Bill Text: NY A06155 | 2013-2014 | 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: Moderate Partisan Bill (Republican 16-2)
Status: (Introduced - Dead) 2014-01-08 - referred to judiciary [A06155 Detail]
Download: New_York-2013-A06155-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6155 2013-2014 Regular Sessions I N A S S E M B L Y March 15, 2013 ___________ Introduced by M. of A. TEDISCO, KOLB -- Multi-Sponsored by -- M. of A. BARCLAY, BUTLER, CROUCH, DUPREY, FINCH, FITZPATRICK, GIGLIO, HAWLEY, JORDAN, P. LOPEZ, McDONOUGH, McKEVITT, MILLER, OAKS, RABBITT, RAIA, REILICH, SALADINO, 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. 20 S 2. Subdivision 1 of section 123-e of the state finance law, as added 21 by chapter 827 of the laws of 1975, is amended to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08103-01-3 A. 6155 2 1 1. The court may grant equitable or declaratory relief, or both, 2 including, but not limited to: enjoining the activity complained of; 3 restitution to the state of those public funds disbursed or public prop- 4 erty alienated, INCLUDING IN THE CASE OF PUBLIC FUNDS DISBURSED FOR 5 LEGISLATIVE INITIATIVES, COMPELLING PAYMENT OF AN AMOUNT EQUAL TO 6 THREE-FOLD THE AMOUNT OF SUCH DISBURSED PUBLIC FUNDS; in the case of 7 public property wrongfully alienated, compelling payment of the full 8 market value; a declaration that a proposed disbursement or alienation 9 of property would be illegal; and such other and further relief as to 10 the court may seem just and proper. 11 S 3. This act shall take effect immediately.