Bill Text: NY A09017 | 2011-2012 | General Assembly | Amended

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Bill Title: Relates to a prohibition on diversion of funds dedicated to public transportation systems.

Spectrum: Partisan Bill (Democrat 46-1)

Status: (Introduced - Dead) 2012-06-21 - reported referred to rules [A09017 Detail]

Download: New_York-2011-A09017-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9017--A
                                 I N  A S S E M B L Y
                                   January 13, 2012
                                      ___________
       Introduced  by  M.  of A. BRENNAN, LENTOL, JACOBS, GOTTFRIED, P. RIVERA,
         MILLMAN, SWEENEY, CAHILL, ABINANTI,  BARRON,  COOK,  CRESPO,  GUNTHER,
         KELLNER,  N. RIVERA,  RODRIGUEZ,  SCHIMEL,  JAFFEE,  CLARK, GABRYSZAK,
         TITONE, ROSENTHAL, MAISEL -- Multi-Sponsored by -- M.  of  A.  ABBATE,
         BENEDETTO,  COLTON,  CUSICK, DenDEKKER, GLICK, KAVANAGH, MARKEY, MENG,
         NOLAN,  PAULIN,  REILLY,  STEVENSON,  WEINSTEIN,  WEISENBERG,  WEPRIN,
         WRIGHT  --  read  once  and  referred to the Committee on Governmental
         Operations -- committee discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee
       AN ACT to amend the executive law,  in  relation  to  a  prohibition  on
         diversion of funds dedicated to public transportation systems
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 182 of the executive law, as amended by  section  1
    2  of  part  J  of  chapter  56  of the laws of 2011, is amended to read as
    3  follows:
    4    S 182. Diversion of funds dedicated to [the  metropolitan  transporta-
    5  tion  authority  or the New York city transit authority and any of their
    6  subsidiaries] PUBLIC TRANSPORTATION SYSTEMS to the general fund  of  the
    7  state  OR  TO  ANY OTHER PURPOSE, is prohibited.  1. FOR THE PURPOSES OF
    8  THIS SECTION, THE TERM "PUBLIC TRANSPORTATION  SYSTEM"  SHALL  MEAN  ANY
    9  PUBLIC BENEFIT CORPORATION CONSTITUTING A TRANSPORTATION AUTHORITY WHICH
   10  PROVIDES OR CONTRACTS FOR THE PROVISION OF, UNDER JOINT SUPPORT ARRANGE-
   11  MENTS,  MASS  TRANSPORTATION  SERVICES,  OR A SUBSIDIARY THEREOF, OR ANY
   12  COUNTY OR CITY WHICH PROVIDES OR CONTRACTS FOR THE PROVISION OF,  PURSU-
   13  ANT TO SECTION ONE HUNDRED NINETEEN-R OF THE GENERAL MUNICIPAL LAW, MASS
   14  TRANSPORTATION SERVICES.
   15    2.  The  director  OF  THE  BUDGET  shall be prohibited from diverting
   16  revenues derived from taxes and fees paid by the public  into  any  fund
   17  created  by  law  including,  but not limited to sections eighty-eight-a
   18  [and], eighty-nine-c AND NINETY-TWO-FF of  the  state  finance  law  and
   19  chapter  twenty-five of the laws of two thousand nine for the purpose of
   20  funding [the metropolitan transportation authority or the New York  city
   21  transit  authority  and any of their subsidiaries] PUBLIC TRANSPORTATION
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13944-02-2
       A. 9017--A                          2
    1  SYSTEMS into the general fund of the state or into any other fund  main-
    2  tained  for the support of another governmental purpose. No diversion of
    3  funds can occur contrary to this section by an administrative act of the
    4  director  OF  THE  BUDGET  or  any  other person in the executive branch
    5  [unless the governor declares a fiscal emergency, and communicates  such
    6  emergency  to  the  temporary president of the senate and speaker of the
    7  assembly, and a statute is enacted into law authorizing a diversion that
    8  would otherwise be prohibited by this section].
    9    3. IF ANY DIVERSION OF FUNDS OCCURS BY PASSAGE OF LEGISLATION DURING A
   10  REGULAR OR EXTRAORDINARY SESSION OF THE LEGISLATURE, THE DIRECTOR OF THE
   11  BUDGET SHALL CREATE AND INCLUDE WITH THE BUDGET OR LEGISLATION DIVERTING
   12  FUNDS, A DIVERSION IMPACT STATEMENT WHICH SHALL  INCLUDE  THE  FOLLOWING
   13  INFORMATION:
   14    (A) THE AMOUNT OF THE DIVERSION FROM DEDICATED MASS TRANSIT FUNDS;
   15    (B) THE AMOUNT DIVERTED FROM EACH FUND;
   16    (C) THE AMOUNT DIVERTED EXPRESSED AS CURRENT MONTHLY TRANSIT FARES;
   17    (D)  THE  CUMULATIVE  AMOUNT  OF DIVERSION FROM DEDICATED MASS TRANSIT
   18  FUNDS DURING THE PRECEDING FIVE YEARS;
   19    (E) THE DATE OR DATES WHEN THE DIVERSION IS TO OCCUR; AND
   20    (F) A DETAILED ESTIMATE OF THE IMPACT OF DIVERSION FROM DEDICATED MASS
   21  TRANSIT FUNDS WILL HAVE ON THE LEVEL  OF  PUBLIC  TRANSPORTATION  SYSTEM
   22  SERVICE, MAINTENANCE, SECURITY, AND THE CURRENT CAPITAL PROGRAM.
   23    S 2. This act shall take effect immediately.