S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    758
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. BIAGGI, HOYLMAN, KRUEGER, LIU, MYRIE, RAMOS, SALAZAR
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Finance
 
 AN  ACT  to  amend the state finance law and the tax law, in relation to
   establishing the abortion access fund and allowing taxpayers to make a
   gift to such fund on their personal income tax returns
 
   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
 99-ii to  read as follows:
   § 99-II. ABORTION ACCESS FUND. 1. THERE IS HEREBY ESTABLISHED  IN  THE
 JOINT  CUSTODY  OF  THE  COMPTROLLER  AND  THE COMMISSIONER OF HEALTH, A
 SPECIAL FUND TO BE KNOWN AS THE "ABORTION ACCESS FUND".
   2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED  PURSUANT  TO  THE
 PROVISIONS OF SECTION SIX HUNDRED THIRTY-I OF THE TAX LAW, AND ALL OTHER
 MONIES  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.
   3.  A.  ON  OR  BEFORE  THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMP-
 TROLLER SHALL CERTIFY IN A REPORT TO THE GOVERNOR, THE TEMPORARY  PRESI-
 DENT  OF  THE  SENATE,  THE  SPEAKER OF THE   ASSEMBLY, THE CHAIR OF THE
 SENATE FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY  WAYS  AND  MEANS
 COMMITTEE,  THE  AMOUNT  OF  MONEY DEPOSITED IN THE ABORTION ACCESS FUND
 DURING THE PRECEDING CALENDAR YEAR AS  THE  RESULT  OF  REVENUE  DERIVED
 PURSUANT  TO  SECTION  SIX  HUNDRED  THIRTY-I  OF  THE  TAX LAW AND FROM
 GRANTS,_GIFTS AND BEQUESTS. SUCH REPORT SHALL INCLUDE HOW THE MONIES  OF
 THE  FUND  WERE  UTILIZED  DURING THE PRECEDING CALENDAR YEAR, AND SHALL
 INCLUDE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00114-02-1

 S. 758                              2
 
   (I) THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD  PROCESS
 USED FOR SUCH DISBURSEMENTS;
   (II) RECIPIENTS OF AWARDS FROM THE FUND;
   (III) THE AMOUNT AWARDED TO EACH;
   (IV) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
   (V) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
 MATES  OF  ALL RECEIPTS AND DISBURSEMENTS FOR THE CURRENT AND SUCCEEDING
 FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM THE PRIOR FISCAL YEAR.
   B. AMOUNTS EXPENDED FOR ABORTION ACCESS FUNDS PURSUANT TO THIS SECTION
 SHALL NOT AFFECT THE AMOUNT THAT WOULD  OTHERWISE  BE  APPROPRIATED  FOR
 ABORTION ACCESS FUNDS UNDER ANY OTHER PROVISION OF LAW.
   C.  THE  STATE SHALL NOT REQUEST, PROMULGATE REGULATIONS TO, OR OTHER-
 WISE REQUIRE, ANY NON-PROFIT  ORGANIZATION  RECEIVING  MONIES  FROM  THE
 ABORTION  ACCESS  FUND TO DIVULGE THE NAME, ADDRESS, PHOTOGRAPH, LICENSE
 NUMBER, EMAIL ADDRESS, PHONE NUMBER, OR ANY OTHER PERSONALLY IDENTIFYING
 INFORMATION OF ANY EMPLOYEE, CONTRACTOR, OR VOLUNTEER OF SUCH  ORGANIZA-
 TION,  OR ANY PATIENT, OR INDIVIDUAL WHO SOUGHT OR RECEIVED FUNDING FROM
 SUCH ORGANIZATION.
   D. ANY NON-PROFIT  ORGANIZATION  RECEIVING  FUNDS  FROM  THE  ABORTION
 ACCESS FUND SHALL TAKE ALL NECESSARY STEPS TO ENSURE THE CONFIDENTIALITY
 OF THE INDIVIDUALS RECEIVING SERVICES.
   4.  MONIES  OF  THE  FUND SHALL BE EXPENDED, PURSUANT TO A REQUEST FOR
 PROPOSALS ISSUED  BY THE COMMISSIONER OF HEALTH, TO FUND THE OPERATIONAL
 AND  PROGRAMMATIC  EXPENSES  OF  NOT-FOR-PROFIT  ENTITIES  THAT  PROVIDE
 SUPPORT  TO  INDIVIDUALS  IN  NEED  OF  ABORTION SERVICES, BY ADDRESSING
 FINANCIAL AND LOGISTICAL BARRIERS THAT  PREVENT  ACCESS  TO  CARE.  THIS
 SHALL  INCLUDE,  BUT IS NOT LIMITED TO, FUNDING FOR MEDICAL SERVICES AND
 LOGISTICAL COSTS.
   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. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AUTHORIZE  THE  STATE
 OR  ANY AGENCY OF THE STATE, TO REQUEST OR REQUIRE ANY INFORMATION OTHER
 THAN INFORMATION REQUIRED IN  PARAGRAPH A OF SUBDIVISION THREE  OF  THIS
 SECTION, FROM THE AWARD RECIPIENTS OF THE ABORTION ACCESS FUND.
   §  2. The   tax  law is amended by adding a new section 630-i to  read
 as follows:
   § 630-I. GIFT TO THE ABORTION ACCESS FUND. 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  ABORTION
 ACCESS  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 COMMISSIONER SHALL ALSO
 ENSURE THAT A DESCRIPTION OF THE ABORTION ACCESS FUND IS INCLUDED WITHIN
 THE TAX FORM PREPARATION INSTRUCTION BOOKLET.  NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW, ALL REVENUES COLLECTED PURSUANT TO THIS SECTION  SHALL
 BE CREDITED TO THE ABORTION ACCESS FUND AND SHALL BE USED ONLY FOR THOSE
 PURPOSES  ENUMERATED IN SECTION NINETY-NINE-II OF THE STATE FINANCE LAW.
   § 3. This act shall take effect immediately.