The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  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.