S T A T E O F N E W Y O R K
________________________________________________________________________
3488--A
2013-2014 Regular Sessions
I N A S S E M B L Y
January 28, 2013
___________
Introduced by M. of A. LENTOL, RIVERA -- Multi-Sponsored by -- M. of A.
CAHILL, MARKEY, PEOPLES-STOKES, WEISENBERG -- read once and referred
to the Committee on Ways and Means -- recommitted to the Committee on
Ways and Means in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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, ALL
MONEYS APPROPRIATED FOR THE PURPOSE OF SUCH FUND, ALL MONEYS TRANSFERRED
TO SUCH FUND PURSUANT TO LAW, CONTRIBUTIONS CONSISTING 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 ASSISTANCE 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.
4. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL OR SPECIAL LAW, NO
MONEYS SHALL BE AVAILABLE FROM THIS FUND UNTIL A CERTIFICATE OF ALLO-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04471-02-4
A. 3488--A 2
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.