|SAME AS||SAME AS A05084|
|COSPNSR||ADDABBO, AVELLA, GRISANTI, HOYLMAN|
|Amd S182, Exec L|
|Relates to a prohibition on diversion of funds dedicated to public transportation systems.|
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STATE OF NEW YORK ________________________________________________________________________ 3837 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 their6 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 city21 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. LBD07372-01-3S. 3837 2 1 [ unless the governor declares a fiscal emergency, and communicates such2 emergency to the temporary president of the senate and speaker of the3 assembly, and a statute is enacted into law authorizing a diversion that4 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.