S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6311
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend  the  state  finance  law,  in  relation  to  purchasing
   restrictions  on persons electing not to dispense mifepristone; and to
   amend the retirement and social  security  law,  in  relation  to  the
   investment of certain public funds in persons electing not to dispense
   mifepristone
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The state finance law is amended by adding  a  new  section
 165-b to read as follows:
   §  165-B.  PURCHASING RESTRICTIONS; PERSONS THAT ELECT NOT TO DISPENSE
 MIFEPRISTONE. 1. AS USED IN  THIS  SECTION,  THE  FOLLOWING  DEFINITIONS
 SHALL APPLY:
   (A) "ELECTS NOT TO DISPENSE MIFEPRISTONE" SHALL MEAN ANY PERSON CERTI-
 FIED  BY  THE  UNITED  STATES  FOOD  AND DRUG ADMINISTRATION TO DISPENSE
 MIFEPRISTONE WHO IS NOT CONSTRAINED BY ANY STATE OR LOCAL LAWS OR  REGU-
 LATIONS  IN THE JURISDICTIONS IN WHICH THEY OPERATE TO DISPENSE MIFEPRI-
 STONE, BUT WHO DECIDES INDEPENDENTLY NOT TO DISPENSE MIFEPRISTONE.
   (B) "PERSON" SHALL  MEAN  ANY  NATURAL  PERSON,  CORPORATION,  LIMITED
 LIABILITY  COMPANY,  UNINCORPORATED  ASSOCIATION OR ANY OTHER NONGOVERN-
 MENTAL ENTITY,  ORGANIZATION,  OR  GROUP,  OR  ANY  SUCCESSOR,  SUBUNIT,
 PARENT, OR SUBSIDIARY OF THE SAME.
   2.  (A)  ANY  PERSON  THAT IS IDENTIFIED ON A LIST CREATED PURSUANT TO
 PARAGRAPH (B) OF THIS  SUBDIVISION  AS  A  PERSON  THAT  ELECTS  NOT  TO
 DISPENSE MIFEPRISTONE, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF
 THIS SECTION, SHALL NOT BE DEEMED A RESPONSIVE BIDDER OR OFFERER, PURSU-
 ANT TO SECTION ONE HUNDRED SIXTY-THREE OF THIS ARTICLE.
   (B)  NOT  LATER  THAN  NINETY  DAYS  AFTER  THE EFFECTIVE DATE OF THIS
 SECTION, AND THEN ANNUALLY THEREAFTER, THE  COMMISSIONER  SHALL  DEVELOP
 AND  PUBLISH, USING CREDIBLE INFORMATION AVAILABLE TO THE PUBLIC, A LIST
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10135-01-3
              

 A. 6311                             2
 
 OF PERSONS DETERMINED BY THE COMMISSIONER,  THAT  HAVE  ELECTED  NOT  TO
 DISPENSE MIFEPRISTONE. SUCH LIST, WHEN DEVELOPED AND PUBLISHED, SHALL BE
 POSTED ON THE WEBSITE OF THE OFFICE OF GENERAL SERVICES.
   (C)  IN THE EVENT A PERSON INCLUDED BY THE COMMISSIONER ON THE LIST TO
 BE DEVELOPED AND PUBLISHED IN ACCORDANCE  WITH  PARAGRAPH  (B)  OF  THIS
 SUBDIVISION,  DEMONSTRATES  TO  THE  COMMISSIONER  THAT  SUCH PERSON HAS
 ELECTED TO DISPENSE MIFEPRISTONE,  OR  OBTAINS  A  COURT  ORDER  FROM  A
 SUPREME  COURT  THAT  SUCH PERSON SHALL BE REMOVED FROM SUCH LIST DUE TO
 THE COURT'S DETERMINATION THAT  SUCH  PERSON  HAS  ELECTED  TO  DISPENSE
 MIFEPRISTONE,  THEN  THE COMMISSIONER SHALL REMOVE SUCH PERSON FROM SUCH
 LIST SO DEVELOPED AND PUBLISHED IN ACCORDANCE WITH PARAGRAPH (B) OF THIS
 SUBDIVISION.
