Prohibits the diversion of resources from dedicated funds derived from taxes and fees that support the Niagara frontier transportation authority and its subsidiaries.
STATE OF NEW YORK
________________________________________________________________________
9120
IN ASSEMBLY
January 25, 2012
___________
Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the executive law, in relation to a prohibition on
diversion of resources from dedicated funds derived from taxes and
fees that support the Niagara frontier transportation authority and
its subsidiaries in certain instances
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 183 to
2 read as follows:
3 § 183. Diversion of funds dedicated to the Niagara frontier transpor-
4 tation authority and its subsidiaries to the general fund of the state
5 is prohibited. 1. The director shall be prohibited from diverting reven-
6 ues derived from taxes and fees paid by the public into any fund created
7 by law including, but not limited, to section ninety-nine-h of the state
8 finance law, as amended by chapter seven hundred forty-seven of the laws
9 of two thousand six, for the purpose of funding the Niagara frontier
10 transportation authority and any of its subsidiaries into the general
11 fund of the state or into any other fund maintained for the support of
12 another governmental purpose. No diversion of funds can occur contrary
13 to this section by an administrative act of the director or any other
14 person in the executive branch but can occur only upon a statute enacted
15 into law authorizing a diversion that would otherwise be prohibited by
16 this section.
17 2. If any diversion of funds occurs by passage of legislation during a
18 regular or extraordinary session of the legislature, the budget or
19 legislation diverting funds shall include a diversion impact statement
20 which includes the following information:
21 (a) The amount of the diversion from dedicated funds;
22 (b) The amount diverted from each fund;
23 (c) The amount diverted expressed as current monthly fares;
24 (d) The cumulative amount of diversion from dedicated funds during the
25 preceding five years;
26 (e) The date or dates when the diversion is to occur; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13949-01-2
A. 9120 2
1 (f) A detailed estimate of the impact of diversion from dedicated
2 funds will have on the level of transportation service, maintenance,
3 security, and the current capital program.
4 § 2. This act shall take effect immediately.
