Bill Text: NY A07217 | 2013-2014 | General Assembly | Introduced
Bill Title: Enacts the public corruption prevention and enforcement act of 2013; increases penalties for violations relating to scheme to defraud the government, duty to provide faithful public services, and bribery; increases penalties for financial disclosure violations by public officials; relates to community project grants; provides for an executive community projects fund; relates to inspection of annual statements; amends provisions relating to campaign contributions and expenditures.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2014-01-08 - referred to codes [A07217 Detail]
Download: New_York-2013-A07217-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7217
2013-2014 Regular Sessions
I N A S S E M B L Y
May 8, 2013
___________
Introduced by M. of A. MALLIOTAKIS -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to increasing penalties for
violations relating to scheme to defraud the government, bribery, and
duty to provide faithful public services; to amend the public officers
law, in relation to faithful public services, increasing penalties for
financial disclosure violations, and community project grants; to
amend the executive law, in relation to making technical changes ther-
eto; to amend the state finance law, in relation to the legislative
community projects fund and executive community projects fund; to
amend the judiciary law, in relation to the inspection of annual
statements of financial disclosure; and to amend the election law, in
relation to campaign contributions and expenditures
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "public corruption prevention and enforcement act of 2013".
3 S 2. Section 10.00 of the penal law is amended by adding three new
4 subdivisions 22, 23 and 24 to read as follows:
5 22. FOR THE PURPOSES OF SECTIONS 195.18 AND 195.20 OF THIS CHAPTER
6 "SCHEME" MEANS ANY PLAN, PATTERN, DEVICE, CONTRIVANCE OR COURSE OF
7 ACTION, AND "INTENT TO DEFRAUD" INCLUDES AN INTENT TO DEPRIVE THE STATE
8 OR A POLITICAL SUBDIVISION OF THE STATE OR A GOVERNMENTAL INSTRUMENTALI-
9 TY OF FAITHFUL PUBLIC SERVICES.
10 23. "FAITHFUL PUBLIC SERVICES" MEANS CONDUCT THAT IS FREE OF UNDIS-
11 CLOSED SELF-DEALING AND FREE OF THE UNAUTHORIZED OR UNLAWFUL CONFERRAL
12 OR INTENDED CONFERRAL OF A BENEFIT, DIRECTLY OR INDIRECTLY, ON A PUBLIC
13 SERVANT.
14 24. "SELF-DEALING" MEANS ANY ACTION TAKEN BY A PUBLIC SERVANT IN HIS
15 OR HER OFFICIAL CAPACITY WITH INTENT TO BENEFIT HIMSELF OR HERSELF,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02173-05-3
A. 7217 2
1 DIRECTLY OR INDIRECTLY, AND WHICH RELATES TO HIS OR HER PRIVATE BUSINESS
2 INTERESTS.
3 S 3. Section 195.20 of the penal law, as amended by chapter 1 of the
4 laws of 2010, is amended to read as follows:
5 S 195.20 [Defrauding] SCHEME TO DEFRAUD the government IN THE FIRST
6 DEGREE.
7 A person is guilty of [defrauding] A SCHEME TO DEFRAUD the government
8 IN THE FIRST DEGREE when, being a public servant or party officer OR
9 ACTING IN CONCERT WITH A PUBLIC SERVANT OR PARTY OFFICER, he or she:
10 (a) engages in a scheme constituting a systematic ongoing course of
11 conduct with intent to:
12 (i) defraud the state or a political subdivision of the state or a
13 governmental instrumentality within the state; or
14 (II) to obtain property, services or other resources from the state or
15 a political subdivision of the state or a governmental instrumentality
16 within the state by false or fraudulent pretenses, representations or
17 promises; or
18 [(ii)] (III) defraud the state or a political subdivision of the state
19 or a governmental instrumentality within the state by making use of
20 property, services or resources of the state, political subdivision of
21 the state or a governmental instrumentality within the state for private
22 business purposes or other compensated non-governmental purposes; and
23 (b) EITHER:
24 (I) so obtains property, services or other resources with a value in
25 excess of one thousand dollars from such state, political subdivision or
26 governmental instrumentality; OR
27 (II) CONFERS OR OBTAINS A BENEFIT OR BENEFITS, DIRECTLY OR INDIRECTLY,
28 WITH A COMBINED VALUE IN EXCESS OF ONE THOUSAND DOLLARS.
29 [Defrauding] SCHEME TO DEFRAUD the government IN THE FIRST DEGREE is a
30 class [E] D felony.