   (D) PRIOR TO  THE  FINAL  DEVELOPMENT  AND  PUBLICATION  OF  THE  LIST
 REQUIRED  TO  BE PRODUCED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION,
 THE COMMISSIONER SHALL PROVIDE WRITTEN  NOTICE  OF  ALL  PERSONS  TO  BE
 INCLUDED  ON  THE  LIST, OF THE COMMISSIONER'S INTENT TO SO INCLUDE SUCH
 PERSON ON SUCH LIST, TOGETHER WITH WRITTEN NOTICE INFORMING SUCH  PERSON
 THAT  INCLUSION  ON  SUCH  LIST  WOULD MAKE SUCH PERSON A NON-RESPONSIVE
 BIDDER OR OFFERER, AND THAT SUCH PERSON MAY APPLY TO  THE  COMMISSIONER,
 OR  TO  A  SUPREME  COURT,  TO BE REMOVED FROM SUCH LIST PURSUANT TO THE
 REQUIREMENTS OF PARAGRAPH (C) OF THIS SUBDIVISION.
   (E) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, A STATE  AGENCY
 MAY PERMIT A PERSON ELECTING NOT TO DISPENSE MIFEPRISTONE TO BE DEEMED A
 RESPONSIVE BIDDER OR OFFERER, ON A CASE-BY-CASE BASIS WITH A STATE AGEN-
 CY IF:
   (I) THE ELECTION NOT TO DISPENSE OF MIFEPRISTONE OCCURRED PRIOR TO THE
 EFFECTIVE  DATE  OF THIS SECTION, SUCH ACTIVITIES HAVE NOT BEEN EXPANDED
 OR RENEWED AFTER THE EFFECTIVE DATE OF THIS SECTION, AND THE PERSON  HAS
 ADOPTED,  PUBLICIZED,  AND  IS  IMPLEMENTING  A  FORMAL PLAN TO DISPENSE
 MIFEPRISTONE; OR
   (II) THE STATE AGENCY MAKES A FORMAL, WRITTEN DETERMINATION  THAT  THE
 COMMODITIES  OR  SERVICES  OFFERED  BY  THE  PERSON  NAMED  ON THIS LIST
 PRODUCED BY THE COMMISSIONER PURSUANT TO PARAGRAPH (B) OF THIS  SUBDIVI-
 SION,  ARE  NECESSARY  FOR THE STATE AGENCY TO PERFORM ITS FUNCTIONS AND
 THAT, ABSENT SUCH AN EXEMPTION, THE STATE  AGENCY  WOULD  BE  UNABLE  TO
 OBTAIN THE COMMODITIES OR SERVICES FOR WHICH THE CONTRACT IS OFFERED.
   3.  (A)  A STATE AGENCY SHALL REQUIRE ALL PERSONS THAT SUBMIT A BID OR
 OFFER IN RESPONSE TO A NOTICE OF PROCUREMENT, OR THAT PROPOSE  TO  RENEW
 AN  EXISTING PROCUREMENT CONTRACT, OR THAT PROPOSE TO ASSUME THE RESPON-
 SIBILITY OF A CONTRACTOR PURSUANT TO A PROCUREMENT CONTRACT,  OR  OTHER-
 WISE  PROPOSE  TO ENTER INTO A CONTRACT WITH A STATE AGENCY WITH RESPECT
 TO A CONTRACT FOR COMMODITIES OR SERVICES TO CERTIFY, AT  THE  TIME  THE
 BID  IS  SUBMITTED,  OR  THE  CONTRACT  IS RENEWED OR ASSIGNED, THAT THE
 PERSON OR THE ASSIGNEE IS NOT  IDENTIFIED  ON  THE  LIST  DEVELOPED  AND
 PUBLISHED  PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION,
 AND ALL STATE AGENCIES SHALL INCLUDE SUCH CERTIFICATION  INFORMATION  IN
 THE PROCUREMENT RECORD.
