S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9138--A
 
                           I N  A S S E M B L Y
 
                             January 31, 2022
                                ___________
 
 Introduced by M. of A. LUNSFORD, CONRAD, HUNTER, GALEF, WALLACE, NIOU --
   read once and referred to the Committee on Ways and Means -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend the state finance law and the tax law, in relation to
   establishing the child victims act fund; and making  an  appropriation
   therefor

   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-pp to read as follows:
   § 99-PP. CHILD VICTIMS ACT FUND. 1. THERE IS HEREBY ESTABLISHED IN THE
 JOINT  CUSTODY  OF  THE  COMMISSIONER OF TAXATION AND FINANCE, THE COMP-
 TROLLER, AND THE  COMMISSIONER  OF  THE  DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES,  A  SPECIAL  FUND TO BE KNOWN AS THE "CHILD VICTIMS ACT FUND".
 MONIES IN THE FUND SHALL BE KEPT SEPARATE FROM AND NOT  COMMINGLED  WITH
 OTHER FUNDS.
   2. SUCH FUNDS SHALL CONSIST OF THE REVENUES RECEIVED BY THE DEPARTMENT
 OF  TAXATION  AND  FINANCE,  PURSUANT  TO THE PROVISIONS OF SECTIONS TWO
 HUNDRED NINE-P AND 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 IN THIS SECTION  SHALL
 PREVENT  THE  STATE  FROM  RECEIVING  GRANTS, GIFTS, OR BEQUESTS FOR THE
 PURPOSE OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM  INTO
 THE FUND ACCORDING TO LAW.
   3.  ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSIONER
 OF THE DIVISION OF CRIMINAL JUSTICE SERVICES  SHALL  PROVIDE  A  WRITTEN
 REPORT  TO  THE  TEMPORARY  PRESIDENT  OF THE SENATE, THE SPEAKER OF THE
 ASSEMBLY, THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE  CHAIR  OF  THE
 ASSEMBLY WAYS AND MEANS COMMITTEE, THE COMPTROLLER, AND THE PUBLIC. SUCH
 REPORT SHALL INCLUDE HOW THE MONIES OF THE FUND WERE UTILIZED DURING THE
 PRECEDING CALENDAR YEAR, AND SHALL INCLUDE:
   (A)  THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD PROCESS
 FOR SUCH DISBURSEMENT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14114-06-2
 A. 9138--A                          2
 
   (B) RECIPIENTS OF AWARDS FROM THE FUND;
   (C) THE AMOUNT AWARDED TO EACH RECIPIENT;
   (D) THE PURPOSE FOR WHICH SUCH AWARDS WERE GRANTED; AND
   (E) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
 MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
 ING  FISCAL  YEARS,  ALONG WITH THE ACTUAL RESULTS FROM THE PRIOR FISCAL
 YEAR.
   4. MONIES OF THE FUND SHALL  BE  EXPENDED  ONLY  IN  REIMBURSEMENT  TO
 PUBLIC SCHOOL DISTRICTS AND VOLUNTARY FOSTER CARE AGENCIES LOCATED WITH-
 IN  THE  STATE  OF  NEW  YORK WHO HAVE BEEN NAMED AS DEFENDANTS IN LEGAL
 ACTIONS PURSUANT TO SECTION TWO HUNDRED FOURTEEN-G OF THE CIVIL PRACTICE
 LAW AND RULES AND IN WHICH:
   (A) IT CAN BE DEMONSTRATED BY THE PUBLIC SCHOOL DISTRICT OR  VOLUNTARY
 FOSTER  CARE  AGENCY THAT NO INSURANCE POLICY FOR THE COVERED PERIOD CAN
 BE LOCATED AFTER A GOOD-FAITH EFFORT TO DO SO HAS BEEN MADE;
   (B) WHERE THERE WAS A MONETARY JUDGMENT ISSUED OR SETTLEMENT AGREEMENT
 WITH REGARD TO SUCH ACTION; AND
   (C) WHERE IT CAN BE DEMONSTRATED BY  THE  PUBLIC  SCHOOL  DISTRICT  OR
 VOLUNTARY  FOSTER  CARE  AGENCY THAT PAYMENT IN FULL OF SUCH JUDGMENT OR
 SETTLEMENT WOULD PUT A SUBSTANTIAL BURDEN ON THE DISTRICT'S OR  AGENCY'S
 ABILITY  TO  EXECUTE  ITS  MISSION  AND  NEGATIVELY  IMPACT ITS EXISTING
 STUDENT POPULATION.
   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 THE DIVISION OF CRIMINAL JUSTICE SERVICES.
   6. TO THE EXTENT PRACTICABLE, THE  COMMISSIONER  OF  THE  DIVISION  OF
 CRIMINAL JUSTICE SERVICES SHALL ENSURE THAT ALL MONIES RECEIVED DURING A
 FISCAL YEAR ARE EXPENDED PRIOR TO THE END OF THAT FISCAL YEAR.
   §  2.  The tax law is amended by adding a new section 209-p to read as
 follows:
   § 209-P. GIFT FOR THE CHILD VICTIMS ACT FUND. EFFECTIVE  FOR  ANY  TAX
 YEAR  COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-THREE, A
 TAXPAYER IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE  SUPPORT  OF
 THE  CHILD  VICTIMS  ACT  FUND.  SUCH CONTRIBUTION SHALL BE IN ANY WHOLE
 DOLLAR AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF THE STATE TAX  OWED  BY
 SUCH  TAXPAYER.  THE  COMMISSIONER  SHALL INCLUDE SPACE ON THE CORPORATE
 INCOME TAX RETURN TO  ENABLE  A  TAXPAYER  TO  MAKE  SUCH  CONTRIBUTION.
 NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  ALL REVENUES COLLECTED
 PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE CHILD VICTIMS ACT FUND
 AND SHALL BE USED ONLY FOR THE PURPOSES ENUMERATED  IN  SECTION  NINETY-
 NINE-PP OF THE STATE FINANCE LAW.
   §  3.  The tax law is amended by adding a new section 630-k to read as
 follows:
   § 630-K. GIFT FOR THE CHILD VICTIMS ACT FUND. EFFECTIVE  FOR  ANY  TAX
 YEAR  COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-THREE, A
 TAXPAYER IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE  SUPPORT  OF
 THE  CHILD  VICTIMS  ACT  FUND.  SUCH CONTRIBUTION SHALL BE IN ANY WHOLE
 DOLLAR AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF THE STATE TAX  OWED  BY
 SUCH  TAXPAYER.  THE  COMMISSIONER  SHALL  INCLUDE SPACE ON THE PERSONAL
 INCOME TAX RETURN TO  ENABLE  A  TAXPAYER  TO  MAKE  SUCH  CONTRIBUTION.
 NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  ALL REVENUES COLLECTED
 PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE CHILD VICTIMS ACT FUND
 AND SHALL BE USED ONLY FOR THE PURPOSES ENUMERATED  IN  SECTION  NINETY-
 NINE-PP OF THE STATE FINANCE LAW.
   § 4. The sum of two hundred million dollars ($200,000,000), or so much
 thereof as may be necessary, is hereby appropriated to the child victims
 A. 9138--A                          3
 
 act  fund  as established pursuant to section 99-pp of the state finance
 law from any moneys in the state treasury not otherwise appropriated and
 made immediately available to the division of criminal justice  services
 for the purposes of carrying out the provisions of this act. Such moneys
 shall be payable on the audit and warrant of the comptroller on vouchers
 certified  or  approved by the commissioner of criminal justice services
 in the manner prescribed by law.
   § 5. This act shall take effect immediately.