S T A T E O F N E W Y O R K
________________________________________________________________________
6349--A
2019-2020 Regular Sessions
I N A S S E M B L Y
March 6, 2019
___________
Introduced by M. of A. DenDEKKER, PICHARDO, EPSTEIN, M. G. MILLER,
ARROYO, ROMEO, MOSLEY, DINOWITZ, D'URSO, SIMON, JAFFEE, REILLY, HEVE-
SI, ORTIZ, ASHBY, SALKA -- Multi-Sponsored by -- M. of A. COOK -- read
once and referred to the Committee on Ways and Means -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the tax law and the state finance law, in relation to
enacting the addiction prevention and recovery act of 2019
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "addiction
prevention and recovery act of 2019".
§ 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 1 of
section 424 of the tax law, paragraphs (a), (b), (c) and (d) as amended
by section 1 of part X-1 of chapter 57 of the laws of 2009, paragraph
(e) as amended by chapter 190 of the laws of 1990 and paragraph (f) as
amended by chapter 508 of the laws of 1993, are amended and a new para-
graph (h) is added to read as follows:
(a) [Fourteen] TWENTY-EIGHT cents per gallon upon beers;
(b) [Thirty] SIXTY cents per gallon upon still wines, except cider
containing more than three and two-tenths per centum of alcohol by
volume, upon which the tax shall be [three] SEVEN and [seventy-nine]
FIFTY-EIGHT hundredths cents per gallon;
(c) [Thirty] SIXTY cents per gallon upon artificially carbonated spar-
kling wines, except artificially carbonated sparkling cider containing
more than three and two-tenths per centum of alcohol by volume, upon
which the tax shall be [three] SEVEN and [seventy-nine] FIFTY-EIGHT
hundredths cents per gallon;
(d) [Thirty] SIXTY cents per gallon upon natural sparkling wines,
except natural sparkling cider containing more than three and two-tenths
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09347-04-9
A. 6349--A 2
per centum of alcohol by volume, upon which the tax shall be [three]
SEVEN and [seventy-nine] FIFTY-EIGHT hundredths cents per gallon;
(e) [Sixty-seven] ONE DOLLAR AND THIRTY-FOUR cents per liter upon
liquors containing not more than twenty-four per centum of alcohol by
volume except liquors containing not more than two per centum of alcohol
by volume, upon which the tax shall be [one cent] TWO CENTS per liter;
and
(f) [One dollar] THREE DOLLARS and [seventy] FORTY cents per liter
upon all other liquors; when sold or used within this state, except when
sold or used under such circumstances that this state is without power
to impose such tax or when sold to the United States and except beers
when sold to or by a voluntary unincorporated organization of the armed
forces of the United States operating a place for the sale of goods
pursuant to regulations promulgated by the appropriate executive agency
of the United States, to the extent provided in such regulations, direc-
tives and policy statements of such an agency applicable to such sales,
and except when sold to professional foreign consuls-general, consuls
and vice-consuls who are nationals of the state appointing them and who
are assigned to foreign consulates in this state, provided that American
consular officers of equal rank who are citizens of the United States
and who exercise their official functions at American consulates in such
foreign country are granted reciprocal exemptions; provided, however,
that the commissioner may permit the sale of alcohol without tax to a
holder of any industrial alcohol permit, alcohol permit or alcohol
distributor's permit, issued by the state liquor authority, and by the
holder of an alcohol distributor's permit, class A, issued by such
authority to a holder of a distiller's license, class B, or a winery
license, issued by such authority and may also permit the use of alcohol
for any purpose other than the production of alcoholic beverages by such
holders without tax; provided also that the commissioner may permit the
sale of cider without tax by a holder of a cider producer's license
issued by the state liquor authority to a holder of a cider producer's
license or a cider wholesaler's license issued by such authority.
(H) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, HALF OF ALL
TAXES, INTEREST, PENALTIES AND FEES COLLECTED OR RECEIVED BY THE COMMIS-
SIONER FROM EACH GALLON OF BEER, STILL WINE, CIDER, ARTIFICIALLY CARBO-
NATED SPARKLING WINES, ARTIFICIALLY CARBONATED SPARKLING CIDER, NATURAL
SPARKLING WINES, NATURAL SPARKLING CIDER AND FROM EACH LITER OF LIQUOR
UNDER PARAGRAPHS (A) THROUGH (F) OF THIS SUBDIVISION SHALL BE ALLOCATED
TO THE ALCOHOL AND SUBSTANCE ABUSE ADDICTION PREVENTION AND RECOVERY
FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-FF OF THE STATE FINANCE
LAW.
