Assembly Bill A1384

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

                                  1384

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by M. of A. LENTOL, RIVERA -- Multi-Sponsored by -- M. of A.
  CAHILL, MARKEY, PEOPLES-STOKES  --  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, 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-
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01463-01-5
              

A. 1384                             2

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.