31 S 4. The penal law is amended by adding a new section 195.18 to read
32 as follows:
33 S 195.18 SCHEME TO DEFRAUD THE GOVERNMENT IN THE SECOND DEGREE.
34 A PERSON IS GUILTY OF A SCHEME TO DEFRAUD THE GOVERNMENT IN THE SECOND
35 DEGREE WHEN, BEING A PUBLIC SERVANT OR PARTY OFFICER OR ACTING IN
36 CONCERT WITH A PUBLIC SERVANT OR PARTY OFFICER, HE OR SHE ENGAGES IN A
37 SCHEME CONSTITUTING A SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT
38 TO:
39 (A) DEFRAUD THE STATE OR A POLITICAL SUBDIVISION OF THE STATE OR A
40 GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE; OR
41 (B) OBTAIN PROPERTY, SERVICES OR OTHER RESOURCES FROM THE STATE OR A
42 POLITICAL SUBDIVISION OF THE STATE OR A GOVERNMENTAL INSTRUMENTALITY
43 WITHIN THE STATE BY FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS OR
44 PROMISES; OR
45 (C) DEFRAUD THE STATE OR A POLITICAL SUBDIVISION OF THE STATE OR A
46 GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE BY MAKING USE OF PROPERTY,
47 SERVICES OR RESOURCES OF THE STATE, POLITICAL SUBDIVISION OF THE STATE
48 OR A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE FOR PRIVATE BUSINESS
49 PURPOSES OR OTHER COMPENSATED NON-GOVERNMENTAL PURPOSES.
50 SCHEME TO DEFRAUD THE GOVERNMENT IN THE SECOND DEGREE IS A CLASS E
51 FELONY.
52 S 5. Section 200.00 of the penal law, as amended by chapter 833 of the
53 laws of 1986, is amended to read as follows:
54 S 200.00 Bribery in the third degree.
55 A person is guilty of bribery in the third degree when he OR SHE
56 confers, or offers or agrees to confer, any benefit upon a public serv-
A. 7217 3
1 ant [upon an agreement or understanding that] WITH THE INTENT TO INFLU-
2 ENCE such public servant's vote, opinion, judgment, action, decision or
3 exercise of discretion as a public servant [will thereby be influenced].
4 Bribery in the third degree is a class D felony.
5 S 6. Section 200.03 of the penal law, as amended by chapter 833 of the
6 laws of 1986, is amended to read as follows:
7 S 200.03 Bribery in the second degree.
8 A person is guilty of bribery in the second degree when he OR SHE
9 confers, or offers or agrees to confer, any benefit valued in excess of
10 ten thousand dollars upon a public servant [upon an agreement or under-
11 standing that] WITH THE INTENT TO INFLUENCE such public servant's vote,
12 opinion, judgment, action, decision or exercise of discretion as a
13 public servant [will thereby be influenced].
14 Bribery in the second degree is a class C felony.
15 S 7. Section 200.04 of the penal law, as added by chapter 276 of the
16 laws of 1973, is amended to read as follows:
17 S 200.04 Bribery in the first degree.
18 A person is guilty of bribery in the first degree when he OR SHE
19 confers, or offers or agrees to confer, any benefit upon a public serv-
20 ant [upon an agreement or understanding that] WITH THE INTENT TO INFLU-
21 ENCE such public servant's vote, opinion, judgment, action, decision or
22 exercise of discretion as a public servant [will thereby be influenced]
23 in the investigation, arrest, detention, prosecution or incarceration of
24 any person for the commission or alleged commission of a class A felony
25 defined in article two hundred twenty of [the penal law] THIS PART or an
26 attempt to commit any such class A felony.
