S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1147
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 7, 2021
                                ___________
 
 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:
 
   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
              

 S. 1147                             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.