§ 3. The state finance law is amended by adding a new section 99-ff to
read as follows:
§ 99-FF. ALCOHOL AND SUBSTANCE ABUSE ADDICTION PREVENTION AND RECOVERY
FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMP-
TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO
BE KNOWN AS THE "ALCOHOL AND SUBSTANCE ABUSE ADDICTION PREVENTION AND
RECOVERY FUND".
2. (A) SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPART-
MENT OF TAXATION AND FINANCE, PURSUANT TO THE PROVISIONS OF PARAGRAPH
(H) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWENTY-FOUR OF THE TAX
LAW, AND ALL OTHER MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO
FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS
SECTION SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS
A. 6349--A 3
FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING
THEM INTO THE FUND ACCORDING TO LAW.
(B) MONIES EXPENDED FROM SUCH FUND SHALL BE USED TO SUPPLEMENT AND NOT
SUPPLANT ANY OTHER FUNDS WHICH WOULD OTHERWISE HAVE BEEN EXPENDED FOR
ALCOHOL AND SUBSTANCE ABUSE ADDICTION PREVENTION OR RECOVERY. ALL SUCH
FUNDS SHALL BE USED TO IMPROVE ALCOHOL AND SUBSTANCE ABUSE ADDICTION
PREVENTION AND RECOVERY SERVICES IN THE STATE. NOTHING IN THIS PARAGRAPH
SHALL PRECLUDE THE STATE FROM DECREASING FUNDS AS LONG AS THE STATE
DEMONSTRATES TO THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
THAT THE QUALITY OF SERVICES HAS BEEN MAINTAINED OR ENHANCED NOTWITH-
STANDING THE USE OF STATE FUNDS.
3. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR ALCOHOL AND SUBSTANCE
ABUSE ADDICTION PREVENTION AND RECOVERY. AS USED IN THIS SECTION, "ALCO-
HOL AND SUBSTANCE ABUSE ADDICTION PREVENTION AND RECOVERY" SHALL INCLUDE
EDUCATIONAL PROJECTS, INCLUDING GRANTS FOR ALCOHOL AND SUBSTANCE ABUSE
ADDICTION EDUCATION AND PREVENTION PROGRAMS, AND ALCOHOL AND SUBSTANCE
ABUSE ADDICTION RECOVERY SERVICES AND PROGRAMS WHICH ARE APPROVED BY THE
DEPARTMENT OF HEALTH.
4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, PROVIDED
HOWEVER THAT FIFTY PERCENT OF THE FUNDS SHALL BE EXPENDED ON ALCOHOL AND
SUBSTANCE ABUSE ADDICTION PREVENTION AND FIFTY PERCENT OF THE FUNDS
SHALL BE EXPENDED ON ALCOHOL AND SUBSTANCE ABUSE ADDICTION RECOVERY
SERVICES AND PROGRAMS.
5. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF THE OFFICE OF ALCO-
HOLISM AND SUBSTANCE ABUSE SERVICES SHALL ENSURE THAT ALL MONIES
RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO THE END OF THE
FISCAL YEAR.
6. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSIONER
OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES SHALL PROVIDE A
WRITTEN REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE
ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE, CHAIR OF THE ASSEMBLY
WAYS AND MEANS COMMITTEE, CHAIR OF THE SENATE COMMITTEE ON HEALTH, CHAIR
OF THE ASSEMBLY HEALTH COMMITTEE, THE STATE COMPTROLLER AND THE PUBLIC.
SUCH REPORT SHALL INCLUDE HOW THE MONIES OF THE FUND WERE UTILIZED
DURING THE PRECEDING CALENDAR YEAR, AND SHALL INCLUDE:
(A) THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD PROCESS
USED FOR SUCH DISBURSEMENTS;
(B) RECIPIENTS OF AWARDS FROM THE FUND;
(C) THE AMOUNT AWARDED TO EACH;
(D) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
(E) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM THE PRIOR FISCAL
YEAR.
§ 4. This act shall take effect April 1, 2020. Effective immediately,
any rules or regulations necessary to implement the provisions of this
act may be promulgated and any procedures, forms, or instructions neces-
sary for such implementation may be adopted and issued on or after the
date this act shall have become a law. The commissioners of taxation and
finance and the office of alcoholism and substance abuse services may
take any steps necessary to implement this act prior to its effective
date.