27 Bribery in the first degree is a class B felony.
28 S 8. The penal law is amended by adding a new section 200.28 to read
29 as follows:
30 S 200.28 DUTY TO PROVIDE FAITHFUL PUBLIC SERVICES.
31 FOR PURPOSES OF THIS ARTICLE, THE DUTIES OF A PUBLIC SERVANT SHALL
32 INCLUDE BUT NOT BE LIMITED TO THE DUTY TO PROVIDE FAITHFUL PUBLIC
33 SERVICES. IN EXECUTING THE DUTIES OF HIS OR HER OFFICE, EVERY PUBLIC
34 SERVANT SHALL HAVE THE DUTY TO PROVIDE FAITHFUL PUBLIC SERVICES TO HIS
35 OR HER CONSTITUENTS AND THE STATE OR POLITICAL SUBDIVISION THEREOF, AS
36 APPLICABLE. IN EXECUTING THE DUTIES OF HIS OR HER OFFICE OR EMPLOYMENT,
37 EVERY PUBLIC SERVANT SHALL ALSO HAVE THE DUTY TO PROVIDE FAITHFUL PUBLIC
38 SERVICES TO A STATE OR LOCAL AGENCY OR LEGISLATURE, AS APPLICABLE.
39 S 9. Subdivision 3 of section 73-a of the public officers law is
40 amended by adding a new paragraph 20 to read as follows:
41 20. IF THE REPORTING INDIVIDUAL, SUCH REPORTING INDIVIDUAL'S SPOUSE OR
42 DOMESTIC PARTNER IS A NON-COMPENSATED DIRECTOR, OFFICER OR TRUSTEE, OR
43 SUCH REPORTING INDIVIDUAL'S RELATIVE OR A RELATIVE OF SUCH REPORTING
44 INDIVIDUAL'S SPOUSE OR DOMESTIC PARTNER IS EMPLOYED IN ANY POSITION AT,
45 FOR OR WITHIN A NON-PROFIT ENTITY IN NEW YORK STATE AS DESCRIBED IN
46 SECTION 501(C)(3) OF THE UNITED STATES INTERNAL REVENUE CODE, LIST BELOW
47 THE NAME OF THE ENTITY, BUSINESS ADDRESS OF THE ENTITY, NAME OF SPOUSE,
48 DOMESTIC PARTNER OR OTHER RELATIVE, DEGREE OF RELATIONSHIP WITH THE
49 REPORTING INDIVIDUAL AND TITLE OF THE COMPENSATED OR NON-COMPENSATED
50 POSITION.
51 ENTITY NAME/ NAME OF SPOUSE/ DEGREE OF TITLE OR
52 ADDRESS DOMESTIC PARTNER/ RELATIONSHIP POSITION
53 RELATIVE
54 ________________________________________________________________________
55 ________________________________________________________________________
56 ________________________________________________________________________
A. 7217 4
1 ________________________________________________________________________
2 ________________________________________________________________________
3 S 10. Subdivision 1 of section 74 of the public officers law, as
4 amended by chapter 1012 of the laws of 1965, the opening paragraph as
5 amended by chapter 14 of the laws of 2007, is amended to read as
6 follows:
7 1. [Definition. As used in this section:] DEFINITIONS OF TERMS OF
8 GENERAL USE IN THIS SECTION:
9 A. The term "state agency" shall mean any state department, or divi-
10 sion, board, commission, or bureau of any state department or any public
11 benefit corporation or public authority at least one of whose members is
12 appointed by the governor or corporations closely affiliated with
13 specific state agencies as defined by paragraph (d) of subdivision five
14 of section fifty-three-a of the state finance law or their successors.
15 B. The term "legislative employee" shall mean any officer or employee
16 of the legislature but it shall not include members of the legislature.
