NY State Senate Bill 2021-S7378

Senate Bill S7378

2021-2022 Legislative Session

Requires the department of health to publish certain reports on department's website detailing sales of opioids sold in the state

download bill text pdf

Archive: Last Bill Status - Passed Senate & Assembly

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 05, 2022	returned to senate passed assembly ordered to third reading cal.391 substituted for a8339a
Apr 27, 2022	referred to health delivered to assembly passed senate
Mar 09, 2022	advanced to third reading
Mar 08, 2022	2nd report cal.
Mar 07, 2022	1st report cal.638
Jan 20, 2022	print number 7378a
Jan 20, 2022	amend and recommit to budget and revenue
Jan 05, 2022	referred to budget and revenue
Sep 15, 2021	referred to rules

Votes

- Apr 27, 2022 - Floor Vote
  S7378
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 27, 2022
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      excused (1)
      
      Brouk
  Mar 7, 2022 - Budget And Revenue Committee Vote
  S7378
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Budget And Revenue Committee Vote: Mar 7, 2022
      
      aye (7)
      
      Gounardes
      
      Kaminsky
      
      Krueger
      
      Liu
      
      Rath III
      
      Salazar
      
      Weik

Bill Amendments

Original

A (Active)

2021-S7378 - Details

See Assembly Version of this Bill:: A8339
Law Section:: Tax Law
Laws Affected:: Amd §498, Tax L

2021-S7378 - Summary

Requires the department of health to publish certain reports on the department's website detailing sales of opioids sold in the state; requires the department of health to compile and publish on its website all reports submitted to the department detailing all opioids sold by a registrant in the state of New York including the initial report with transaction information from July 1, 2019 through December 31, 2019 and each annual report thereafter within ninety days.

2021-S7378 - Sponsor Memo

                                
 
BILL NUMBER: S7378

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the tax law, in relation to requiring the department of
health to publish certain reports on department's website detailing
sales of opioids sold in the state

 
PURPOSE:

Requires the department of health to publish certain reports on the
department's website detailing sales of opioids sold in the state

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision (G) of section 498 of the tax law to
require that the department of health publish their annual report
detailing all opioids sold by such registrants in the state of New York.
Such report shall be made available to the public in machine-readable
formats and such report shall be made publicly available on the depart-

ment of health's website.

Section 2 requires the department of health to comply and publish on
their website all reports submitted to the department detailing all
opioids sold by a registrant in the state of New York pursuant to subdi-
vision (G) of section 498 of the tax law. This includes the initial
report with transaction information from July 1, 2019 through December
31, 2019, and each annual report thereafter.

Section 3 states the effective date.

 
JUSTIFICATION:

The 2019 New York State enacted budget established an "Opioid Steward-
ship Fund" to combat the opioid overdose crisis. Financed by an assess-
ment on opioid products sold or distributed in New York, the annual $100
million dollar stewardship payments were formulated to place the finan-
cial burden of the opioid crisis upon the companies that are making
billions in profits. The program's funding was directed to be used for
support programs operated by the Office of Addiction Services and
Supports (OASAS). Such programs include opioid treatment, recovery,
prevention, education, and the I-STOP program, pursuant to the approval
of the NYS Budget Director. Included in the creation of the Opioid
Stewardship Fund was the requirement for the Department of Health (DOH)
to annually gather reports detailing all opioids sold by registrants
authorized in the state. To date, this information has not been accessi-
ble.

This legislation provides transparency to the public regarding the
Opioid Stewardship fund by requiring DOH to make the information
collected in such reports to be publicly available on the department's
website.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:
None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S7378 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7378
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                            September 15, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the tax law, in relation to requiring the department  of
   health  to  publish  certain reports on department's website detailing
   sales of opioids sold in the state

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision (g) of section 498 of the tax law, as added by
 section 1 of part XX of chapter 59 of the laws of 2019,  is  amended  to
 read as follows:
   (g) Each registrant shall provide a report to the department of health
 detailing  all opioids sold by such registrant in the state of New York.
 Such report shall include:
   (i)  the  registrant's  name,  address,  phone  number,  federal  Drug
 Enforcement  Agency  (DEA)  registration  number,  education  department
 registration number, and controlled substance license number  issued  by
 the department of health, if applicable;
   (ii)  the  name,  address and DEA registration number of the entity to
 whom the opioid was sold;
   (iii) the date of the sale of the opioid;
   (iv) the gross receipt total, in dollars, for each opioid sold;
   (v) the name and National Drug Code of the opioid sold;
   (vi) the number of containers and the strength and metric quantity  of
 controlled substance in each container of the opioid sold;
   (vii) the total number of morphine milligram equivalents sold; and
   (viii)  any  other elements as deemed necessary by the commissioner of
 health.
   Such information shall be reported AND PUBLISHED annually in such form
 as defined by the commissioner of health and shall not be subject to the
 provisions of section four hundred  ninety-nine  of  this  article.  THE
 INFORMATION  COLLECTED  IN  SUCH  REPORT  SHALL BE MADE AVAILABLE TO THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13199-01-1

 S. 7378                             2
 
 PUBLIC IN MACHINE-READABLE FORMATS AND SUCH REPORT SHALL BE MADE PUBLIC-
 LY AVAILABLE ON THE DEPARTMENT OF HEALTH'S WEBSITE.
   § 2. Within ninety days of the effective date of this act, the depart-
 ment  of  health  shall  compile  and publish on its website all reports
 submitted to the department detailing all opioids sold by  a  registrant
 in  the  state of New York pursuant to subdivision (g) of section 498 of
 the tax law, including the initial report with  transaction  information
 from July 1, 2019 through December 31, 2019 and each annual report ther-
 eafter.
   § 3. This act shall take effect immediately.

