Assembly Bill A1926

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1926
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 18, 2019
                                ___________
 
 Introduced  by M. of A. LENTOL, RIVERA -- Multi-Sponsored by -- M. of A.
   CAHILL -- 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
 SERVICES, AND A COPY OF SUCH CERTIFICATE FILED WITH THE COMPTROLLER, THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04549-01-9

 A. 1926                             2
 
 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.