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