2021-S7378A (ACTIVE) - Details

See Assembly Version of this Bill:: A8339
Law Section:: Tax Law
Laws Affected:: Amd §498, Tax L

2021-S7378A (ACTIVE) - Summary

2021-S7378A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7378A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the tax law, in relation to requiring the department of
health to publish certain reports on department's website detailing
sales of opioids sold in the state

 
PURPOSE:

Requires the department of health to publish certain reports on the
department's website detailing sales of opioids sold in the state

 
SUMMARY OF PROVISIONS:

Section 1 titles this act "registered opioid sales for transparency and
epidemic recovery (ROSTER) act"

Section 2 amends subdivision (G) of section 498 of the tax law to
require that the department of health publish their annual report
detailing all opioids sold by such registrants in the state of New York,

with the exception of paragraph (ii) of this subdivision. Such report
shall be made available to the public in machine-readable formats and
such report shall be made publicly available on the department of
health's website.

Section 3 requires the department of health to comply and publish on
their website all reports submitted to the department detailing all
opioids sold by a registrant in the state of New York pursuant to subdi-
vision (G) of section 498 of the tax law. This includes the initial
report with transaction information from July 1, 2019 through December
31, 2019, and each annual report thereafter.

Section 4 states the effective date.

 
JUSTIFICATION:

The 2019 New York State enacted budget established an "Opioid Steward-
ship Fund" to combat the opioid overdose crisis. Financed by an assess-
ment on opioid products sold or distributed in New York, the annual $100
million dollar stewardship payments were formulated to place the finan-
cial burden of the opioid crisis upon the companies that are making
billions in profits. The program's funding was directed to be used for
support programs operated by the Office of Addiction Services and
Supports (OASAS). Such programs include opioid treatment, recovery,
prevention, education, and the I-STOP program, pursuant to the approval
of the NYS Budget Director.  Included in the creation of the Opioid
Stewardship Fund was the requirement for the Department of Health
(DOH)to annually gather reports detailing all opioids sold by regis-
trants authorized in the state. To date, this information has not been
accessible.

This legislation provides transparency to the public regarding the
Opioid Stewardship fund by requiring DOH to make the information
collected in such reports to be publicly available on the department's
website.

 
LEGISLATIVE HISTORY:
This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S7378A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7378--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                            September 15, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the  Committee on Budget and Revenue in accordance with Senate Rule 6,
   sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee

 AN  ACT to amend the tax law, in relation to requiring the department of
   health to publish certain reports on  department's  website  detailing
   sales of opioids sold in the state
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the  "registered  opioid  sales  for  transparency and epidemic recovery
 (ROSTER) act".
   § 2. Subdivision (g) of section 498  of  the  tax  law,  as  added  by
 section  1  of  part XX of chapter 59 of the laws of 2019, is amended to
 read as follows:
   (g) Each registrant shall provide a report to the department of health
 detailing all opioids sold by such registrant in the state of New  York.
 Such report shall include:
   (i)  the  registrant's  name,  address,  phone  number,  federal  Drug
 Enforcement  Agency  (DEA)  registration  number,  education  department
 registration  number,  and controlled substance license number issued by
 the department of health, if applicable;
   (ii) the name, address and DEA registration number of  the  entity  to
 whom the opioid was sold;
   (iii) the date of the sale of the opioid;
   (iv) the gross receipt total, in dollars, for each opioid sold;
   (v) the name and National Drug Code of the opioid sold;
   (vi)  the number of containers and the strength and metric quantity of
 controlled substance in each container of the opioid sold;
   (vii) the total number of morphine milligram equivalents sold; and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13199-02-2

 S. 7378--A                          2
 
   (viii) any other elements as deemed necessary by the  commissioner  of
 health.
   Such information shall be reported AND PUBLISHED annually in such form
 as defined by the commissioner of health and shall not be subject to the
 provisions of section four hundred ninety-nine of this article, WITH THE
 EXCEPTION  OF  PARAGRAPH  (II)  OF  THIS  SUBDIVISION.   THE INFORMATION
 COLLECTED IN SUCH REPORT SHALL  BE  MADE  AVAILABLE  TO  THE  PUBLIC  IN
 MACHINE-READABLE  FORMATS  AND SUCH REPORT SHALL BE MADE PUBLICLY AVAIL-
 ABLE ON THE DEPARTMENT OF HEALTH'S WEBSITE.
   § 3. Within ninety days of the effective date of this act, the depart-
 ment of health shall compile and publish  on  its  website  all  reports
 submitted  to  the department detailing all opioids sold by a registrant
 in the state of New York pursuant to subdivision (g) of section  498  of
 the  tax  law, including the initial report with transaction information
 from July 1, 2019 through December 31, 2019 and each annual report ther-
 eafter.
   § 4. This act shall take effect immediately.

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