Assembly Bill A11591

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11591
 
                           I N  A S S E M B L Y
 
                               June 5, 2026
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lavine) --
   read once and referred to the Committee on Ways and Means
 
 AN ACT to amend the tax law, in relation to assessing a tax  on  compen-
   sation  payments  from  certain  federal  programs,  settlement funds,
   reimbursements and pardon-related  compensation  initiatives;  and  to
   amend  the  state  finance law, in relation to establishing the public
   harm mitigation fund
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  tax  law is amended by adding a new section 603-a to
 read as follows:
   § 603-A. PUBLIC HARM MITIGATION ASSESSMENT TAX.   IN ADDITION  TO  ANY
 OTHER  TAX  IMPOSED  BY  THIS  ARTICLE, THERE IS HEREBY IMPOSED FOR EACH
 TAXABLE YEAR A SEPARATE TAX ASSESSMENT ON COVERED COMPENSATION  PAYMENTS
 RECEIVED BY ANY RESIDENT INDIVIDUAL, ESTATE OR TRUST DURING SUCH TAXABLE
 YEAR  RECEIVED  FROM ANY FEDERAL PROGRAM, SETTLEMENT FUND, REIMBURSEMENT
 PROGRAM, PARDON-RELATED COMPENSATION  INITIATIVE  OR  SIMILAR  FEDERALLY
 FUNDED  MECHANISM ESTABLISHED TO COMPENSATE INDIVIDUALS FOR CLAIMS ARIS-
 ING FROM INVESTIGATION, PROSECUTION, INCARCERATION, PARDON,  COMMUTATION
 OR ALLEGED POLITICAL TARGETING CONNECTED TO CONDUCT DURING THE EVENTS OF
 JANUARY  SIXTH,  TWO  THOUSAND  TWENTY-ONE  AT THE UNITED STATES CAPITOL
 BUILDING. SUCH TAX ASSESSMENT SHALL BE EQUAL TO ONE HUNDRED  PERCENT  OF
 THE  GROSS  AMOUNT OF SUCH COMPENSATION PAYMENT AND SHALL NOT BE REDUCED
 PURSUANT TO ANY DEDUCTION, EXEMPTION,  OR  CREDIT  OTHERWISE  AUTHORIZED
 PURSUANT TO LAW.
   §  2.   The state finance law is amended by adding a new section 92-kk
 to read as follows:
   § 92-KK. PUBLIC HARM MITIGATION FUND. 1. THERE IS  HEREBY  ESTABLISHED
 IN  THE  JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF
 TAXATION AND FINANCE A FUND TO BE KNOWN AS THE  PUBLIC  HARM  MITIGATION
 FUND.
   2.  THE  PUBLIC  HARM  MITIGATION  FUND  SHALL CONSIST OF THE REVENUES
 DERIVED FROM THE  PUBLIC  HARM  MITIGATION  ASSESSMENT  TAX  IMPOSED  BY
 SECTION SIX HUNDRED THREE-A OF THE TAX LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16023-01-6
 A. 11591                            2
 
   3.  MONEYS  IN  THE PUBLIC HARM MITIGATION FUND SHALL BE KEPT SEPARATE
 AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF  THE
 STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE AND SHALL
 ONLY BE EXPENDED FOR THE PURPOSES SET FORTH IN THIS SECTION.
   4.  MONEYS  IN  THE  FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
 SHALL BE ADMINISTERED BY THE DEPARTMENT OF HOMELAND SECURITY  AND  EMER-
 GENCY SERVICES FOR:
   (A) SERVICES FOR VICTIMS OF POLITICAL VIOLENCE AND DOMESTIC EXTREMISM;
   (B) SECURITY AND PREPAREDNESS INITIATIVES PROTECTING DEMOCRATIC INSTI-
 TUTIONS AND ELECTION INFRASTRUCTURE; AND
   (C)  IN  CONSULTATION AND COORDINATION WITH THE COMMISSIONER OF EDUCA-
 TION, GRANTS FOR EDUCATIONAL PROGRAMMING AND INSTRUCTIONAL MATERIALS  TO
 SUPPORT  CIVIC EDUCATION AND HISTORICAL INSTRUCTION INITIATIVES CONCERN-
 ING THE JANUARY SIXTH, TWO THOUSAND  TWENTY-ONE  ATTACK  ON  THE  UNITED
 STATES CAPITOL AND THE IMPORTANCE OF CONSTITUTIONAL GOVERNANCE AND DEMO-
 CRATIC INSTITUTIONS.
   5.  ANY  MONEYS  REMAINING  IN  THE FUND AT THE END OF ANY FISCAL YEAR
 SHALL BE RETAINED BY SUCH FUND FOR EXPENDITURE IN A SUCCEEDING YEAR.
   § 3. This act shall take effect immediately.