Senate Bill S1698A

2011-2012 Legislative Session

Establishes the controlled substance treatment, prevention and enforcement fund; permits contribution to such fund on income tax return

download bill text pdf

Archive: Last Bill Status - In Senate Committee Alcoholism And Drug Abuse Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 25, 2012	print number 1698a
Jan 25, 2012	amend and recommit to alcoholism and drug abuse
Jan 04, 2012	referred to alcoholism and drug abuse
Mar 23, 2011	committee discharged and committed to alcoholism and drug abuse
Jan 11, 2011	referred to investigations and government operations

Bill Amendments

Original

A (Active)

co-Sponsors

2011-S1698 - Details

Current Committee:: Senate Alcoholism And Drug Abuse
Law Section:: Tax Law
Laws Affected:: Add §623, Tax L; add §89-h, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S194
2013-2014: S524
2015-2016: S4010

2011-S1698 - Summary

Establishes the controlled substance treatment, prevention and enforcement fund; permits a taxpayer to contribute to such fund by indicating any whole dollar amount on his or her personal income tax return; provides that moneys of such fund shall be used to provide substance abuse treatment and prevention services and for the enforcement of laws relating to unlawful use, possession, sale, manufacture, dispensing or distribution of a controlled substance or drug paraphernalia.

2011-S1698 - Sponsor Memo

                                BILL NUMBER:S1698

TITLE OF BILL:
An act
to amend the tax law and the state finance law, in relation to
establishing the controlled substance treatment, prevention and
enforcement fund and permitting contributions to such fund to be
made on personal income tax returns

PURPOSE OR GENERAL IDEA OF BILL:
To establish the controlled substance treatment, prevention and
enforcement fund; permits contribution to such fund on income tax
return.

SUMMARY OF SPECIFIC PROVISIONS:
Specific provisions of this program effect the following:

a) provides contributions to the controlled substance treatment,
prevention and enforcement fund for substance abuse treatment and
prevention and enforcement of laws governing the unlawful use,
possession, sale, manufacture, dispensing or distribution of a
controlled substance;

b) requires such contributions to be in whole dollar amount;

c) such contributions will not reduce the amount of state tax owed by

an individual;

d) specifies that the commissioner of taxation and finance provide
space on the personal income tax return in order that the taxpayer
may make a contribution;

e) such contributions shall be credited to the fund and used only for
those aforementioned purposes.

Specific provisions for the establishment of this fund are as follows:

a) the fund shall be established in the joint custody of the
commissioner of taxation and finance and the comptroller;

b) maintains that the fund shall consist of all revenues received by
the department of taxation and finance under section 626 of the tax
law and all other moneys appropriated, credited or transferred from
any other fund or source;

c) specifies that all money in the controlled substance treatment,
prevention and enforcement fund be kept separate from other moneys in
the custody of the commissioner of taxation and finance and the
comptroller;

d) specifies that such money in the fund be utilized only for the
purpose of providing substance abuse treatment and prevention
services, and for the enforcement of laws governing the unlawful use,
possession, sale, manufacture, dispensing or distribution of a
controlled substance or drug parapheralia;


e) requires all payments to the fund be made by the department
of taxation and finance after audit and warrant of the comptroller on
vouchers approved by such commissions.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
The tax law is amended by adding a new section 626, which will allow
taxpayers to make a contribution to the controlled substance
treatment, prevention and enforcement fund. Also the state finance
law is amended by adding a new section 89-B which will establish a
special fund to be known as the "controlled substance treatment,
prevention and enforcement fund".

JUSTIFICATION:
In order that we may fight substance abuse, a detrimental and
fast-growing problem in today's society, we must enlist the aid of
the people.
This is a social problem that affects us all. Substance abuse
heightens other societal problems such as crime, thus destroying the
sense of community we have all built, and hope to maintain. The
controlled substance treatment, prevention and enforcement fund will
allow taxpayers to help in this on going battle by providing them
with the opportunity to donate monies on their personal tax form.
These monies will not only go to treatment for individuals, but
prevention programs and enforcement of laws in relation to the
different aspects of drug use;
thereby impacting on all communities of New York State.

This program will allow the state to strengthen its commitment in its
tight against drugs by utilizing the vast resources of its people. By
putting to use space on the personal income tax form the state will
be able to reach a wide range of people. This is advantageous in that
it
provides convenience to those who would like to contribute to combat
the "war on drugs". We in New York State are a family, and we must
recognize that each of us is an integral pari of the family unit. For
we are our brother's keeper.

PRIOR LEGISLATIVE HISTORY:
S.1903 of 2007
01/29/07 Referred to Investigations & Government Operations
S.194 of 2009
01/07/09 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
01/06/10 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect on the thirty-first day of December in the
year in which it shall have become a law and shall apply to taxable
years beginning after such date.

