S T A T E O F N E W Y O R K
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3322--A
2021-2022 Regular Sessions
I N A S S E M B L Y
January 22, 2021
___________
Introduced by M. of A. EPSTEIN, DINOWITZ, JACOBSON, GOTTFRIED -- read
once and referred to the Committee on Higher Education -- recommitted
to the Committee on Higher Education in accordance with Assembly Rule
3, sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the education law, the state finance law and the tax
law, in relation to requiring the state university of New York to
provide abortion by medication techniques at all public universities
within the state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 5 of title 1 of the education law is amended by
adding a new part 2-A to read as follows:
PART 2-A
MEDICAL AND HEALTH SERVICES
SECTION 288. ACCESS TO ABORTION BY MEDICATION TECHNIQUES.
§ 288. ACCESS TO ABORTION BY MEDICATION TECHNIQUES. 1. FOR PURPOSES OF
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
A. "STUDENT HEALTH CENTER" SHALL MEAN A CLINIC PROVIDING PRIMARY
HEALTH CARE SERVICES TO STUDENTS.
B. "ABORTION BY MEDICATION" SHALL MEAN THE PROCESS OF USING MEDICATION
TO TERMINATE A PREGNANCY.
C. "PUBLIC COLLEGE" OR "PUBLIC UNIVERSITY" SHALL MEAN ANY COLLEGE OR
UNIVERSITY WITHIN THE STATE UNIVERSITY OF NEW YORK SYSTEM.
2. EACH PUBLIC COLLEGE STUDENT HEALTH CENTER SHALL MAKE AVAILABLE TO
ALL STUDENTS ABORTION BY MEDICATION TECHNIQUES ONSITE. THIS SERVICE
SHALL BE PROVIDED BY MEDICAL PROFESSIONALS ON STAFF AT SUCH STUDENT
HEALTH CENTERS OR BY A THIRD PARTY WHO HAS CONTRACTED WITH A UNIVERSITY
TO PROVIDE SUCH MEDICAL SERVICES.
3. WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION, AND BY
DECEMBER THIRTY-FIRST OF EACH YEAR THEREAFTER, THE CHANCELLOR OF THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03898-02-2
A. 3322--A 2
STATE UNIVERSITY OF NEW YORK (SUNY) SHALL SUBMIT A REPORT TO THE COMMIS-
SIONER, THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
PRESIDENT OF THE SENATE THAT INCLUDES, BUT IS NOT LIMITED TO, THE
FOLLOWING:
A. THE TOTAL NUMBER OF PUBLIC COLLEGE STUDENT HEALTH CENTERS THAT
PROVIDE ABORTION BY MEDICATION TECHNIQUES;
B. THE NUMBER OF ABORTIONS BY MEDICATION TECHNIQUES PERFORMED AT
PUBLIC COLLEGE STUDENT HEALTH CENTERS, DISAGGREGATED, TO THE EXTENT
POSSIBLE, BY STUDENT HEALTH CENTER; AND
C. THE TOTAL AMOUNT OF FUNDS RECEIVED AND PROVIDED TO STUDENT HEALTH
CENTERS AT PUBLIC COLLEGES OR UNIVERSITIES IN THE PREVIOUS YEAR USED OR
TO BE USED IN MAKING ABORTION BY MEDICATION TECHNIQUES AVAILABLE, DISAG-
GREGATED BY STUDENT HEALTH CENTER, TO THE EXTENT POSSIBLE.
§ 2. The state finance law is amended by adding a new section 99-pp to
read as follows:
§ 99-PP. PUBLIC COLLEGE STUDENT HEALTH CENTER ABORTION BY MEDICATION
FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMP-
TROLLER, THE COMMISSIONER OF HEALTH AND THE CHANCELLOR OF THE STATE
UNIVERSITY OF NEW YORK (SUNY) A SPECIAL FUND TO BE KNOWN AS THE "PUBLIC
COLLEGE STUDENT HEALTH CENTER ABORTION BY MEDICATION FUND".
2. A. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED PURSUANT TO THE
PROVISIONS OF SECTION SIX HUNDRED THIRTY-K OF THE TAX LAW, AND ALL OTHER
MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM ANY OTHER
FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED HEREIN 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.
B. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, SUCH
FUND SHALL BE AUTHORIZED TO RECEIVE MONEYS FROM NONSTATE ENTITIES,
INCLUDING, BUT NOT LIMITED TO, PRIVATE SECTOR ENTITIES AND LOCAL AND
FEDERAL GOVERNMENT AGENCIES, SPECIFICALLY TO SUPPORT SUCH FUND.
3. MONIES WITHIN THE PUBLIC COLLEGE STUDENT HEALTH CENTER ABORTION BY
MEDICATION FUND SHALL BE MADE AVAILABLE TO THE COMMISSIONER OF HEALTH
FOR PAYMENT OF ANY AND ALL COSTS AND EXPENDITURES INCURRED IN PERFORMING
ANY OF THE WORK REQUIRED IN MAKING ABORTION BY MEDICATION TECHNIQUES
AVAILABLE AT PUBLIC COLLEGE STUDENT HEALTH CENTERS WITHIN THE STATE.
4. SERVICES PERFORMED BY PUBLIC COLLEGE STUDENT HEALTH CENTERS AVAIL-
ABLE FOR MONEYS FROM THIS FUND SHALL INCLUDE, BUT NOT BE LIMITED TO:
A. PURCHASE OF EQUIPMENT USED IN THE PROVISION OF ABORTION BY MEDICA-
TION TECHNIQUES;
B. FACILITY AND SECURITY UPGRADES;
C. COSTS ASSOCIATED WITH ENABLING PUBLIC COLLEGE STUDENT HEALTH
CENTERS TO DELIVER TELEHEALTH SERVICES;
D. COSTS ASSOCIATED WITH STAFF TRAINING;
E. TELEPHONE SUPPORT SERVICES FOR STUDENTS WHO HAVE OBTAINED ABORTION
BY MEDICATION TECHNIQUES;
F. BILLING SPECIALIST CONSULTATIONS; AND
G. COLLECTING, COMPILING AND ANALYZING INFORMATION FROM PUBLIC COLLEGE
STUDENT HEALTH CENTERS TO MEET THE REPORTING REQUIREMENTS PURSUANT TO
SUBDIVISION THREE OF SECTION TWO HUNDRED EIGHTY-EIGHT OF THE EDUCATION
LAW.
5. 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.
6. AMOUNTS EXPENDED FOR PUBLIC COLLEGE STUDENT HEALTH CENTERS PURSUANT
TO THIS SECTION SHALL NOT AFFECT THE AMOUNT THAT WOULD OTHERWISE BE
A. 3322--A 3
APPROPRIATED FOR PUBLIC COLLEGE STUDENT HEALTH CENTERS UNDER ANY OTHER
PROVISION OF LAW.
§ 3. The tax law is amended by adding a new section 630-k to read as
follows:
§ 630-K. GIFT FOR ABORTION BY MEDICATION TECHNIQUES IN PUBLIC COLLEGE
STUDENT HEALTH CENTERS. EFFECTIVE FOR ANY TAX YEAR COMMENCING ON OR
AFTER JANUARY FIRST, TWO THOUSAND TWENTY-THREE, AN INDIVIDUAL IN ANY
TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE PUBLIC COLLEGE STUDENT
HEALTH CENTER ABORTION BY MEDICATION FUND. SUCH 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 CONTRIB-
UTION. THE COMMISSIONER SHALL ALSO ENSURE THAT A DESCRIPTION OF A
STUDENT HEALTH CENTER AND THE ABORTION BY MEDICATION TECHNIQUES BEING
OFFERED BY SUCH HEALTH CENTERS ARE INCLUDED WITHIN THE TAX FORM PREPARA-
TION INSTRUCTION BOOKLET. NOTWITHSTANDING ANY OTHER PROVISION OF LAW ALL
REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE
PUBLIC COLLEGE STUDENT HEALTH CENTER ABORTION BY MEDICATION FUND AND
USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION NINETY-NINE-PP OF THE
STATE FINANCE LAW.
§ 4. This act shall take effect immediately.