Relates to a prohibition on diversion of funds dedicated to public transportation systems.
Ayes (61): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (2): Perkins, Ranzenhofer
TITLE OF BILL: An act to amend the executive law, in relation to a prohibition on diversion of funds dedicated to public transportation systems
PURPOSE OR GENERAL IDEA OF BILL: The bill amends section 182 of the Executive law, to prohibit funds raised to support public transportation systems from being diverted towards another purpose unless a statute is enacted to authorize such a diversion.
The bill defines "public transportation systems" to include any public benefit corporation constituting a transportation authority which provides or contract for mass transit services, a subsidiary thereof, or any county or city which provides or contracts for mass transit services.
The bill declares that the only condition where it is acceptable for these funds to be diverted is through legislation, and that legislation must include a diversion impact statement Such statement must include the amount of the diversion from each fund listed separately, the amount diverted expressed as current monthly transit fares, the cumulative amount of diversion from the previous 5 years and a detailed estimate of the impact of the diversion from dedicated mass transit funds will have on service, maintenance, security and the current capital program. The funds affected are listed as including, but not limited to §§ 88-a, 89-c or 92-ff of the state finance law and chapter 25 of the Laws of 2009.
This bill requires that these funds, which were put into law far the express purpose of funding public transportation systems, be used for their intended purpose or provide a detailed statement on the effects of not doing so. By retaining these funds for the system, we stabilize fares and protect funding for the system's operation.
PRIOR LEGISLATIVE HISTORY:
Similar to S.4257C/A.6766C of 2011.
FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT:
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: Section 1. Section 182 of the executive law, as amended by section 1 of part J of chapter 56 of the laws of 2011, is amended to read as follows: S 182. Diversion of funds dedicated to
[the metropolitan transporta- tion authority or the New York city transit authority and any of their subsidiaries]PUBLIC TRANSPORTATION SYSTEMS to the general fund of the state OR TO ANY OTHER PURPOSE, is prohibited. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "PUBLIC TRANSPORTATION SYSTEM" SHALL MEAN ANY PUBLIC BENEFIT CORPORATION CONSTITUTING A TRANSPORTATION AUTHORITY WHICH PROVIDES OR CONTRACTS FOR THE PROVISION OF, UNDER JOINT SUPPORT ARRANGE- MENTS, MASS TRANSPORTATION SERVICES, OR A SUBSIDIARY THEREOF, OR ANY COUNTY OR CITY WHICH PROVIDES OR CONTRACTS FOR THE PROVISION OF, PURSU- ANT TO SECTION ONE HUNDRED NINETEEN-R OF THE GENERAL MUNICIPAL LAW, MASS TRANSPORTATION SERVICES. 2. The director OF THE BUDGET shall be prohibited from diverting revenues derived from taxes and fees paid by the public into any fund created by law including, but not limited to sections eighty-eight-a [and], eighty-nine-c AND NINETY-TWO-FF of the state finance law and chapter twenty-five of the laws of two thousand nine for the purpose of funding [the metropolitan transportation authority or the New York city transit authority and any of their subsidiaries]PUBLIC TRANSPORTATION SYSTEMS into the general fund of the state or into any other fund main- tained for the support of another governmental purpose. No diversion of funds can occur contrary to this section by an administrative act of the director OF THE BUDGET or any other person in the executive branchEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07372-01-3 S. 3837 2 [unless the governor declares a fiscal emergency, and communicates such emergency to the temporary president of the senate and speaker of the assembly, and a statute is enacted into law authorizing a diversion that would otherwise be prohibited by this section]. 3. IF ANY DIVERSION OF FUNDS OCCURS BY PASSAGE OF LEGISLATION DURING A REGULAR OR EXTRAORDINARY SESSION OF THE LEGISLATURE, THE DIRECTOR OF THE BUDGET SHALL CREATE AND INCLUDE WITH THE BUDGET OR LEGISLATION DIVERTING FUNDS, A DIVERSION IMPACT STATEMENT WHICH SHALL INCLUDE THE FOLLOWING INFORMATION: (A) THE AMOUNT OF THE DIVERSION FROM DEDICATED MASS TRANSIT FUNDS; (B) THE AMOUNT DIVERTED FROM EACH FUND; (C) THE AMOUNT DIVERTED EXPRESSED AS CURRENT MONTHLY TRANSIT FARES; (D) THE CUMULATIVE AMOUNT OF DIVERSION FROM DEDICATED MASS TRANSIT FUNDS DURING THE PRECEDING FIVE YEARS; (E) THE DATE OR DATES WHEN THE DIVERSION IS TO OCCUR; AND (F) A DETAILED ESTIMATE OF THE IMPACT OF DIVERSION FROM DEDICATED MASS TRANSIT FUNDS WILL HAVE ON THE LEVEL OF PUBLIC TRANSPORTATION SYSTEM SERVICE, MAINTENANCE, SECURITY, AND THE CURRENT CAPITAL PROGRAM. S 2. This act shall take effect immediately.