2011-S1698 - Bill Text download pdf

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

                                  1698

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 11, 2011
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the tax law and the state finance law,  in  relation  to
  establishing   the  controlled  substance  treatment,  prevention  and
  enforcement fund and permitting contributions to such fund to be  made
  on personal income tax returns

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The tax law is amended by adding a new section 623 to  read
as follows:
  S  623.  GIFT  FOR  CONTROLLED  SUBSTANCE  TREATMENT,  PREVENTION  AND
ENFORCEMENT. EFFECTIVE FOR ANY TAX YEAR COMMENCING ON OR  AFTER  JANUARY
FIRST,  TWO THOUSAND TWELVE, AN INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT
TO CONTRIBUTE TO THE  CONTROLLED  SUBSTANCE  TREATMENT,  PREVENTION  AND
ENFORCEMENT  FUND  FOR  SUBSTANCE  ABUSE  TREATMENT  AND  PREVENTION AND
ENFORCEMENT OF LAWS GOVERNING THE UNLAWFUL USE, POSSESSION, SALE,  MANU-
FACTURE,  DISPENSING  OR  DISTRIBUTION OF A CONTROLLED SUBSTANCE, AS SET
FORTH IN SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH  LAW,  OR
DRUG  PARAPHERNALIA.  SUCH  CONTRIBUTION  SHALL  BE  IN ANY WHOLE DOLLAR
AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY  SUCH  INDI-
VIDUAL.  THE COMMISSIONER SHALL INCLUDE SPACE ON THE PERSONAL INCOME TAX
RETURN TO ENABLE A TAXPAYER TO MAKE SUCH  CONTRIBUTION.  NOTWITHSTANDING
ANY  OTHER  PROVISION  OF  LAW  ALL  REVENUES COLLECTED PURSUANT TO THIS
SECTION  SHALL  BE  CREDITED  TO  THE  CONTROLLED  SUBSTANCE  TREATMENT,
PREVENTION AND ENFORCEMENT FUND AND USED ONLY FOR THOSE PURPOSES ENUMER-
ATED IN SECTION EIGHTY-NINE-H OF THE STATE FINANCE LAW.
  S  2. The state finance law is amended by adding a new section 89-h to
read as follows:
  S 89-H. CONTROLLED SUBSTANCE  TREATMENT,  PREVENTION  AND  ENFORCEMENT
FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMIS-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06013-01-1

S. 1698                             2

SIONER OF TAXATION AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE
KNOWN AS THE "CONTROLLED SUBSTANCE TREATMENT, PREVENTION AND ENFORCEMENT
FUND".
  2.  SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
OF TAXATION AND FINANCE, PURSUANT  TO  THE  PROVISIONS  OF  SECTION  SIX
HUNDRED  TWENTY-THREE  OF THE TAX LAW AND ALL OTHER MONEYS APPROPRIATED,
CREDITED, OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE  PURSUANT
TO LAW.
  3.  MONEYS  IN  THE  CONTROLLED  SUBSTANCE  TREATMENT,  PREVENTION AND
ENFORCEMENT FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE COMMINGLED WITH
ANY OTHER MONEYS IN THE CUSTODY OF  THE  COMMISSIONER  OF  TAXATION  AND
FINANCE AND THE COMPTROLLER.
  4.  THE MONEYS IN SUCH FUND SHALL BE EXPENDED ONLY FOR THE PURPOSES OF
PROVIDING SUBSTANCE ABUSE TREATMENT AND PREVENTION SERVICES AND FOR  THE
ENFORCEMENT  OF LAWS GOVERNING THE UNLAWFUL USE, POSSESSION, SALE, MANU-
FACTURE, DISPENSING OR DISTRIBUTION OF A CONTROLLED  SUBSTANCE,  AS  SET
FORTH  IN  SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW, OR
DRUG PARAPHERNALIA.
  5. ALL PAYMENTS FROM SUCH FUND SHALL BE  MADE  BY  THE  DEPARTMENT  OF
TAXATION  AND  FINANCE  AFTER  AUDIT  AND  WARRANT OF THE COMPTROLLER ON
VOUCHERS APPROVED BY THE COMMISSIONER OF TAXATION AND FINANCE.
  S 3. This act shall take effect on the thirty-first day of December in
the year in which it shall have become a law and shall apply to  taxable
years beginning after such date, provided, however, that effective imme-
diately,  all  actions  and  procedures  with  respect  to  the proposed
adoption, amendment, suspension or repeal  of  any  rule  or  regulation
necessary  to  the  timely  implementation  of this act are directed and
authorized.

co-Sponsors

2011-S1698A (ACTIVE) - Details

Current Committee:: Senate Alcoholism And Drug Abuse
Law Section:: Tax Law
Laws Affected:: Add §623, Tax L; add §89-h, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S194
2013-2014: S524
2015-2016: S4010

2011-S1698A (ACTIVE) - Summary

2011-S1698A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1698A

TITLE OF BILL:
An act
to amend the tax law and the state finance law, in relation to
establishing the controlled substance treatment, prevention and
enforcement fund and permitting contributions to such fund to be
made on personal income tax returns

PURPOSE OR GENERAL IDEA OF BILL:
To establish the controlled substance treatment, prevention and
enforcement fund; permits contribution to such fund on income tax
return.