17 C. THE TERM "FAITHFUL PUBLIC SERVICES" SHALL MEAN CONDUCT THAT IS FREE
18 OF UNDISCLOSED SELF-DEALING AND FREE OF THE UNAUTHORIZED OR UNLAWFUL
19 CONFERRAL OR INTENDED CONFERRAL OF A BENEFIT, DIRECTLY OR INDIRECTLY, ON
20 AN OFFICER OR EMPLOYEE OF A STATE AGENCY, MEMBER OF THE LEGISLATURE OR
21 LEGISLATIVE EMPLOYEE. EVERY OFFICER OR EMPLOYEE OF A STATE AGENCY,
22 MEMBER OF THE LEGISLATURE OR LEGISLATIVE EMPLOYEE SHALL HAVE A DUTY OF
23 FAITHFUL PUBLIC SERVICES WITH RESPECT TO HIS OR HER CONSTITUENTS AND THE
24 STATE OR TO A STATE AGENCY OR LEGISLATURE, AS APPLICABLE.
25 D. THE TERM "SELF-DEALING" SHALL MEAN ANY ACTION TAKEN BY AN OFFICER
26 OR EMPLOYEE OF A STATE AGENCY, MEMBER OF THE LEGISLATURE OR LEGISLATIVE
27 EMPLOYEE IN HIS OR HER OFFICIAL CAPACITY WITH INTENT TO BENEFIT HIMSELF
28 OR HERSELF, DIRECTLY OR INDIRECTLY, AND WHICH RELATES TO HIS OR HER
29 PRIVATE BUSINESS INTERESTS.
30 S 11. Subdivision 3 of section 74 of the public officers law is
31 amended by adding a new paragraph j to read as follows:
32 J. IN EXECUTING THE DUTIES OF HIS OR HER OFFICE, EVERY OFFICER OR
33 EMPLOYEE OF A STATE AGENCY, MEMBER OF THE LEGISLATURE OR LEGISLATIVE
34 EMPLOYEE SHALL HAVE THE DUTY TO PROVIDE FAITHFUL PUBLIC SERVICES TO HIS
35 OR HER CONSTITUENTS AND THE STATE, AS APPLICABLE. IN EXECUTING THE
36 DUTIES OF HIS OR HER OFFICE OR EMPLOYMENT, EVERY OFFICER OR EMPLOYEE OF
37 A STATE AGENCY, MEMBER OF THE LEGISLATURE OR LEGISLATIVE EMPLOYEE SHALL
38 ALSO HAVE THE DUTY TO PROVIDE FAITHFUL PUBLIC SERVICES TO A STATE AGENCY
39 OR THE LEGISLATURE, AS APPLICABLE.
40 S 12. Subdivision 4 of section 74 of the public officers law, as
41 amended by chapter 14 of the laws of 2007, is amended to read as
42 follows:
43 4. Violations. In addition to any penalty contained in any other
44 provision of law any such officer, member or employee who shall knowing-
45 ly and intentionally violate any of the provisions of this section may
46 be fined, suspended or removed from office or employment in the manner
47 provided by law. Any such individual who knowingly and intentionally
48 violates the provisions of paragraph b, c, d or i of subdivision three
49 of this section shall be subject to a civil penalty in an amount not to
50 exceed ten thousand dollars and the value of any gift, compensation or
51 benefit received as a result of such violation. Any such individual who
52 knowingly and intentionally violates the provisions of paragraph a, e or
53 g of subdivision three of this section shall be subject to a civil
54 penalty in an amount not to exceed the value of any gift, compensation
55 or benefit received as a result of such violation. ANY SUCH INDIVIDUAL
56 WHO KNOWINGLY AND INTENTIONALLY VIOLATES THE PROVISIONS OF PARAGRAPH J
A. 7217 5
1 OF SUBDIVISION THREE OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY
2 IN AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS AND THE VALUE OF ANY
3 GIFT, COMPENSATION OR BENEFIT RECEIVED AS A RESULT OF SUCH VIOLATION.
4 ANY SUCH INDIVIDUAL WHO, AS PART OF OR IN FURTHERANCE OF A SCHEME OR
5 ARTIFICE TO DEFRAUD A STATE AGENCY, THE LEGISLATURE, ANY POLITICAL
6 SUBDIVISION, HIS OR HER CONSTITUENTS OR THE STATE, AS APPLICABLE, KNOW-
7 INGLY AND INTENTIONALLY VIOLATES THE PROVISIONS OF PARAGRAPH J OF SUBDI-
8 VISION THREE OF THIS SECTION SHALL, IN ADDITION TO ANY PENALTY CONTAINED
9 IN THIS SECTION OR ANY OTHER PROVISION OF LAW, BE GUILTY OF A CLASS E
10 FELONY.
11 S 13. Section 80 of the public officers law is renumbered section 81
12 and a new section 80 is added to article 4 to read as follows:
13 S 80. COMMUNITY PROJECT GRANTS. 1. DEFINITIONS. AS USED IN THIS
14 SECTION:
15 (A) THE TERM "COMMUNITY PROJECT GRANT" SHALL MEAN A BUDGETARY ALLO-
16 CATION AS FUNDED BY THE LEGISLATIVE COMMUNITY PROJECTS FUND AS DEFINED
17 IN SECTION NINETY-NINE-W OF THE STATE FINANCE LAW, AND THE EXECUTIVE
18 COMMUNITY PROJECTS FUND AS DEFINED IN SECTION NINETY-NINE-V OF THE STATE
19 FINANCE LAW AT THE DISCRETION AND REQUEST OF THE GOVERNOR OR A MEMBER OF
20 THE LEGISLATURE FOR A NOT-FOR-PROFIT AS DEFINED IN PARAGRAPH (D) OF THIS
21 SUBDIVISION, UNIVERSITY, COLLEGE, SCHOOL DISTRICT OR MUNICIPALITY;
22 (B) THE TERM "SPONSOR" SHALL MEAN THE GOVERNOR OR A MEMBER OF THE
23 LEGISLATURE WHO MAKES A REQUEST FOR A COMMUNITY PROJECT GRANT;
24 (C) THE TERM "GRANTEE" SHALL MEAN THE RECIPIENT OF A COMMUNITY PROJECT
25 GRANT;
26 (D) THE TERM "NOT-FOR-PROFIT" SHALL MEAN AN ENTITY QUALIFIED AS EXEMPT
27 FOR FEDERAL TAX PURPOSES UNDER SECTION 501(C)(3) OF THE UNITED STATES
28 INTERNAL REVENUE CODE.
29 (E) THE TERM "RELATIVE" SHALL MEAN AN INDIVIDUAL'S SPOUSE, DOMESTIC
30 PARTNER, CHILD, STEPCHILD, STEPPARENT, OR ANY PERSON WHO IS A DIRECT
31 DESCENDENT OF THE GRANDPARENTS OF SUCH INDIVIDUAL OR OF THE REPORTING
32 INDIVIDUAL'S SPOUSE OR DOMESTIC PARTNER.
33 2. STANDARDS. (A) NO SPONSOR SHALL MAKE A REQUEST FOR A COMMUNITY
34 PROJECT GRANT UNLESS:
35 (I) THE GRANTEE IS A NOT-FOR-PROFIT, UNIVERSITY, COLLEGE, SCHOOL
36 DISTRICT AND/OR MUNICIPALITY; AND
37 (II) THE GRANTEE, IF A NOT-FOR-PROFIT, HAS BEEN INCORPORATED IN THE
38 STATE OF NEW YORK FOR AT LEAST ONE YEAR PRIOR TO APRIL FIRST OF THE YEAR
39 IN WHICH THE COMMUNITY PROJECT GRANT IS REQUESTED AND IS REGISTERED WITH
40 THE ATTORNEY GENERAL UNDER SECTION ONE HUNDRED SEVENTY-TWO OF THE EXECU-
41 TIVE LAW.
42 (B) NO GRANTEE SHALL RECEIVE A COMMUNITY PROJECT GRANT IF:
