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S03837 Summary:

Amd S182, Exec L
Relates to a prohibition on diversion of funds dedicated to public transportation systems.
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S03837 Text:

                STATE OF NEW YORK
                               2013-2014 Regular Sessions
                    IN SENATE
                                    February 21, 2013
        Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance
        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    § 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
    22  systems into the general fund of the state or into any other fund  main-
    23  tained  for the support of another governmental purpose. No diversion of
    24  funds can occur contrary to this section by an administrative act of the
    25  director of the budget or any  other  person  in  the  executive  branch
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 3837                             2
     1  [unless  the governor declares a fiscal emergency, and communicates such
     2  emergency to the temporary president of the senate and  speaker  of  the

     3  assembly, and a statute is enacted into law authorizing a diversion that
     4  would otherwise be prohibited by this section].
     5    3. If any diversion of funds occurs by passage of legislation during a
     6  regular or extraordinary session of the legislature, the director of the
     7  budget shall create and include with the budget or legislation diverting
     8  funds,  a  diversion  impact statement which shall include the following
     9  information:
    10    (a) The amount of the diversion from dedicated mass transit funds;
    11    (b) The amount diverted from each fund;
    12    (c) The amount diverted expressed as current monthly transit fares;
    13    (d) The cumulative amount of diversion  from  dedicated  mass  transit
    14  funds during the preceding five years;

    15    (e) The date or dates when the diversion is to occur; and
    16    (f) A detailed estimate of the impact of diversion from dedicated mass
    17  transit  funds  will  have  on the level of public transportation system
    18  service, maintenance, security, and the current capital program.
    19    § 2. This act shall take effect immediately.
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