   (B)  ALL PERSONS THAT SUBMIT A BID OR OFFER IN RESPONSE TO A NOTICE OF
 PROCUREMENT, OR THAT PROPOSE TO RENEW AN EXISTING  PROCUREMENT  CONTRACT
 WITH  A  STATE AGENCY, OR THAT PROPOSE TO ASSUME THE RESPONSIBILITY OF A
 CONTRACTOR PURSUANT TO A PROCUREMENT CONTRACT WITH A  STATE  AGENCY,  OR
 OTHERWISE  PROPOSE  TO  ENTER  INTO  A CONTRACT WITH A STATE AGENCY WITH
 RESPECT TO A CONTRACT FOR COMMODITIES OR  SERVICES  SHALL  CERTIFY  THAT
 THEY  HAVE ELECTED TO DISPENSE MIFEPRISTONE, AND THAT THEY ARE NOT IDEN-
 TIFIED ON THE LIST DEVELOPED AND PUBLISHED PURSUANT TO PARAGRAPH (B)  OF
 SUBDIVISION TWO OF THIS SECTION.
 A. 6311                             3
 
   4.  UPON  RECEIVING INFORMATION THAT A PERSON WHO HAS MADE THE CERTIF-
 ICATION REQUIRED BY SUBDIVISION THREE OF THIS SECTION, IS, IN  FACT,  IN
 VIOLATION  OF  SUCH  CERTIFICATION,  THE  STATE AGENCY SHALL REVIEW SUCH
 INFORMATION, NOTIFY SUCH PERSON AND OFFER THEM AN OPPORTUNITY TO RESPOND
 TO  SUCH  INFORMATION,  WITHIN  THIRTY  DAYS OF SUCH NOTICE, AND IF SUCH
 PERSON FAILS TO DEMONSTRATE  THAT  THEY  HAVE  CEASED  ELECTING  NOT  TO
 DISPENSE  MIFEPRISTONE, THEN, THE STATE AGENCY SHALL TAKE SUCH ACTION AS
 MAY BE APPROPRIATE AND PROVIDED FOR BY LAW, RULE OR CONTRACT, INCLUDING,
 BUT NOT LIMITED TO, NOTIFYING THE COMMISSIONER OF SUCH PERSON'S ELECTION
 NOT TO DISPENSE MIFEPRISTONE, IMPOSING  SANCTIONS,  SEEKING  COMPLIANCE,
 RECOVERING DAMAGES, AND/OR DECLARING SUCH PERSON IN DEFAULT.
   5.  ON  OR  BEFORE  DECEMBER FIFTEENTH, TWO THOUSAND TWENTY-THREE, AND
 EVERY YEAR THEREAFTER, THE COMMISSIONER SHALL  ISSUE  A  REPORT  TO  THE
 GOVERNOR,  THE  COMPTROLLER,  THE TEMPORARY PRESIDENT OF THE SENATE, AND
 THE SPEAKER OF THE ASSEMBLY, ON ALL THE ACTIONS TAKEN, AND ALL  DETERMI-
 NATIONS  MADE, BY THE COMMISSIONER PURSUANT TO THIS SECTION, AND ANY AND
 ALL RULES OR REGULATIONS ADOPTED.
   § 2. The retirement and social security law is amended by adding a new
 section 423-d to read as follows:
   § 423-D. PROHIBITION ON INVESTMENT OF CERTAIN PUBLIC FUNDS IN  PERSONS
 THAT ELECT NOT TO DISPENSE MIFEPRISTONE. 1. AS USED IN THIS SECTION, THE
 FOLLOWING DEFINITIONS SHALL APPLY:
   (A) "ELECTS NOT TO DISPENSE MIFEPRISTONE" SHALL MEAN ANY PERSON CERTI-
 FIED  BY  THE  UNITED  STATES  FOOD  AND DRUG ADMINISTRATION TO DISPENSE
 MIFEPRISTONE WHO IS NOT CONSTRAINED BY ANY STATE OR LOCAL LAWS OR  REGU-
 LATIONS  IN THE JURISDICTIONS IN WHICH THEY OPERATE TO DISPENSE MIFEPRI-
 STONE, BUT WHO DECIDES INDEPENDENTLY NOT TO DISPENSE MIFEPRISTONE.
