S T A T E O F N E W Y O R K
________________________________________________________________________
6272
2009-2010 Regular Sessions
I N S E N A T E
November 6, 2009
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Introduced by Sens. C. JOHNSON, LITTLE, VALESKY -- read twice and
ordered printed, and when printed to be committed to the Committee on
Rules
AN ACT to amend the alcoholic beverage control law and the state finance
law, in relation to establishing the alcoholic beverage control
enforcement fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 125 of the alcoholic beverage control law is
amended to read as follows:
S 125. Disposition of moneys received for license fees. The moneys
received for license fees provided for in this chapter shall be turned
over by the liquor authority to the state comptroller. [It] ONE-HALF OF
SUCH MONEYS shall be placed by the state comptroller in the fund derived
from the proceeds of the taxes on liquor, wine and beer provided for in
article eighteen of the tax law and become a part thereof and be subject
to all of the provisions of law relating to such fund. THE REMAINING
ONE-HALF OF SUCH MONEYS SHALL BE DEPOSITED BY THE STATE COMPTROLLER IN
AND CREDITED TO THE ALCOHOLIC BEVERAGE CONTROL ENFORCEMENT FUND ESTAB-
LISHED PURSUANT TO SECTION EIGHTY-ONE OF THE STATE FINANCE LAW.
S 2. The state finance law is amended by adding a new section 81 to
read as follows:
S 81. ALCOHOLIC BEVERAGE CONTROL ENFORCEMENT FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND
FINANCE AND THE STATE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE
"ALCOHOLIC BEVERAGE CONTROL ENFORCEMENT FUND".
2. THE ALCOHOLIC BEVERAGE CONTROL ENFORCEMENT FUND SHALL CONSIST OF
ALL MONEYS RECEIVED BY THE STATE COMPTROLLER FOR DEPOSIT IN SUCH FUND
PURSUANT TO SECTION ONE HUNDRED TWENTY-FIVE OF THE ALCOHOLIC BEVERAGE
CONTROL LAW AND ANY OTHER MONEYS MADE AVAILABLE FOR THE PURPOSES OF THE
FUND.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14785-01-9
S. 6272 2
3. MONEYS IN THE ALCOHOLIC BEVERAGE CONTROL ENFORCEMENT FUND SHALL BE
KEPT SEPARATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE
CUSTODY OF THE COMPTROLLER.
4. THE MONEYS OF THE ALCOHOLIC BEVERAGE CONTROL ENFORCEMENT FUND SHALL
BE MADE AVAILABLE TO THE STATE LIQUOR AUTHORITY FOR THE PURPOSES OF
IMPLEMENTING AND ENFORCING THE PROVISIONS OF THE ALCOHOLIC BEVERAGE
CONTROL LAW.
S 3. This act shall take effect immediately.