S T A T E O F N E W Y O R K
________________________________________________________________________
7475
2021-2022 Regular Sessions
I N A S S E M B L Y
May 10, 2021
___________
Introduced by M. of A. CRUZ -- read once and referred to the Committee
on Local Governments
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:
Section 1. Section 206 of the public health law is amended by adding a
new subdivision 31 to read as follows:
31. THE COMMISSIONER IS AUTHORIZED TO APPROVE AND IMPLEMENT A MUNICI-
PAL EPINEPHRINE BULK PURCHASE PROGRAM DESIGNED TO ASSIST MUNICIPALITIES
TO MAKE BULK PURCHASES OF EPINEPHRINE FOR USE BY MUNICIPAL FIRST RESPON-
DER AGENCIES AND ELEMENTARY AND SECONDARY SCHOOLS IN SUCH MUNICIPALITY.
THE COMMISSIONER MAY ESTABLISH RULES AND REGULATIONS PERTAINING TO
ASSISTING MUNICIPALITIES WITH THE PURCHASING AND DISTRIBUTION OF
EPINEPHRINE BY MUNICIPALITIES.
§ 2. The tax law is amended by adding a new section 209-N to read as
follows:
§ 209-N. GIFT FOR MUNICIPAL EPINEPHRINE BULK PURCHASES. A TAXPAYER IN
ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE SUPPORT OF THE MUNICIPAL
EPINEPHRINE BULK PURCHASE FUND. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE
DOLLAR AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF THE STATE TAX OWED BY
SUCH TAXPAYER. THE COMMISSIONER SHALL INCLUDE SPACE ON THE CORPORATE
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 MUNICIPAL EPINEPHRINE
BULK PURCHASE FUND AND SHALL BE USED ONLY FOR THOSE PURPOSES ENUMERATED
IN SECTION NINETY-SEVEN-UUUU OF THE STATE FINANCE LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01201-01-1
A. 7475 2
§ 3. The tax law is amended by adding a new section 630-i to read as
follows:
§ 630-I. GIFT FOR MUNICIPAL EPINEPHRINE BULK PURCHASES. AN INDIVIDUAL
IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE MUNICIPAL EPINEPHRINE
BULK PURCHASE FUND. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR
AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY SUCH INDI-
VIDUAL. THE COMMISSIONER 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 MUNICIPAL EPINEPHRINE BULK PURCHASE
FUND AND USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION NINETY-SEV-
EN-UUUU OF THE STATE FINANCE LAW.
§ 4. The state finance law is amended by adding a new section 97-uuuu
to read as follows:
§ 97-UUUU. MUNICIPAL EPINEPHRINE BULK PURCHASE FUND. 1. THERE IS HERE-
BY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND
FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "MUNICI-
PAL EPINEPHRINE BULK PURCHASE FUND".
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
OF TAXATION AND FINANCE, PURSUANT TO THE PROVISIONS OF SECTION TWO
HUNDRED NINE-N AND SECTION SIX HUNDRED THIRTY-I 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 FOR THE
PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
THE FUND ACCORDING TO LAW.
3. MONIES OF THE FUND SHALL BE EXPENDED TO PROVIDE PRICE REDUCTIONS
FOR MUNICIPALITIES PURCHASING EPINEPHRINE FOR MUNICIPAL FIRST RESPONDER
AGENCIES AND ELEMENTARY AND SECONDARY SCHOOLS LOCATED WITHIN SUCH MUNI-
CIPALITIES PURSUANT TO THE MUNICIPAL EPINEPHRINE BULK PURCHASE PROGRAM
ESTABLISHED BY THE COMMISSIONER OF HEALTH PURSUANT TO SUBDIVISION THIR-
TY-ONE OF SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW.
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 HEALTH.
5. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL ENSURE
THAT ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO THE
END OF THAT FISCAL YEAR.
6. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSIONER
OF HEALTH SHALL PROVIDE A WRITTEN REPORT TO THE TEMPORARY PRESIDENT OF
THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMIT-
TEE, 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 RECIPIENT;
(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.
§ 5. This act shall take effect immediately.