   (B) "PERSON" SHALL  MEAN  ANY  NATURAL  PERSON,  CORPORATION,  LIMITED
 LIABILITY  COMPANY,  UNINCORPORATED  ASSOCIATION OR ANY OTHER NONGOVERN-
 MENTAL ENTITY,  ORGANIZATION,  OR  GROUP,  OR  ANY  SUCCESSOR,  SUBUNIT,
 PARENT, OR SUBSIDIARY OF THE SAME.
   2.  (A)  ANY PERSON THAT IS IDENTIFIED ON THE LIST CREATED PURSUANT TO
 PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-FIVE-B  OF
 THE  STATE  FINANCE  LAW,  AS BEING A PERSON THAT ELECTS NOT TO DISPENSE
 MIFEPRISTONE, SHALL NOT BE ELIGIBLE TO RECEIVE INVESTMENT OF ANY  MONEYS
 OR  ASSETS  OF  THE  COMMON RETIREMENT FUND IN ANY STOCKS, SECURITIES OR
 OTHER OBLIGATIONS OF SUCH PERSON SO IDENTIFIED ON  SUCH  LIST  DEVELOPED
 AND PUBLISHED BY THE COMMISSIONER OF GENERAL SERVICES.
   (B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NO ASSETS OF
 ANY  PENSION  OR ANNUITY FUND UNDER THE JURISDICTION OF THE COMPTROLLER,
 SHALL FURTHER BE INVESTED IN ANY BANK  OR  FINANCIAL  INSTITUTION  WHICH
 DIRECTLY,  OR  THROUGH  A  PARENT  OR  SUBSIDIARY ELECTS NOT TO DISPENSE
 MIFEPRISTONE AND NO SUCH ASSETS  SHALL  OTHERWISE  BE  INVESTED  IN  THE
 STOCKS, SECURITIES OR OTHER OBLIGATIONS OF ANY PERSON WHICH DIRECTLY, OR
 THROUGH  A  PARENT OR SUBSIDIARY ENTITY, ELECTS NOT TO DISPENSE MIFEPRI-
 STONE.
   3. THE COMPTROLLER SHALL TAKE  APPROPRIATE  ACTION  TO  SELL,  REDEEM,
 DIVEST OR WITHDRAW ANY INVESTMENT HELD IN VIOLATION OF THE PROVISIONS OF
 THIS  SECTION. THIS SECTION SHALL NOT BE CONSTRUED TO REQUIRE THE PREMA-
 TURE OR OTHERWISE IMPRUDENT SALE, REDEMPTION, DIVESTMENT  OR  WITHDRAWAL
 OF  AN  INVESTMENT,  BUT  SUCH  SALE,  DIVESTMENT OR WITHDRAWAL SHALL BE
 COMPLETED NO LATER THAN THREE YEARS FOLLOWING THE EFFECTIVE DATE OF THIS
 SECTION.
   4. ON OR BEFORE DECEMBER FIFTEENTH,  TWO  THOUSAND  TWENTY-THREE,  AND
 EVERY  YEAR  THEREAFTER,  THE  COMPTROLLER  SHALL  ISSUE A REPORT TO THE
 GOVERNOR, THE COMMISSIONER OF GENERAL SERVICES, THE TEMPORARY  PRESIDENT
 A. 6311                             4

 OF  THE  SENATE,  AND  THE  SPEAKER  OF THE ASSEMBLY, ON ALL THE ACTIONS
 TAKEN, AND ALL DETERMINATIONS MADE, BY THE COMPTROLLER, PURSUANT TO THIS
 SECTION, AND ANY AND ALL RULES OR REGULATIONS ADOPTED.
   § 3. This act shall take effect immediately.