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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9017
                                 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 -- Multi-Sponsored by
         -- M. of  A.  ABBATE,  BENEDETTO,  COLTON,  CUSICK,  GLICK,  KAVANAGH,
         MAISEL,  MARKEY,  PAULIN,  REILLY,  STEVENSON,  WEINSTEIN, WEISENBERG,
         WEPRIN, WRIGHT -- read once and referred to the Committee  on  Govern-
         mental Operations
       AN  ACT  to  amend  the  executive  law, in relation to a prohibition on
         diversion  of  funds  dedicated  to  the  metropolitan  transportation
         authority  or  the  New  York  city transit authority and any of their
         subsidiaries
         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 transportation
    5  authority  or  the  New  York  city  transit  authority and any of their
    6  subsidiaries to the general fund of the state is  prohibited.    1.  The
    7  director  shall be prohibited from diverting revenues derived from taxes
    8  and fees paid by the public into any fund created by law including,  but
    9  not  limited  to  sections eighty-eight-a and eighty-nine-c of the state
   10  finance law and chapter twenty-five of the laws of two thousand nine for
   11  the purpose of funding the metropolitan transportation authority or  the
   12  New  York  city transit authority and any of their subsidiaries into the
   13  general fund of the state or into any  other  fund  maintained  for  the
   14  support of another governmental purpose. No diversion of funds can occur
   15  contrary to this section by an administrative act of the director or any
   16  other  person  in  the  executive branch [unless the governor declares a
   17  fiscal emergency, and communicates such emergency to the temporary pres-
   18  ident of the senate and speaker of the assembly, and] BUT CAN OCCUR ONLY
   19  UPON a statute [is] enacted into law authorizing a diversion that  would
   20  otherwise be prohibited by this section.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13944-01-2
       A. 9017                             2
    1    2. IF ANY DIVERSION OF FUNDS OCCURS BY PASSAGE OF LEGISLATION DURING A
    2  REGULAR  OR  EXTRAORDINARY  SESSION  OF  THE  LEGISLATURE, THE BUDGET OR
    3  LEGISLATION DIVERTING FUNDS SHALL INCLUDE A DIVERSION  IMPACT  STATEMENT
    4  WHICH INCLUDES THE FOLLOWING INFORMATION:
    5    (A) THE AMOUNT OF THE DIVERSION FROM DEDICATED MASS TRANSIT FUNDS;
    6    (B) THE AMOUNT DIVERTED FROM EACH FUND;
    7    (C) THE AMOUNT DIVERTED EXPRESSED AS CURRENT MONTHLY TRANSIT FARES;
    8    (D)  THE  CUMULATIVE  AMOUNT  OF DIVERSION FROM DEDICATED MASS TRANSIT
    9  FUNDS DURING THE PRECEDING FIVE YEARS;
   10    (E) THE DATE OR DATES WHEN THE DIVERSION IS TO OCCUR; AND
   11    (F) A DETAILED ESTIMATE OF THE IMPACT OF DIVERSION FROM DEDICATED MASS
   12  TRANSIT FUNDS WILL HAVE ON THE LEVEL OF MASS  TRANSIT  SERVICE,  MAINTE-
   13  NANCE, SECURITY, AND THE CURRENT CAPITAL PROGRAM.
   14    S 2. This act shall take effect immediately.