43 (I) THE GRANTEE HAS BEEN BARRED BY A GOVERNMENT AGENCY IN ANY JURIS-
44 DICTION AS A RESULT OF INAPPROPRIATE OR UNLAWFUL ACTIVITY WITHIN THE
45 LAST FIVE YEARS;
46 (II) ANY COMPENSATED OR NON-COMPENSATED DIRECTOR, OFFICER OR TRUSTEE
47 OF A GRANTEE, IF A NOT-FOR-PROFIT, HAS BEEN CONVICTED OR CHARGED WITH A
48 FELONY OR MISDEMEANOR THAT IS RELATED TO THE ADMINISTRATION OF SUCH
49 GRANTEE'S BUSINESS WITHIN THE LAST FIVE YEARS;
50 (III) THE GRANTEE HAS FAILED TO FILE A REQUIRED FEDERAL, STATE OR CITY
51 TAX RETURN OR PAY TAXES OWED WITHIN THE LAST FIVE YEARS.
52 (C) WHERE A VIOLATION OF THE PROVISIONS OF THIS SUBDIVISION IS ALLEGED
53 TO HAVE OCCURRED, THE ATTORNEY GENERAL SHALL HAVE JURISDICTION UNDER
54 SECTION SIXTY-THREE-C OF THE EXECUTIVE LAW.
A. 7217 6
1 3. PROHIBITIONS. (A) NO SPONSOR SHALL REQUEST A COMMUNITY PROJECT
2 GRANT FOR A GRANTEE IF THE SPONSOR OR A RELATIVE OF SUCH SPONSOR IS A
3 COMPENSATED OR NON-COMPENSATED DIRECTOR, OFFICER OR TRUSTEE.
4 (B) NO SPONSOR OR ANY RELATIVE OF SUCH SPONSOR WHO REQUESTS A COMMUNI-
5 TY PROJECT GRANT SHALL HAVE A FINANCIAL INTEREST, DIRECT OR INDIRECT, TO
6 SUCH GRANTEE OR HAS RECEIVED OR WILL RECEIVE ANY FINANCIAL BENEFIT,
7 EITHER DIRECTLY OR INDIRECTLY, FROM SUCH GRANTEE OR FROM MATTERS
8 CONTAINED IN THE COMMUNITY PROJECT GRANT.
9 (C) ANY SPONSOR WHO KNOWINGLY AND INTENTIONALLY VIOLATES ANY PROVISION
10 OF THIS SUBDIVISION SHALL BE GUILTY OF A CLASS E FELONY. THE ATTORNEY
11 GENERAL AND ANY DISTRICT ATTORNEY SHALL HAVE CONCURRENT AUTHORITY TO
12 INVESTIGATE AND PROSECUTE VIOLATIONS OF THIS SUBDIVISION.
13 4. WAIVER OF STANDARDS. A SPONSOR MAY REQUEST A WAIVER FROM THE
14 ATTORNEY GENERAL OF PROVISIONS CONTAINED IN PARAGRAPH (B) OF SUBDIVISION
15 TWO OF THIS SECTION. IN ASSESSING WHETHER OR NOT TO ISSUE A WAIVER, THE
16 ATTORNEY GENERAL SHALL CONSIDER THE HISTORY OF THE SPONSOR, THE SUIT-
17 ABILITY OF A POTENTIAL COMMUNITY PROJECT GRANT FOR THE SPONSOR, THE
18 EFFECTIVENESS OF ANY PREVIOUS GRANTS UNDER THE COMMUNITY PROJECT FUND,
19 AND ANY OTHER FACTORS THE ATTORNEY GENERAL DEEMS APPROPRIATE.
20 5. RULES AND REGULATIONS. THE ATTORNEY GENERAL MAY PROMULGATE RULES
21 AND REGULATIONS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
22 S 14. Subparagraph 1 of paragraph (a) of subdivision 19 of section 94
23 of the executive law, as amended by section 6 of part A of chapter 399
24 of the laws of 2011, is amended to read as follows:
25 (1) the information set forth in an annual statement of financial
26 disclosure, INCLUDING THE CATEGORIES OF VALUE OF AMOUNT, filed pursuant
27 to section seventy-three-a of the public officers law except ANY ITEM OF
28 information deleted pursuant to paragraph (h) of subdivision nine of
29 this section;
30 S 15. Section 99-d of the state finance law, as added by chapter 474
31 of the laws of 1996, is renumbered section 99-w and the section heading,
32 as added by chapter 474 of the laws of 1996, and subdivision 1, as
33 amended by section 2 of part BB of chapter 686 of the laws of 2003, are
34 amended to read as follows:
35 [Community] LEGISLATIVE COMMUNITY projects fund. 1. There is hereby
36 established in the joint custody of the comptroller and the commissioner
37 of taxation and finance a special fund to be known as the LEGISLATIVE
38 community projects fund. This fund may have separate accounts designated
39 pursuant to a specific appropriation to such account or pursuant to a
40 written suballocation plan approved in a memorandum of understanding
41 executed by the director of the budget, the secretary of the senate
42 finance committee and the secretary of the assembly ways and means
43 committee. Such suballocation shall be submitted to the comptroller.
44 S 16. The state finance law is amended by adding a new section 99-v to
45 read as follows:
46 S 99-V. EXECUTIVE COMMUNITY PROJECTS FUND. 1. THERE IS HEREBY ESTAB-
47 LISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF
48 TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE EXECUTIVE COMMU-
49 NITY PROJECTS FUND. THIS FUND MAY HAVE SEPARATE ACCOUNTS DESIGNATED
50 PURSUANT TO A SPECIFIC APPROPRIATION TO SUCH ACCOUNT OR PURSUANT TO A
51 WRITTEN SUBALLOCATION PLAN APPROVED IN A MEMORANDUM OF UNDERSTANDING
52 EXECUTED BY THE DIRECTOR OF THE BUDGET, THE SECRETARY OF THE SENATE
53 FINANCE COMMITTEE AND THE SECRETARY OF THE ASSEMBLY WAYS AND MEANS
54 COMMITTEE. SUCH SUBALLOCATION SHALL BE SUBMITTED TO THE COMPTROLLER.
55 2. SUCH FUND SHALL CONSIST OF MONIES TRANSFERRED TO SUCH FUND FROM THE
56 GENERAL FUND/STATE PURPOSES ACCOUNT, OR ANY OTHER MONIES REQUIRED TO BE
A. 7217 7
1 TRANSFERRED OR DEPOSITED, PURSUANT TO LAW. MONIES MAY NOT BE TRANSFERRED
2 OR LOANED BETWEEN THE ACCOUNTS OF THIS FUND, UNLESS SPECIFICALLY
3 PROVIDED (A) BY LAW, OR (B) BY LETTER SIGNED BY THE DIRECTOR OF THE
4 BUDGET, BUT ONLY UPON THE JOINT REQUEST OF THE SECRETARY OF THE SENATE
5 FINANCE COMMITTEE AND THE SECRETARY OF THE ASSEMBLY WAYS AND MEANS
6 COMMITTEE.
7 3. (A) AS REQUIRED TO MAKE TIMELY PAYMENTS FROM SUCH ACCOUNTS UPON
8 PRESENTMENT OF PROPER VOUCHERS THEREFOR, THE STATE COMPTROLLER SHALL
9 MAKE TRANSFERS TO ANY ACCOUNT IN THIS FUND UP TO THE AMOUNTS ANNUALLY
10 SPECIFIED FOR TRANSFER TO SUCH ACCOUNT AND IN COMPLIANCE WITH SUBDIVI-
11 SION TWO OF THIS SECTION, BUT ONLY FROM SUCH FUND OR FUNDS AUTHORIZED TO
12 PROVIDE SUCH TRANSFERS.
13 (B) BY THE CLOSE OF EACH FISCAL YEAR, ALL REMAINING AMOUNTS NOT YET
14 TRANSFERRED SHALL BE TRANSFERRED TO THE DESIGNATED ACCOUNTS FOR WHICH
15 SUCH TRANSFERS WERE AUTHORIZED, UP TO THE TOTAL AMOUNTS SPECIFIED FOR
16 TRANSFER TO EACH ACCOUNT IN EACH FISCAL YEAR, PURSUANT TO LAW AND IN
17 COMPLIANCE WITH SUBDIVISION TWO OF THIS SECTION.
18 4. NOTWITHSTANDING SECTION FORTY OF THIS CHAPTER OR ANY OTHER
19 PROVISION OF LAW, APPROPRIATIONS OF THIS FUND SHALL BE AVAILABLE FOR
20 LIABILITIES INCURRED DURING AND AFTER THE CLOSE OF THE FISCAL YEAR FOR
21 WHICH SUCH APPROPRIATIONS ARE ENACTED, PROVIDED HOWEVER THAT SUCH APPRO-
22 PRIATIONS SHALL LAPSE ON THE FIFTEENTH DAY OF SEPTEMBER FOLLOWING THE
23 CLOSE OF THE FISCAL YEAR, AND NO MONIES SHALL THEREAFTER BE PAID OUT OF
24 THE STATE TREASURY OR ANY OF ITS FUNDS OR THE FUNDS UNDER ITS MANAGEMENT
25 PURSUANT TO SUCH APPROPRIATIONS.
26 5. THE DIRECTOR OF THE BUDGET SHALL ISSUE A CERTIFICATE OF APPROVAL
27 FOR ANY APPROPRIATION IN ANY ACCOUNT OF THIS FUND NO LATER THAN THE
28 LATER OF SIXTY DAYS AFTER THE ENACTMENT OF SUCH APPROPRIATION OR FIVE
29 DAYS AFTER THE EXECUTION OF A WRITTEN SUBALLOCATION PLAN PURSUANT TO THE
30 PROVISIONS OF SUBDIVISION ONE OF THIS SECTION. SUCH APPROVAL SHALL
31 SATISFY ANY OTHER REQUIREMENT FOR A CERTIFICATE OF APPROVAL.
32 6. (A) THE STATE SHALL NOT BE LIABLE FOR PAYMENTS PURSUANT TO ANY
33 CONTRACT, GRANT OR AGREEMENT MADE PURSUANT TO AN APPROPRIATION IN ANY
34 ACCOUNT OF THIS FUND IF INSUFFICIENT MONIES ARE AVAILABLE FOR TRANSFER
35 TO SUCH ACCOUNT OF THIS FUND, AFTER REQUIRED TRANSFERS PURSUANT TO
36 SUBDIVISION THREE OF THIS SECTION. EXCEPT WITH RESPECT TO, GRANTS, OR
37 AGREEMENTS EXECUTED BY ANY STATE OFFICER, EMPLOYEE, DEPARTMENT, INSTITU-
38 TION, COMMISSION, BOARD, OR OTHER AGENCY OF THE STATE PRIOR TO THE
39 EFFECTIVE DATE OF THIS SECTION, ANY CONTRACT, GRANT OR AGREEMENT MADE
40 PURSUANT TO AN APPROPRIATION IN THIS FUND SHALL INCORPORATE THIS
41 PROVISION AS A TERM OF SUCH CONTRACT, GRANT OR AGREEMENT.
42 (B) THE EXHAUSTION OF FUNDS AVAILABLE FOR SUCH TRANSFERS SHALL NOT
43 PRECLUDE THE APPROVAL OF CONTRACTS HEREUNDER PURSUANT TO SECTION ONE
44 HUNDRED TWELVE OF THIS CHAPTER. NOTWITHSTANDING ANY OTHER PROVISION OF
45 LAW, INTEREST SHALL NOT BE DUE TO ANY RECIPIENT FOR ANY LATE PAYMENTS
46 MADE FROM THIS FUND WHICH RESULT FROM INSUFFICIENT MONIES BEING AVAIL-
47 ABLE IN AN ACCOUNT OF THIS FUND.
48 7. MONIES SHALL BE PAID OUT OF SUCH ACCOUNTS ON THE AUDIT AND WARRANT
49 OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE HEAD
50 OF THE APPROPRIATE AGENCY.