SUMMARY OF SPECIFIC PROVISIONS:
Specific provisions of this program effect the following:

a) provides contributions to the controlled substance treatment,
prevention and enforcement fund for substance abuse treatment and
prevention and enforcement of laws governing the unlawful use,
possession, sale, manufacture, dispensing or distribution of a
controlled substance;

b) requires such contributions to be in whole dollar amount;

c) such contributions will not reduce the amount of state tax owed by

an individual;

d) specifies that the commissioner of taxation and finance provide
space on the personal income tax return in order that the taxpayer
may make a contribution;

e) such contributions shall be credited to the fund and used only for
those aforementioned purposes.

Specific provisions for the establishment of this fund are as follows:

a) the fund shall be established in the joint custody of the
commissioner of taxation and finance and the comptroller;

b) maintains that the fund shall consist of all revenues received by
the department of taxation and finance under section 626 of the tax
law and all other moneys appropriated, credited or transferred from
any other fund or source;

c) specifies that all money in the controlled substance treatment,
prevention and enforcement fund be kept separate from other moneys in
the custody of the commissioner of taxation and finance and the
comptroller;

d) specifies that such money in the fund be utilized only for the
purpose of providing substance abuse treatment and prevention
services, and for the enforcement of laws governing the unlawful use,
possession, sale, manufacturer dispensing or distribution of a
controlled substance or drug paraphernalia;


e) requires all payments to the fund be made by the department of
taxation and finance after audit and warrant of the comptroller on
vouchers approved by such commissions.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
The tax law is amended by adding a new section 626, which will allow
taxpayers to make a contribution to the controlled substance
treatment, prevention and enforcement fund. Also the state finance
law is amended by adding a new section 89-B which will establish a
special fund to be known as the "controlled substance treatment,
prevention and enforcement fund".

JUSTIFICATION:
In order that we may fight substance abuser a detrimental and
fast-growing problem in today's society, we must enlist the aid of
the people.
This is a social problem that affects us all. Substance abuse
heightens other societal problems such as crime, thus destroying the
sense of community we have all built, and hope to maintain. The
controlled substance treatment, prevention and enforcement fund will
allow taxpayers to help in this on going battle by providing them
with. the opportunity to donate monies on their personal tax form.
These monies will not only go to treatment for individuals, but
prevention programs and enforcement of laws in relation to the
different aspects of drug use;
thereby impacting on all communities of New York State.

This program will allow the state to strengthen its commitment in its
fight against drugs by utilizing the vast resources of its people. By
putting to use space on the personal income tax form the state will
be able to reach a wide range of people. This is advantageous in that
it provides convenience to those who would like to contribute to
combat the "war on drugs". We in New York State are a family, and we
must recognize that each of us is an integral part of the family
unit. For we are our brother's keeper.

PRIOR LEGISLATIVE HISTORY:
S.1903 of 2007
01/29/07 Referred to Investigations & Government operations

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect on the thirty-first day of December in the
year in which it shall have become a law and shall apply to taxable
years beginning after such date.

2011-S1698A (ACTIVE) - Bill Text download pdf

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

                                 1698--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 11, 2011
                               ___________

Introduced  by  Sens. SAMPSON, PARKER -- read twice and ordered printed,
  and when printed to be committed to the  Committee  on  Investigations
  and  Government Operations -- recommitted to the Committee on Alcohol-
  ism and Drug Abuse in accordance with Senate Rule 6, sec. 8 -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN  ACT  to  amend the tax law and the state finance law, in relation to
  establishing  the  controlled  substance  treatment,  prevention   and
  enforcement  fund and permitting contributions to such fund to be made
  on personal income tax returns

