STATE OF NEW YORK
        ________________________________________________________________________
                                          3910
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 21, 2019
                                       ___________
        Introduced  by  Sen.  JACOBS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance
        AN ACT to amend the state finance law, in relation  to  prohibiting  the
          transfer  of  dedicated  highway and bridge trust fund balances to the
          general fund
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 89-b of the state finance law is amended by adding
     2  a new subdivision 6-a to read as follows:
     3    6-a. (a) Notwithstanding any other  provision  of  law,  diversion  of
     4  funds  dedicated  to  the  dedicated  highway  and bridge trust fund, is
     5  prohibited.
     6    (b) All state officers with responsibility for the custody or  invest-
     7  ment  of  the  dedicated  highway and bridge trust fund or of its assets
     8  shall be prohibited from diverting fund assets into the general fund  of
     9  the  state  or into any other fund maintained for the support of another
    10  governmental purpose. No diversion of funds can occur contrary  to  this
    11  section by an administrative act of the state officers with responsibil-
    12  ity  for  the  custody or investment of the fund, or any other person in
    13  the executive branch unless a statute is enacted into law authorizing  a
    14  diversion that would otherwise be prohibited by this section.
    15    (c)  If  any diversion of fund assets occurs by passage of legislation
    16  during a regular or extraordinary session  of  the  legislature  or  the
    17  budget, diverting funds shall include a diversion impact statement which
    18  includes the following information:
    19    (i) the amount of the diversion from the fund;
    20    (ii) the cumulative amount of diversion from the fund since inception;
    21  and
    22    (iii) the date or dates when the diversion is to occur.
    23    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05790-01-9