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Senate Bill S3910

2019-2020 Legislative Session

Prohibits the transfer of dedicated highway and bridge trust fund balances

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Archive: Last Bill Status - Stricken

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2019-S3910 (ACTIVE) - Details

Law Section:
State Finance Law
Laws Affected:
Amd §89-b, St Fin L
Versions Introduced in 2017-2018 Legislative Session:
S6489

2019-S3910 (ACTIVE) - Summary

Prohibits the transfer of dedicated highway and bridge trust fund balances.

2019-S3910 (ACTIVE) - Sponsor Memo

2019-S3910 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3910
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section  1. Section 89-b of the state finance law is amended by adding
 a new subdivision 6-a to read as follows:
   6-A. (A) NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  DIVERSION  OF
 FUNDS  DEDICATED  TO  THE  DEDICATED  HIGHWAY  AND BRIDGE TRUST FUND, IS
 PROHIBITED.
   (B) ALL STATE OFFICERS WITH RESPONSIBILITY FOR THE CUSTODY OR  INVEST-
 MENT  OF  THE  DEDICATED  HIGHWAY AND BRIDGE TRUST FUND OR OF ITS ASSETS
 SHALL BE PROHIBITED FROM DIVERTING FUND ASSETS INTO THE GENERAL FUND  OF
 THE  STATE  OR INTO ANY OTHER FUND MAINTAINED FOR THE SUPPORT OF ANOTHER
 GOVERNMENTAL PURPOSE. NO DIVERSION OF FUNDS CAN OCCUR CONTRARY  TO  THIS
 SECTION BY AN ADMINISTRATIVE ACT OF THE STATE OFFICERS WITH RESPONSIBIL-
 ITY  FOR  THE  CUSTODY OR INVESTMENT OF THE FUND, OR ANY OTHER PERSON IN
 THE EXECUTIVE BRANCH UNLESS A STATUTE IS ENACTED INTO LAW AUTHORIZING  A
 DIVERSION THAT WOULD OTHERWISE BE PROHIBITED BY THIS SECTION.
   (C)  IF  ANY DIVERSION OF FUND ASSETS OCCURS BY PASSAGE OF LEGISLATION
 DURING A REGULAR OR EXTRAORDINARY SESSION  OF  THE  LEGISLATURE  OR  THE
 BUDGET, DIVERTING FUNDS SHALL INCLUDE A DIVERSION IMPACT STATEMENT WHICH
 INCLUDES THE FOLLOWING INFORMATION:
   (I) THE AMOUNT OF THE DIVERSION FROM THE FUND;
   (II) THE CUMULATIVE AMOUNT OF DIVERSION FROM THE FUND SINCE INCEPTION;
 AND
   (III) THE DATE OR DATES WHEN THE DIVERSION IS TO OCCUR.
   § 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

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