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S04257 Summary:

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S04257 Floor Votes:

S04257 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4257--C
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                     March 25, 2011
                                       ___________
 
        Introduced by Sens. GOLDEN, AVELLA, DILAN, KRUEGER, LANZA, SAVINO, SQUA-
          DRON -- read twice and ordered printed, and when printed to be commit-
          ted to the Committee on Finance -- committee discharged, bill amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          committee discharged, bill amended, ordered reprinted as  amended  and

          recommitted  to  said committee -- 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  resources  from  dedicated funds derived from taxes and
          fees that support the metropolitan transportation authority or the New
          York  city  transit  authority  and  their  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  182
     2  to read as follows:
     3    § 182. Diversion of funds dedicated to the metropolitan transportation
     4  authority  or  the  New  York  city  transit  authority and any of their

     5  subsidiaries to the general fund of the state is  prohibited.  1.    The
     6  director  shall be prohibited from diverting revenues derived from taxes
     7  and fees paid by the public into any fund created by law including,  but
     8  not  limited  to  sections eighty-eight-a and eighty-nine-c of the state
     9  finance law and chapter twenty-five of the laws of two thousand nine for
    10  the purpose of funding the metropolitan transportation authority or  the
    11  New  York  city transit authority and any of their subsidiaries into the
    12  general fund of the state or into any  other  fund  maintained  for  the
    13  support of another governmental purpose. No diversion of funds can occur
    14  contrary to this section by an administrative act of the director or any

    15  other  person  in the executive branch but can occur only upon a statute
    16  enacted into law authorizing a diversion that would otherwise be prohib-
    17  ited by this section.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10374-05-1
        S. 4257--C                          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    § 2. This act shall take effect immediately.