S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8743
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 25, 2019
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Higher Education
 
 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
 STATE UNIVERSITY OF NEW YORK (SUNY) SHALL SUBMIT A REPORT TO THE COMMIS-
 SIONER,  THE  GOVERNOR,  THE  SPEAKER  OF THE ASSEMBLY AND THE TEMPORARY

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14025-01-9
              

 A. 8743                             2
 
 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-hh to
 read as follows:
   § 99-HH. 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-H 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
 APPROPRIATED  FOR  PUBLIC COLLEGE STUDENT HEALTH CENTERS UNDER ANY OTHER
 PROVISION OF LAW.

 A. 8743                             3
 
   § 3. The tax law is amended by adding a new section 630-h to  read  as
 follows:
   § 630-H. 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, 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 CONTRIBUTION. THE COMMIS-
 SIONER 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 PREPARATION  INSTRUCTION  BOOK-
 LET.  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-HH OF THE STATE FINANCE LAW.
   § 4. This act shall take effect immediately.