Assembly Bill A1213

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

                                  1213

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. LENTOL, J. RIVERA -- Multi-Sponsored by -- M. of
  A. CAHILL, V. LOPEZ, MARKEY, MAYERSOHN, McENENY, PEOPLES-STOKES, PHEF-
  FER, 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 ELEVEN THAT ADDED THIS
SECTION, ALL MONEYS APPROPRIATED FOR  THE  PURPOSE  OF  SUCH  FUND,  ALL
MONEYS  TRANSFERRED TO SUCH FUND PURSUANT TO LAW, CONTRIBUTIONS CONSIST-
ING OF PROMISES OR GRANTS OF ANY MONEY OR PROPERTY OF ANY KIND OR VALUE,
OR ANY OTHER THING OF VALUE, INCLUDING GRANTS OR OTHER FINANCIAL ASSIST-
ANCE 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03540-01-1
              

A. 1213                             2

  4. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL OR  SPECIAL  LAW,  NO
MONEYS  SHALL  BE  AVAILABLE FROM THIS FUND UNTIL A CERTIFICATE OF ALLO-
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 pursuant to section 97-m of  the  state
finance law, as added by section one of this act, until the commissioner
of the office of alcoholism and substance abuse services has promulgated
rules  and  regulations  pertaining  to the allocation of moneys of such
fund.