Bill Text: NY S05136 | 2019-2020 | General Assembly | Amended


Bill Title: Establishes the New York state vaccination awareness campaign and directs the department of health to contract with a consultant to promote and maintain the New York state vaccination awareness campaign; establishes the gift for the New York state vaccination awareness campaign and allows a check-off space on the personal income tax return to enable a taxpayer to make such contribution; makes related provisions.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2020-01-08 - REFERRED TO HEALTH [S05136 Detail]

Download: New_York-2019-S05136-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         5136--B
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 10, 2019
                                       ___________
        Introduced by Sens. CARLUCCI, HOYLMAN -- read twice and ordered printed,
          and when printed to be committed to the Committee on Health -- commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to  said  committee  --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
        AN  ACT  to amend the public health law, in relation to a New York state
          vaccination awareness campaign; and to amend the tax law and the state
          finance law, in relation to providing a tax check off box on  personal
          income  tax  return forms for the New York state vaccination awareness
          campaign and certain reporting requirements
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  public health law is amended by adding a new section
     2  2509 to read as follows:
     3    § 2509. New York state vaccination awareness campaign. 1. The  depart-
     4  ment  shall  establish,  and shall contract with a consultant to promote
     5  and maintain the New York state vaccination awareness campaign  consist-
     6  ent  with  the  immunization  schedule  established  by  the centers for
     7  disease control and prevention and the advisory committee  on  immuniza-
     8  tion practices.
     9    2. The commissioner may enter into a multi-year contract for the oper-
    10  ation and promotion of the New York state vaccination awareness campaign
    11  subject  to  such  terms  and conditions as may be contained within such
    12  contract with a not-for-profit organization that has experience  working
    13  with  New  York  state organizations that have expertise in immunization
    14  and vaccination promotional campaigns, and is affiliated with the immun-
    15  ization and vaccination community throughout the state.  The  contractor
    16  may subcontract as needed for the effective performance of the contract.
    17  All  such  subcontractors  and  the  terms of such subcontracts shall be
    18  subject to approval by the commissioner.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11159-09-9

        S. 5136--B                          2
     1    3. The contractor shall make a report, including but not  limited  to,
     2  the following:
     3    (a)  the  annual  dollar amount of voluntary contributions received by
     4  the contractor for the purposes of maintaining the New York state immun-
     5  ization educational and promotional campaigns and initiatives;
     6    (b) a description of the promotional campaigns and initiatives  imple-
     7  mented during the year; and
     8    (c)  accounting  statements  of expenditures for the purposes of main-
     9  taining the promotional campaigns and initiatives.
    10    4. (a) For the period April first, two thousand twenty  through  March
    11  thirty-first,  two thousand twenty-one, payments to the contractor shall
    12  be paid by the department.
    13    (b) For the period beginning April first, two thousand twenty-one  and
    14  thereafter,  payments  to the contractor shall be paid by the department
    15  from funds available for these purposes, including, but not limited  to,
    16  the  funds  deposited  into  the  New  York  state vaccination awareness
    17  campaign fund pursuant to section ninety-five-j  of  the  state  finance
    18  law.
    19    (c) In addition, the contractor may receive and use voluntary contrib-
    20  utions.
    21    §  2.  The tax law is amended by adding a new section 630-g to read as
    22  follows:
    23    § 630-g. Gift for the New York state vaccination  awareness  campaign.
    24  Effective  for  any  tax  year commencing on or after January first, two
    25  thousand twenty, an individual in any taxable year may elect to contrib-
    26  ute to the New York  state  vaccination  awareness  campaign  fund.  The
    27  contribution  shall  be  in any whole dollar amount and shall not reduce
    28  the amount of state tax owed by such individual. The commissioner  shall
    29  include  space on the personal income tax return to enable a taxpayer to
    30  make such contribution. Notwithstanding any other provision of  law  all
    31  revenues collected pursuant to this section shall be credited to the New
    32  York  state  vaccination awareness campaign fund and used only for those
    33  purposes enumerated in section ninety-five-j of the state finance law.
    34    § 3. The state finance law is amended by adding a new section 95-j  to
    35  read as follows:
    36    §  95-j.  New York state vaccination awareness campaign fund. 1. There
    37  is hereby established in the joint custody of the commissioner of  taxa-
    38  tion  and finance and the comptroller, a special fund to be known as the
    39  "New York state vaccination awareness campaign fund".
    40    2. Such fund shall consist of all revenues received  pursuant  to  the
    41  provisions  of section twenty-five hundred nine of the public health law
    42  and section six hundred thirty-g of the tax law, all  revenues  received
    43  pursuant  to appropriations by the legislature, and all moneys appropri-
    44  ated, credited, or transferred thereto from any  other  fund  or  source
    45  pursuant to law.  Moneys shall be payable from the fund on the audit and
    46  warrant  of  the  comptroller  on vouchers approved and certified by the
    47  commissioner of health. Nothing contained in this section shall  prevent
    48  the  state  from receiving grants, gifts or bequests for the purposes of
    49  the fund as defined in this section and depositing them  into  the  fund
    50  according  to law. Any interest received by the comptroller on moneys on
    51  deposit in such fund shall be retained in and become part of such fund.
    52    3. Moneys of the fund shall be expended only to provide grants to  the
    53  New  York state vaccination awareness campaign for purposes of promoting
    54  not-for-profit corporations established in this state which are incorpo-
    55  rated for the purpose of advancing and financing New York state vaccina-
    56  tion awareness and the immunization schedule established by the  centers

        S. 5136--B                          3
     1  for disease control and prevention and the advisory committee on immuni-
     2  zation practices.
     3    4.  On or before the first day of February each year, the commissioner
     4  of the department of health shall provide a written report to the tempo-
     5  rary president of the senate, the speaker of the assembly, the chair  of
     6  the  senate  finance committee, the chair of the assembly ways and means
     7  committee, the chair of the senate committee on health, the chair of the
     8  assembly health committee, the state comptroller and  the  public.  Such
     9  report shall include how the monies of the fund were utilized during the
    10  preceding calendar year, and shall include:
    11    (i)  the amount of money disbursed from the fund and the award process
    12  used for such disbursements;
    13    (ii) recipients of awards from the fund;
    14    (iii) the amount awarded to each;
    15    (iv) the purposes for which such awards were granted; and
    16    (v) a summary financial plan for such monies which shall include esti-
    17  mates of all receipts and all disbursements for the current and succeed-
    18  ing fiscal years, along with the actual results from  the  prior  fiscal
    19  year.
    20    §  4. This act shall take effect on the first of January next succeed-
    21  ing the date on which it shall have become a  law  and  shall  apply  to
    22  taxable  years  beginning  on or after such date. Effective immediately,
    23  the addition, amendment and/or repeal of any rule or  regulation  neces-
    24  sary  for  the  implementation  of  this  act  on its effective date are
    25  authorized to be made and completed on or before such effective date.
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