2002-03 Budget – Article 7 Bill s6261: HCRA

               STATE OF NEW YORK

      ________________________________________________________________________
 
                                         6261
 
                   IN SENATE

                                   January 28, 2002
                                      ___________
 
       A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
         the Constitution -- read twice and ordered printed, and  when  printed
         to be committed to the Committee on Finance
 
       AN  ACT  to  amend the public health law, in relation to the Health Care
         Reform  Act  of  2000  funding  for  disabled  persons  and  physician
         services;  to amend the tax law, in relation to the tax on cigarettes;
         and to amend a chapter of the laws of 2002, entitled "AN ACT to  amend
         a  chapter  of  the  laws  of 2002 amending the public health law, the
         social services law and the tax law relating to the Health Care Reform
         Act of 2000, as proposed in legislative bill numbers S.  6084  and  A.
         9610,  in relation to the effectiveness of certain provisions thereof;
         and to amend the tax law, in relation to the tax  on  cigarettes",  in
         relation to making technical corrections
 
         The  People of the State of New York, represented in Senate and Assem-
       bly, do enact as follows:
 
    1    Section 1. Subdivision 1 of section 2807-v of the public health law is
    2  amended by adding a new paragraph (ii) to read as follows:
    3    (ii) Funds shall be deposited  by  the  commissioner,  within  amounts
    4  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    5  directed to receive for deposit to  the  credit  of  the  state  special
    6  revenue  funds  –  other, HCRA transfer fund, medical assistance account
    7  for the purpose of supporting the state share of  Medicaid  expenditures
    8  for  disabled  persons as authorized by sections 1619 (a) and (b) of the
    9  federal social security act pursuant to the tobacco control  and  insur-
   10  ance  initiatives  pool  established  for  the following periods and the
   11  following amounts:
   12    (i) six million four hundred thousand dollars  for  the  period  April
   13  first, two thousand two through December thirty-first, two thousand two;
   14  and
   15    (ii) four million three hundred thousand dollars, for the period Janu-
   16  ary  first,  two  thousand  three  through  June thirtieth, two thousand
   17  three.
   18    § 2. Subdivision 1 of section 2807-v  of  the  public  health  law  is
   19  amended by adding a new paragraph (dd) to read as follows:
   20    (dd)  Funds  shall  be  deposited  by the commissioner, within amounts
   21  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
   22  directed  to  receive  for  deposit  to  the credit of the state special
 
        EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12378-01-2



      S. 6261                             2



   1  revenue fund – other, HCRA transfer fund, medical assistance account for
   2  purposes of funding the state share of Medicaid expenditures for  physi-
   3  cian  services  from the tobacco control and insurance initiatives pool
   4  established for the following periods in the following amounts:
   5    (i)  up to fifty-two million dollars for the period January first, two
   6  thousand two through December thirty-first, two thousand two; and
   7    (ii) up to forty-three million dollars for the period  January  first,
   8  two thousand three through June thirtieth, two thousand three.
   9    §  3.  Section  482 of the tax law, as amended by a chapter of laws of
  10  2002, entitled "AN ACT to amend a chapter of the laws of  2002  amending
  11  the  public health law, the social services law and the tax law relating
  12  to the Health Care Reform Act of 2000, as proposed in  legislative  bill
  13  numbers S. 6084 and A. 9610, in relation to the effectiveness of certain
  14  provisions  thereof; and to amend the tax law, in relation to the tax on
  15  cigarettes" is amended to read as follows:
  16    § 482. Deposit and disposition of revenue. All taxes,  fees,  interest
  17  and penalties collected or received by the commissioner under this arti-
  18  cle and article twenty-A of this chapter shall be deposited and disposed
  19  of  pursuant  to  the provisions of section one hundred seventy-one-a of
  20  this chapter. From the taxes and interest  and penalties  collected  or
  21  received by the commissioner under sections four hundred seventy-one and
  22  four hundred seventy-one-a of this article, effective on and after March
  23  first,  two  thousand, forty-nine and fifty-five hundredths percent; and
  24  effective on and after February first, two  thousand two,  [forty-three
  25  and  seventy] fifty-five and forty hundredths percent; [and effective on
  26  and after  June first,  two  thousand  two,  sixty-one  and  sixty-five
  27  hundredths  percent;] and effective on and after April first, two thou-
  28  sand [three] two, sixty-one and twenty-two hundredths percent  collected
  29  or  received under such sections shall be deposited to the credit of the
  30  tobacco control and insurance initiatives pool  to be  established  and
  31  distributed  by  the  commissioner  of health in accordance with section
  32  twenty-eight hundred seven-v of the public health law.
  33    § 4. Subparagraphs (iii) and (iv) of paragraph (n) of subdivision 1 of
  34  section 2807-v of the public health law, as amended by a chapter of laws
  35  of 2002, amending the public health law, the social services law and the
  36  tax law relating to the Health Care Reform Act of 2000, as  proposed  in
  37  legislative  bill  numbers  S.  6084 and A. 9610, are amended to read as
  38  follows:
  39    (iii) three hundred [seven] twenty-two million seven hundred  thousand
  40  dollars  for the period January first, two thousand two through December
  41  thirty-first, two thousand two; and
  42    (iv) two hundred [seven] sixteen million dollars for the period  Janu-
  43  ary  first,  two  thousand  three  through  June thirtieth, two thousand
  44  three.
  45    § 5. This act shall take effect  immediately; provided  that  section
  46  three of this act shall take effect on the same date as a chapter of the
  47  laws  of  2002,  entitled "AN ACT to amend a chapter of the laws of 2002
  48  amending the public health law, the social services law and the tax  law
  49  relating  to the Health Care Reform Act of 2000, as proposed in legisla-
  50  tive bill numbers S. 6084 and A. 9610, in relation to the  effectiveness
  51  of  certain provisions thereof; and to amend the tax law, in relation to
  52  the tax on cigarettes"; and provided that sections 4 of this  act  shall
  53  take  effect  on the same date as a chapter of laws of 2002 amending the
  54  public health law, the social services law and the tax law  relating  to
  55  the  Health  Care  Reform  Act  of 2000, as proposed in legislative bill
  56  numbers S. 6084 and A. 9610, takes effect.


Memorandum in Support