S T A T E O F N E W Y O R K
________________________________________________________________________
5136--B
2019-2020 Regular Sessions
I N S E N A T E
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:
Section 1. The public health law is amended by adding a new section
2509 to read as follows:
§ 2509. NEW YORK STATE VACCINATION AWARENESS CAMPAIGN. 1. THE DEPART-
MENT SHALL ESTABLISH, AND SHALL CONTRACT WITH A CONSULTANT TO PROMOTE
AND MAINTAIN THE NEW YORK STATE VACCINATION AWARENESS CAMPAIGN CONSIST-
ENT WITH THE IMMUNIZATION SCHEDULE ESTABLISHED BY THE CENTERS FOR
DISEASE CONTROL AND PREVENTION AND THE ADVISORY COMMITTEE ON IMMUNIZA-
TION PRACTICES.
2. THE COMMISSIONER MAY ENTER INTO A MULTI-YEAR CONTRACT FOR THE OPER-
ATION AND PROMOTION OF THE NEW YORK STATE VACCINATION AWARENESS CAMPAIGN
SUBJECT TO SUCH TERMS AND CONDITIONS AS MAY BE CONTAINED WITHIN SUCH
CONTRACT WITH A NOT-FOR-PROFIT ORGANIZATION THAT HAS EXPERIENCE WORKING
WITH NEW YORK STATE ORGANIZATIONS THAT HAVE EXPERTISE IN IMMUNIZATION
AND VACCINATION PROMOTIONAL CAMPAIGNS, AND IS AFFILIATED WITH THE IMMUN-
IZATION AND VACCINATION COMMUNITY THROUGHOUT THE STATE. THE CONTRACTOR
MAY SUBCONTRACT AS NEEDED FOR THE EFFECTIVE PERFORMANCE OF THE CONTRACT.
ALL SUCH SUBCONTRACTORS AND THE TERMS OF SUCH SUBCONTRACTS SHALL BE
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
3. THE CONTRACTOR SHALL MAKE A REPORT, INCLUDING BUT NOT LIMITED TO,
THE FOLLOWING:
(A) THE ANNUAL DOLLAR AMOUNT OF VOLUNTARY CONTRIBUTIONS RECEIVED BY
THE CONTRACTOR FOR THE PURPOSES OF MAINTAINING THE NEW YORK STATE IMMUN-
IZATION EDUCATIONAL AND PROMOTIONAL CAMPAIGNS AND INITIATIVES;
(B) A DESCRIPTION OF THE PROMOTIONAL CAMPAIGNS AND INITIATIVES IMPLE-
MENTED DURING THE YEAR; AND
(C) ACCOUNTING STATEMENTS OF EXPENDITURES FOR THE PURPOSES OF MAIN-
TAINING THE PROMOTIONAL CAMPAIGNS AND INITIATIVES.
4. (A) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, PAYMENTS TO THE CONTRACTOR SHALL
BE PAID BY THE DEPARTMENT.
(B) FOR THE PERIOD BEGINNING APRIL FIRST, TWO THOUSAND TWENTY-ONE AND
THEREAFTER, PAYMENTS TO THE CONTRACTOR SHALL BE PAID BY THE DEPARTMENT
FROM FUNDS AVAILABLE FOR THESE PURPOSES, INCLUDING, BUT NOT LIMITED TO,
THE FUNDS DEPOSITED INTO THE NEW YORK STATE VACCINATION AWARENESS
CAMPAIGN FUND PURSUANT TO SECTION NINETY-FIVE-J OF THE STATE FINANCE
LAW.
(C) IN ADDITION, THE CONTRACTOR MAY RECEIVE AND USE VOLUNTARY CONTRIB-
UTIONS.
§ 2. The tax law is amended by adding a new section 630-g to read as
follows:
§ 630-G. GIFT FOR THE NEW YORK STATE VACCINATION AWARENESS CAMPAIGN.
EFFECTIVE FOR ANY TAX YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO
THOUSAND TWENTY, AN INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIB-
UTE TO THE NEW YORK STATE VACCINATION AWARENESS CAMPAIGN FUND. THE
CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR AMOUNT AND SHALL NOT REDUCE
THE AMOUNT OF STATE TAX OWED BY SUCH INDIVIDUAL. 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 NEW
YORK STATE VACCINATION AWARENESS CAMPAIGN FUND AND USED ONLY FOR THOSE
PURPOSES ENUMERATED IN SECTION NINETY-FIVE-J OF THE STATE FINANCE LAW.
§ 3. The state finance law is amended by adding a new section 95-j to
read as follows:
§ 95-J. NEW YORK STATE VACCINATION AWARENESS CAMPAIGN FUND. 1. THERE
IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXA-
TION AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE
"NEW YORK STATE VACCINATION AWARENESS CAMPAIGN FUND".
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED PURSUANT TO THE
PROVISIONS OF SECTION TWENTY-FIVE HUNDRED NINE OF THE PUBLIC HEALTH LAW
AND SECTION SIX HUNDRED THIRTY-G OF THE TAX LAW, ALL REVENUES RECEIVED
PURSUANT TO APPROPRIATIONS BY THE LEGISLATURE, AND ALL MONEYS APPROPRI-
ATED, CREDITED, OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE
PURSUANT TO LAW. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND
WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE
COMMISSIONER OF HEALTH. 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. ANY INTEREST RECEIVED BY THE COMPTROLLER ON MONEYS ON
DEPOSIT IN SUCH FUND SHALL BE RETAINED IN AND BECOME PART OF SUCH FUND.
3. MONEYS OF THE FUND SHALL BE EXPENDED ONLY TO PROVIDE GRANTS TO THE
NEW YORK STATE VACCINATION AWARENESS CAMPAIGN FOR PURPOSES OF PROMOTING
NOT-FOR-PROFIT CORPORATIONS ESTABLISHED IN THIS STATE WHICH ARE INCORPO-
RATED FOR THE PURPOSE OF ADVANCING AND FINANCING NEW YORK STATE VACCINA-
TION AWARENESS AND THE IMMUNIZATION SCHEDULE ESTABLISHED BY THE CENTERS
S. 5136--B 3
FOR DISEASE CONTROL AND PREVENTION AND THE ADVISORY COMMITTEE ON IMMUNI-
ZATION PRACTICES.
4. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSIONER
OF THE DEPARTMENT OF HEALTH SHALL PROVIDE A WRITTEN REPORT TO THE TEMPO-
RARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF
THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS AND MEANS
COMMITTEE, THE CHAIR OF THE SENATE COMMITTEE ON HEALTH, THE 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:
(I) THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD PROCESS
USED FOR SUCH DISBURSEMENTS;
(II) RECIPIENTS OF AWARDS FROM THE FUND;
(III) THE AMOUNT AWARDED TO EACH;
(IV) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
(V) 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.
§ 4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to
taxable years beginning on or after such date. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