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The tax law is amended by adding a new section 623 to read
as follows:
  S  623.  GIFT  FOR  CONTROLLED  SUBSTANCE  TREATMENT,  PREVENTION  AND
ENFORCEMENT.  EFFECTIVE  FOR ANY TAX YEAR COMMENCING ON OR AFTER JANUARY
FIRST, TWO THOUSAND THIRTEEN, AN INDIVIDUAL  IN  ANY  TAXABLE  YEAR  MAY
ELECT  TO  CONTRIBUTE  TO THE CONTROLLED SUBSTANCE TREATMENT, PREVENTION
AND ENFORCEMENT FUND FOR SUBSTANCE ABUSE TREATMENT  AND  PREVENTION  AND
ENFORCEMENT  OF LAWS GOVERNING THE UNLAWFUL USE, POSSESSION, SALE, MANU-
FACTURE, DISPENSING OR DISTRIBUTION OF A CONTROLLED  SUBSTANCE,  AS  SET
FORTH  IN  SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW, OR
DRUG PARAPHERNALIA. SUCH CONTRIBUTION  SHALL  BE  IN  ANY  WHOLE  DOLLAR
AMOUNT  AND  SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY SUCH INDI-
VIDUAL. THE COMMISSIONER SHALL INCLUDE SPACE ON THE PERSONAL INCOME  TAX
RETURN  TO  ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITHSTANDING
ANY OTHER PROVISION OF LAW  ALL  REVENUES  COLLECTED  PURSUANT  TO  THIS
SECTION  SHALL  BE  CREDITED  TO  THE  CONTROLLED  SUBSTANCE  TREATMENT,
PREVENTION AND ENFORCEMENT FUND AND USED ONLY FOR THOSE PURPOSES ENUMER-
ATED IN SECTION EIGHTY-NINE-H OF THE STATE FINANCE LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06013-02-2

S. 1698--A                          2

  S 2. The state finance law is amended by adding a new section 89-h  to
read as follows:
  S  89-H.  CONTROLLED  SUBSTANCE  TREATMENT, PREVENTION AND ENFORCEMENT
FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMIS-
SIONER OF TAXATION AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE
KNOWN AS THE "CONTROLLED SUBSTANCE TREATMENT, PREVENTION AND ENFORCEMENT
FUND".
  2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE  DEPARTMENT
OF  TAXATION  AND  FINANCE,  PURSUANT  TO  THE PROVISIONS OF SECTION SIX
HUNDRED TWENTY-THREE OF THE TAX LAW AND ALL OTHER  MONEYS  APPROPRIATED,
CREDITED,  OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT
TO LAW.
  3. MONEYS  IN  THE  CONTROLLED  SUBSTANCE  TREATMENT,  PREVENTION  AND
ENFORCEMENT FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE COMMINGLED WITH
ANY  OTHER  MONEYS  IN  THE  CUSTODY OF THE COMMISSIONER OF TAXATION AND
FINANCE AND THE COMPTROLLER.
  4. THE MONEYS IN SUCH FUND SHALL BE EXPENDED ONLY FOR THE PURPOSES  OF
PROVIDING  SUBSTANCE ABUSE TREATMENT AND PREVENTION SERVICES AND FOR THE
ENFORCEMENT OF LAWS GOVERNING THE UNLAWFUL USE, POSSESSION, SALE,  MANU-
FACTURE,  DISPENSING  OR  DISTRIBUTION OF A CONTROLLED SUBSTANCE, AS SET
FORTH IN SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH  LAW,  OR
DRUG PARAPHERNALIA.
  5.  ALL  PAYMENTS  FROM  SUCH  FUND SHALL BE MADE BY THE DEPARTMENT OF
TAXATION AND FINANCE AFTER AUDIT  AND  WARRANT  OF  THE  COMPTROLLER  ON
VOUCHERS APPROVED BY THE COMMISSIONER OF TAXATION AND FINANCE.
  S 3. This act shall take effect on the thirty-first day of December in
the  year in which it shall have become a law and shall apply to taxable
years beginning after such date, provided, however, that effective imme-
diately, all  actions  and  procedures  with  respect  to  the  proposed
adoption,  amendment,  suspension  or  repeal  of any rule or regulation
necessary to the timely implementation of  this  act  are  directed  and
authorized.

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Senate Bill S1698A

Sponsored By

Archive: Last Bill Status - In Senate Committee Alcoholism And Drug Abuse Committee

Actions

Bill Amendments

co-Sponsors

2011-S1698 - Details

2011-S1698 - Summary

2011-S1698 - Sponsor Memo

2011-S1698 - Bill Text download pdf

co-Sponsors

2011-S1698A (ACTIVE) - Details

2011-S1698A (ACTIVE) - Summary

2011-S1698A (ACTIVE) - Sponsor Memo

2011-S1698A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

John L. Sampson

Archive: Last Bill Status - In Senate Committee Alcoholism And Drug Abuse Committee

Actions

Bill Amendments

co-Sponsors

Kevin S. Parker

2011-S1698 - Details

2011-S1698 - Summary

2011-S1698 - Sponsor Memo

2011-S1698 - Bill Text download pdf

co-Sponsors

Kevin S. Parker

2011-S1698A (ACTIVE) - Details

2011-S1698A (ACTIVE) - Summary

2011-S1698A (ACTIVE) - Sponsor Memo

2011-S1698A (ACTIVE) - Bill Text download pdf

Comments