANCE ABUSE
SERVICES, AND A COPY OF SUCH AMENDMENT SHALL BE FILED WITH THE COMP-
TROLLER, THE CHAIRPERSON OF THE SENATE FINANCE COMMITTEE AND THE CHAIR-
PERSON OF THE ASSEMBLY 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 SUCH COMMISSIONER.
6. THE COMMISSIONER OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
SERVICES SHALL PROMULGATE RULES AND REGULATIONS NECESSARY FOR THE ALLO-
CATION OF MONEYS FROM THE FUND ESTABLISHED PURSUANT TO THIS SECTION.
7. ANNUAL SUBSTANCE ABUSE SERVICES FUNDS SHALL NOT BE USED TO SUPPLANT
OR REPLACE ANY EXPENDITURES IN ANY STATE FISCAL YEAR PROVIDED TO PERSONS
IN NEED OF SUBSTANCE ABUSE SERVICES AND MADE PURSUANT TO TITLE D OF THE
MENTAL HYGIENE LAW.
S 4. This act shall take effect on the ninetieth day after it shall
have become a law.