Senate Bill S1117

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1117
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced  by  Sens. AMEDORE, AKSHAR -- read twice and ordered printed,
   and when printed to be committed to the  Committee  on  Investigations
   and Government Operations
 
 AN  ACT  to  amend  the  tax  law, in relation to authorizing a gift for
   substance use disorder education and recovery on personal  income  tax
   returns;  to  amend the state finance law, in relation to establishing
   the substance use disorder education and recovery fund; and  to  amend
   the  mental hygiene law, in relation to providing grants for substance
   use disorder education and recovery
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  tax  law is amended by adding a new section 629-b to
 read as follows:
   § 629-B. GIFT FOR  SUBSTANCE  USE  DISORDER  EDUCATION  AND  RECOVERY.
 EFFECTIVE  FOR  ANY  TAX  YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO
 THOUSAND NINETEEN, AN INDIVIDUAL  IN  ANY  TAXABLE  YEAR  MAY  ELECT  TO
 CONTRIBUTE  TO  THE  SUBSTANCE USE DISORDER EDUCATION AND RECOVERY FUND.
 SUCH CONTRIBUTION SHALL BE IN ANY WHOLE  DOLLAR  AMOUNT  AND  SHALL  NOT
 REDUCE THE AMOUNT OF STATE TAX OWED BY SUCH INDIVIDUAL.  THE COMMISSION-
 ER  SHALL  INCLUDE  SPACE  ON THE PERSONAL INCOME TAX RETURN TO ENABLE A
 TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER  PROVISION
 OF LAW ALL REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED
 TO  THE SUBSTANCE USE DISORDER EDUCATION AND RECOVERY FUND AND USED ONLY
 FOR THOSE PURPOSES ENUMERATED IN  SECTION  EIGHTY-NINE-J  OF  THE  STATE
 FINANCE LAW.
   §  2. The state finance law is amended by adding a new section 89-j to
 read as follows:
   § 89-J. SUBSTANCE USE DISORDER EDUCATION AND RECOVERY FUND.  1.  THERE
 IS  HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXA-
 TION AND FINANCE AND THE STATE COMPTROLLER, A SPECIAL FUND TO  BE  KNOWN
 AS THE "SUBSTANCE USE DISORDER EDUCATION AND RECOVERY FUND".
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01223-02-9

 S. 1117                             2
 
   2.  SUCH  FUND  SHALL CONSIST OF ALL REVENUES RECEIVED PURSUANT TO THE
 PROVISIONS OF SECTION SIX HUNDRED TWENTY-NINE-B  OF  THE  TAX  LAW,  ALL
 REVENUES RECEIVED PURSUANT TO APPROPRIATIONS BY THE LEGISLATURE, AND ALL
 MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND
 OR  SOURCE  PURSUANT TO LAW. NO MONEYS CREDITED TO SUCH FUND PURSUANT TO
 SECTION SIX HUNDRED TWENTY-NINE-B OF THE TAX  LAW  SHALL  BE  DEEMED  TO
 AUTHORIZE  THE  REDUCTION OF THE AMOUNT OF MONIES OTHERWISE APPROPRIATED
 BY THE STATE FOR THE PURPOSE OF SUBSTANCE  USE  DISORDER  EDUCATION  AND
 RECOVERY.
   3.  THE  MONIES  OF  THE FUND SHALL BE MADE AVAILABLE TO THE OFFICE OF
 ALCOHOLISM AND SUBSTANCE ABUSE SERVICES FOR  THE  PURPOSE  OF  PROVIDING
 GRANTS  TO  ORGANIZATIONS  DEDICATED TO PROVIDING EDUCATION, PREVENTION,
 TREATMENT OR RECOVERY TO THOSE SUFFERING FROM  SUBSTANCE  USE  DISORDERS
 PURSUANT TO SECTION 19.45 OF THE MENTAL HYGIENE LAW.
   4.  THE  MONIES OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT
 OF THE STATE COMPTROLLER  ON  VOUCHERS  CERTIFIED  OR  APPROVED  BY  THE
 COMMISSIONER  OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, OR BY AN OFFI-
 CER OR EMPLOYEE OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
 DESIGNATED BY SUCH COMMISSIONER.
   § 3. The mental hygiene law is amended by adding a new  section  19.45
 to read as follows:
 § 19.45 SUBSTANCE USE DISORDER EDUCATION AND RECOVERY GRANTS.
   (A)  THE  OFFICE  SHALL DEVELOP AND IMPLEMENT A PROGRAM WHICH PROVIDES
 GRANTS TO ORGANIZATIONS ENGAGED IN ACTIVITIES  WHICH  ARE  DEDICATED  TO
 PROVIDING  EDUCATION, PREVENTION, TREATMENT OR RECOVERY TO THOSE SUFFER-
 ING FROM SUBSTANCE USE DISORDERS.
   (B) ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE STATE  COMP-
 TROLLER  SHALL  CERTIFY  TO  THE  GOVERNOR,  TEMPORARY  PRESIDENT OF THE
 SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE  FINANCE  COMMITTEE
 AND  CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE AMOUNT OF MONEY
 DEPOSITED IN THE SUBSTANCE USE DISORDER  EDUCATION  AND  RECOVERY  FUND,
 ESTABLISHED  PURSUANT TO SECTION EIGHTY-NINE-J OF THE STATE FINANCE LAW,
 DURING THE PRECEDING CALENDAR YEAR AS  THE  RESULT  OF  REVENUE  DERIVED
 PURSUANT TO SECTION SIX HUNDRED TWENTY-NINE-B OF THE TAX LAW.
   (C) ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSIONER
 OF  ALCOHOLISM  AND  SUBSTANCE  ABUSE  SERVICES  SHALL PROVIDE A WRITTEN
 REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF  THE  ASSEM-
 BLY,  CHAIR  OF THE SENATE FINANCE COMMITTEE, CHAIR OF THE ASSEMBLY WAYS
 AND MEANS COMMITTEE, CHAIR OF THE SENATE COMMITTEE ON MENTAL HEALTH  AND
 DEVELOPMENTAL  DISABILITIES,  AND  CHAIR  OF  THE ASSEMBLY MENTAL HEALTH
 COMMITTEE. SUCH REPORT SHALL INCLUDE HOW THE MONIES OF THE SUBSTANCE USE
 DISORDER EDUCATION AND RECOVERY  FUND WERE UTILIZED DURING THE  PROCEED-
 ING CALENDAR YEAR AND SHALL INCLUDE:
   (1) THE AMOUNT OF MONEY DISPERSED FROM THE FUND;
   (2) RECIPIENTS OF AWARDS FROM THE FUND;
   (3) THE AMOUNT AWARDED TO EACH RECIPIENT; AND
   (4) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED.
   § 4. This act shall take effect immediately.