Bill Text: NY A02047 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires certain final judgments, involving public funds disbursed for legislative initiatives, to require payments of three-fold the amount or value of the state-owned or held property at issue.
Spectrum: Partisan Bill (Republican 29-1)
Status: (Introduced - Dead) 2012-06-05 - held for consideration in judiciary [A02047 Detail]
Download: New_York-2011-A02047-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2047
2011-2012 Regular Sessions
I N A S S E M B L Y
January 11, 2011
___________
Introduced by M. of A. TEDISCO, HAYES, KOLB -- Multi-Sponsored by -- M.
of A. AMEDORE, BARCLAY, BOYLE, BURLING, BUTLER, CALHOUN, CONTE,
CROUCH, DUPREY, FINCH, FITZPATRICK, GIGLIO, HAWLEY, JORDAN, P. LOPEZ,
McDONOUGH, McKEVITT, J. MILLER, MOLINARO, OAKS, RABBITT, RAIA,
REILICH, SALADINO, SAYWARD, SPANO, THIELE -- read once and referred to
the Committee on Judiciary
AN ACT to amend the executive law and the state finance law, in relation
to amount of judgment in an action by the people for illegal receipt
or disposition of public funds or other property
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 3 of section 63-c of the executive law, as
2 added by chapter 310 of the laws of 1962, is amended to read as follows:
3 3. Any court of the state in which an action is brought by the state,
4 as prescribed in this section, may direct, by the final judgment there-
5 in, or by a subsequent order, that any money, funds, damages, credits,
6 or other property, recovered by or awarded to the plaintiff therein,
7 which, if that action had not been brought, would not have vested in the
8 state, be disposed of, as justice requires, in such a manner as to rein-
9 state the lawful custody thereof, or to apply the same or the proceeds
10 thereof to the objects and purposes for which they were authorized to be
11 raised or procured; after paying into the state treasury out of the
12 proceeds of the recovery all expenses incurred by the state in the
13 action. FURTHERMORE, THE COURT SHALL DIRECT IN A FINAL JUDGMENT OR
14 SUBSEQUENT ORDER AWARDING MONEY, FUNDS, CREDIT OR OTHER PROPERTY TO THE
15 PLAINTIFF THEREIN WHERE THE STATE-OWNED OR HELD MONEY, FUNDS, CREDIT OR
16 OTHER PROPERTY CONSTITUTED FUNDING OR SUPPORT FOR LEGISLATIVE INITI-
17 ATIVES PAYMENT INTO THE STATE TREASURY OF AN AMOUNT EQUAL TO THREE-FOLD
18 THE AMOUNT OR VALUE OF SUCH STATE-OWNED OR HELD MONEY, FUNDS, CREDIT OR
19 PROPERTY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02196-01-1
A. 2047 2
1 S 2. Subdivision 1 of section 123-e of the state finance law, as added
2 by chapter 827 of the laws of 1975, is amended to read as follows:
3 1. The court may grant equitable or declaratory relief, or both,
4 including, but not limited to: enjoining the activity complained of;
5 restitution to the state of those public funds disbursed or public prop-
6 erty alienated, INCLUDING IN THE CASE OF PUBLIC FUNDS DISBURSED FOR
7 LEGISLATIVE INITIATIVES, COMPELLING PAYMENT OF AN AMOUNT EQUAL TO
8 THREE-FOLD THE AMOUNT OF SUCH DISBURSED PUBLIC FUNDS; in the case of
9 public property wrongfully alienated, compelling payment of the full
10 market value; a declaration that a proposed disbursement or alienation
11 of property would be illegal; and such other and further relief as to
12 the court may seem just and proper.
13 S 3. This act shall take effect immediately.
