Assembly Bill A2836

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2836
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by M. of A. LENTOL, RIVERA -- Multi-Sponsored by -- M. of A.
   CAHILL, 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:
   § 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.
              

                                                            LBD03418-01-7

 A. 2836                             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.
   §  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.
   §  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.