NY State Senate Bill 2023-S4866

Current Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to finance
Feb 16, 2023	referred to finance

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2023-S4866 (ACTIVE) - Details

See Assembly Version of this Bill:: A1279
Current Committee:: Senate Finance
Law Section:: Appropriations
Laws Affected:: Add §99-qq, St Fin L; add §§209-q & 630-l, Tax L
Versions Introduced in 2021-2022 Legislative Session:: A9138

2023-S4866 (ACTIVE) - Summary

Establishes the child victims act fund which provides grant awards in reimbursement to public school districts and voluntary foster care agencies located within the state who have been named as defendants in certain child sexual abuse legal cases and in which 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, there was a monetary judgment issued or settlement agreement with regard to such action and 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.

2023-S4866 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4866

SPONSOR: COONEY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To create the Child Victims Act Fund to allow public school districts
and voluntary foster care agencies to apply for reimbursement for judg-
ments or settlements paid in a Child Victim Act lawsuit that are not
covered by insurance and that place a substantial burden on the
districts' or agencies' ability to execute its mission and negatively
impact its existing population or services.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 99-0o to the Finance Law. This bill creates
a special fund to be known as the "Child Victims Act Fund" which will

provide reimbursement to public school districts and voluntary foster
care agencies who paid judgments or settlement in lawsuits brought under
the Child Victims Act if certain conditions are met. Specifically,
reimbursement is only eligible to public school districts and voluntary
foster care agencies that can demonstrate: there was no insurance policy
for the dates alleged in the lawsuit and a good faith effort to locate
such policy has been made; there was a money judgment issued or settle-
ment agreement entered into in such lawsuit; and the district or agency
can demonstrate that payment in full of such judgment or settlement
would place a substantial burden on its ability to execute its mission
and would negatively impact its existing population or services. The
bill further provides for reporting requirements of the activities of
the Fund.

Sections 2 and 3 add new sections 209-p and 630-k to the Tax Law, which
allows individuals and corporations to elect to contribute to the amount
of the Fund on their annual tax state tax return.

Section 4 appropriates $200,000,000 or so much thereof as necessary to
the Fund.

Section 5 of this bill is the effective date.

 
JUSTIFICATION:

The Child Victims Act Fund would reimburse public school districts or
voluntary foster care agencies where a judgment or settlement of a Child
Victim Act lawsuit placed a substantial burden on its ability to execute
its mission and negatively impacted its existing population or services.
Article IX § 1 of the New York State Constitution mandates that "the
legislature shall provide for the maintenance and support of a system of
free common schools, wherein all the children of this state may be
educated." New York State also enacted a comprehensive system to ensure
children who have experienced abuse and neglect can be removed from
their situation and placed with safe guardians via the foster system.
The Legislature has taken these charges seriously and has done its

utmost to ensure the children of New York receive a quality education
and uninhibited access to safe foster care.

The Legislature also enabled victims and survivors of child sex abuse to
seek the justice they so richly deserve with passage of the Child Victim
Act ("CVA"). Unfortunately, the actions of immoral predators placed
these two goals in conflict when public school districts and voluntary
foster care agencies face serious financial harm by paying just compen-
sation to these victims and survivors. The Child Victims Act Fund would
vitiate this conflict with no negative consequences to our current
students and our past victims and survivors.

At the close of the CVA lookback, approximately 10,000 lawsuits had been
filed against a myriad of organizations. "The volume of claims prompted
four of the state's eight Catholic Dioceses to file for bankruptcy
protection, as did the Boy Scouts of America."' Similar difficult choic-
es may await public school districts and voluntary foster care agencies.
For example, between 2014 and 2019, the Los Angeles Unified School
District settled cases for a total of almost $300,000,000; however, this
money was covered by insurance.  (2) Unfortunately, due to the age of
some the filed claims, there are many cases in New York where no insur-
ance coverage can be discovered.

