Bill Text: NY A01473 | 2023-2024 | General Assembly | Introduced


Bill Title: Establishes the abortion access fund; allows for individuals to designate a gift to the fund on their personal income tax returns.

Spectrum: Partisan Bill (Democrat 34-0)

Status: (Introduced) 2024-01-03 - referred to ways and means [A01473 Detail]

Download: New_York-2023-A01473-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1473

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced  by  M.  of  A.  REYES, WALKER, SIMON, L. ROSENTHAL, EPSTEIN,
          CRUZ, LAVINE,  SEAWRIGHT,  GLICK,  HEVESI,  OTIS,  ZINERMAN,  BURDICK,
          GALLAGHER,  ANDERSON,  JACKSON,  BURGOS, KELLES, CARROLL, JEAN-PIERRE,
          GONZALEZ-ROJAS, JACOBSON -- read once and referred to the Committee on
          Ways and Means

        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:

     1    Section 1.  The state finance law is amended by adding a  new  section
     2  99-qq to  read as follows:
     3    §  99-qq.  Abortion access fund. 1. There is hereby established in the
     4  joint custody of the comptroller  and  the  commissioner  of  health,  a
     5  special fund to be known as the "abortion access fund".
     6    2.  Such  fund  shall consist of all revenues received pursuant to the
     7  provisions of section six hundred thirty-l of the tax law, and all other
     8  monies appropriated, credited, or transferred  thereto  from  any  other
     9  fund  or source pursuant to law. Nothing contained  herein shall prevent
    10  the state from receiving grants, gifts or bequests for the  purposes  of
    11  the  fund  as  defined in this section and depositing them into the fund
    12  according to law.
    13    3. a. On or before the first day of  February  each  year,  the  comp-
    14  troller  shall certify in a report to the governor, the temporary presi-
    15  dent of the senate, the speaker of the    assembly,  the  chair  of  the
    16  senate  finance  committee  and the chair of the assembly ways and means
    17  committee, the amount of money deposited in  the  abortion  access  fund
    18  during  the  preceding  calendar  year  as the result of revenue derived
    19  pursuant to section six hundred thirty-l of the tax law and from grants,
    20  gifts and bequests. Such report shall include how the monies of the fund
    21  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.
                                                                   LBD05531-01-3

        A. 1473                             2

     1    (i) the amount of money disbursed from the fund and the award  process
     2  used for such disbursements;
     3    (ii) recipients of awards from the fund;
     4    (iii) the amount awarded to each;
     5    (iv) the purposes for which such awards were granted; and
     6    (v) a summary financial plan for such monies which shall include esti-
     7  mates  of  all receipts and disbursements for the current and succeeding
     8  fiscal years, along with the actual results from the prior fiscal year.
     9    b. Amounts expended for abortion access funds pursuant to this section
    10  shall not affect the amount that would  otherwise  be  appropriated  for
    11  abortion access funds under any other provision of law.
    12    c.  The  state shall not request, promulgate regulations to, or other-
    13  wise require, any non-profit  organization  receiving  monies  from  the
    14  abortion  access  fund to divulge the name, address, photograph, license
    15  number, email address, phone number, or any other personally identifying
    16  information of any employee, contractor, or volunteer of such  organiza-
    17  tion,  or any patient, or individual who sought or received funding from
    18  such organization.
    19    d. Any non-profit  organization  receiving  funds  from  the  abortion
    20  access fund shall take all necessary steps to ensure the confidentiality
    21  of the individuals receiving services.
    22    4.  Monies  of  the  fund shall be expended, pursuant to a request for
    23  proposals issued  by the commissioner of health, to fund the operational
    24  and  programmatic  expenses  of  not-for-profit  entities  that  provide
    25  support  to  individuals  in  need  of  abortion services, by addressing
    26  financial and logistical barriers that  prevent  access  to  care.  This
    27  shall  include,  but is not limited to, funding for medical services and
    28  logistical costs.
    29    5. Monies shall be payable from the fund on the audit and  warrant  of
    30  the  comptroller  on vouchers approved and certified by the commissioner
    31  of health.
    32    6. Nothing in this section shall be construed to authorize  the  state
    33  or  any agency of the state, to request or require any information other
    34  than information required in  paragraph a of subdivision three  of  this
    35  section, from the award recipients of the abortion access fund.
    36    §  2. The   tax  law is amended by adding a new section 630-l to  read
    37  as follows:
    38    § 630-l. Gift to the abortion access fund. Effective for any tax  year
    39  commencing   on  or  after  January  first, two thousand twenty-five, an
    40  individual in any taxable year may  elect to contribute to the  abortion
    41  access  fund.  Such contribution shall be in any whole dollar amount and
    42  shall not reduce the amount of state tax owed by  such individual.   The
    43  commissioner  shall  include  space on the personal income tax return to
    44  enable a taxpayer to make such contribution. The commissioner shall also
    45  ensure that a description of the abortion access fund is included within
    46  the tax form preparation instruction booklet.  Notwithstanding any other
    47  provision of law, all revenues collected pursuant to this section  shall
    48  be credited to the abortion access fund and shall be used only for those
    49  purposes  enumerated in section ninety-nine-qq of the state finance law.
    50    § 3. This act shall take effect immediately.
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