Bill Text: NY S07209 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes a municipal epinephrine bulk purchase program to enable municipalities to make bulk purchases of epinephrine for use by municipal first responder agencies and elementary and secondary schools in such municipality and provides for taxpayer gifts thereto.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-10 - REFERRED TO HEALTH [S07209 Detail]

Download: New_York-2019-S07209-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7209

                    IN SENATE

                                    January 10, 2020
                                       ___________

        Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health

        AN ACT to amend the public health law, in  relation  to  establishing  a
          municipal  epinephrine bulk purchase program; and to amend the tax law
          and the state finance law, in relation to establishing  the  municipal
          epinephrine bulk purchase fund and providing for taxpayer gifts there-
          to

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 206 of the public health law is amended by adding a
     2  new subdivision 31 to read as follows:
     3    31. The commissioner is authorized to approve and implement a  munici-
     4  pal  epinephrine bulk purchase program designed to assist municipalities
     5  to make bulk purchases of epinephrine for use by municipal first respon-
     6  der agencies and elementary and secondary schools in such  municipality.
     7  The  commissioner  may  establish  rules  and  regulations pertaining to
     8  assisting  municipalities  with  the  purchasing  and  distribution   of
     9  epinephrine by municipalities.
    10    §  2.  The tax law is amended by adding a new section 209-N to read as
    11  follows:
    12    § 209-N. Gift for municipal epinephrine bulk purchases. A taxpayer  in
    13  any taxable year may elect to contribute to the support of the municipal
    14  epinephrine  bulk purchase fund. Such contribution shall be in any whole
    15  dollar amount and shall not reduce the amount of the state tax  owed  by
    16  such  taxpayer.  The  commissioner  shall include space on the corporate
    17  income tax return to  enable  a  taxpayer  to  make  such  contribution.
    18  Notwithstanding  any  other  provision  of  law,  all revenues collected
    19  pursuant to this section shall be credited to the municipal  epinephrine
    20  bulk  purchase fund and shall be used only for those purposes enumerated
    21  in section ninety-seven-tttt of the state finance law.
    22    § 3. The tax law is amended by adding a new section 630-h to  read  as
    23  follows:
    24    § 630-h. Gift  for municipal epinephrine bulk purchases. An individual
    25  in any taxable year may elect to contribute to the municipal epinephrine

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13927-02-0

        S. 7209                             2

     1  bulk purchase fund.   Such contribution shall be  in  any  whole  dollar
     2  amount  and  shall not reduce the amount of state tax owed by such indi-
     3  vidual. The commissioner shall include space on the personal income  tax
     4  return  to enable a taxpayer to make such contribution.  Notwithstanding
     5  any other provision of law, all  revenues  collected  pursuant  to  this
     6  section  shall  be  credited  to the municipal epinephrine bulk purchase
     7  fund and used only for those purposes enumerated in section  ninety-sev-
     8  en-tttt of the state finance law.
     9    §  4. The state finance law is amended by adding a new section 97-tttt
    10  to read as follows:
    11    § 97-tttt. Municipal epinephrine bulk purchase fund. 1. There is here-
    12  by established in the joint custody of the commissioner of taxation  and
    13  finance  and the comptroller, a special fund to be known as the "munici-
    14  pal epinephrine bulk purchase fund".
    15    2. Such fund shall consist of all revenues received by the  department
    16  of  taxation  and  finance,  pursuant  to  the provisions of section two
    17  hundred nine-N and section six hundred thirty-h of the tax law, and  all
    18  other  moneys  appropriated,  credited  or  transferred thereto from any
    19  other fund or source pursuant to law. Nothing contained in this  section
    20  shall prevent the state from receiving grants, gifts or bequests for the
    21  purposes of the fund as defined in this section and depositing them into
    22  the fund according to law.
    23    3.  Monies  of  the fund shall be expended to provide price reductions
    24  for municipalities purchasing epinephrine for municipal first  responder
    25  agencies  and elementary and secondary schools located within such muni-
    26  cipalities pursuant to the municipal epinephrine bulk  purchase  program
    27  established  by the commissioner of health pursuant to subdivision thir-
    28  ty-one of section two hundred six of the public health law.
    29    4. Monies shall be payable from the fund on the audit and  warrant  of
    30  the  comptroller  on vouchers approved and certified by the commissioner
    31  of health.
    32    5. To the extent practicable, the commissioner of health shall  ensure
    33  that  all monies received during a fiscal year are expended prior to the
    34  end of that fiscal year.
    35    6. On or before the first day of February each year, the  commissioner
    36  of  health  shall provide a written report to the temporary president of
    37  the senate, speaker of the assembly, chair of the senate finance commit-
    38  tee, chair of the assembly ways and means committee, chair of the senate
    39  committee on health, chair of the assembly health committee,  the  state
    40  comptroller  and the public. Such report shall include how the monies of
    41  the fund were utilized during the preceding  calendar  year,  and  shall
    42  include:
    43    (a)  the amount of money disbursed from the fund and the award process
    44  used for such disbursements;
    45    (b) recipients of awards from the fund;
    46    (c) the amount awarded to each recipient;
    47    (d) the purposes for which such awards were granted; and
    48    (e) a summary financial plan for such monies which shall include esti-
    49  mates of all receipts and all disbursements for the current and succeed-
    50  ing fiscal years, along with the actual results from  the  prior  fiscal
    51  year.
    52    § 5. This act shall take effect immediately.
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