The Kenmore-Town of Tonawanda Union Free School District faces 37 CVA
lawsuits for incidents between 1965 and 1989 and for which it has no
insurance coverage to pay damages. Buffalo Public Schools report there
is no insurance coverage for 27 CVA lawsuits. The Niagara Falls City and
Rochester City School Districts face similar problems - depending on the
dates of the alleged incidents, there exists complete coverage, partial
coverage, or no coverage at all. "Dozens, if not hundreds, of other
school districts throughout the state could find themselves in the same
situation, according to Jay Worona, deputy executive director and gener-
al counsel of the New York State School Boards Association.  "3 Based on
industry estimates, voluntary foster agencies are facing almost 900 CVA
claims, almost 50% for which no insurance coverage exists to pay
damages.

The Child Victims Act Fund will allow public school districts and volun-
tary foster care agencies who would otherwise be forced to close or
severely cut services.  to their students to remain operational while
still providing compensation for the survivors who sought justice under
the CVA. The $200 million appropriated to the fund is a small amount to
pay to achieve such notable goals; indeed, the fund is equal to only
0.09% of the estimated $220 billion appropriated in FY2022-23 enacted
budget.

 
LEGISLATIVE HISTORY:

A.9138A of 2021-22: referred to Ways & Means

 
FISCAL IMPLICATIONS:

$200,000,000, or so much thereof as may be necessary.

 
EFFECTIVE DATE:
This act shall take effect immediately.
(1) Sean Lohman,.Diana Dombrowski & Saba Ali, Child abuse survivors wait
for justice, healing as CVA deadline passes with nearly 10K lawsuits
filed, DEMOCRAT& CHRONICLE (Aug. 13, 2021 5:02 AM),
https://www.democratandchronicle.com
/story/news/2021/08/13/child-victims -act-new-yorkdeadlinepasses -thou-
sands-lawsuits-filed/ 5553602001/.
(2) Anna Gronewold, Some educators worried about cost as Child Victims
Act nears approval, POLITICO (Jan. 28, 2019 5:02 AM),
haps://www.politico.comistates /new-york/albany/story/2019/01/28/ somee-
ducators-worried-aboutcostas -child-victims-act-nears- approval-815635.
(3) Dan Herbeck, School districts say they are uninsured for Child
Victims Act damages, face fiscal crisis, BUFFALO NEWS (Nov. 14, 2021),
haps://buffalonews.com/news/local/education /school-districts-say-
theyare-uninsured-for-child-victimsact
-damages-face-fiscal-crisis/article_f38c 73fa-43e9-llec-bec3-
4373b9de057f.html.

2023-S4866 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4866
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2023
                                ___________
 
 Introduced  by  Sen.  COONEY -- 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  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-qq to read as follows:
   § 99-QQ. 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-Q  AND  SIX  HUNDRED THIRTY-L 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01911-01-3
 S. 4866                             2

 
   (A) THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD  PROCESS
 FOR SUCH DISBURSEMENT;
   (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-q to read as
 follows:
   § 209-Q. GIFT FOR THE CHILD VICTIMS ACT FUND. EFFECTIVE  FOR  ANY  TAX
 YEAR  COMMENCING  ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, 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-QQ OF THE STATE FINANCE LAW.
   §  3.  The tax law is amended by adding a new section 630-l to read as
 follows:
   § 630-L. GIFT FOR THE CHILD VICTIMS ACT FUND. EFFECTIVE  FOR  ANY  TAX
 YEAR  COMMENCING  ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, 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-QQ OF THE STATE FINANCE LAW.
 S. 4866                             3
 
   § 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
 act  fund  as established pursuant to section 99-qq 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.

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Senate Bill S4866

Sponsored By

Current Bill Status - In Senate Committee Finance Committee

co-Sponsors

2023-S4866 (ACTIVE) - Details

2023-S4866 (ACTIVE) - Summary

2023-S4866 (ACTIVE) - Sponsor Memo

2023-S4866 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4866

Share this bill

Sponsored By

Current Bill Status - In Senate Committee Finance Committee

co-Sponsors

2023-S4866 (ACTIVE) - Details

2023-S4866 (ACTIVE) - Summary

2023-S4866 (ACTIVE) - Sponsor Memo

2023-S4866 (ACTIVE) - Bill Text download pdf

Comments