S4257-2011 Actions

• Dec 16, 2011: SIGNED CHAP.601
• Dec 15, 2011: DELIVERED TO GOVERNOR
• Jun 24, 2011: returned to senate
• Jun 24, 2011: passed assembly
• Jun 24, 2011: ordered to third reading rules cal.623
• Jun 24, 2011: substituted for a6766c
• Jun 22, 2011: referred to ways and means
• Jun 22, 2011: DELIVERED TO ASSEMBLY
• Jun 22, 2011: PASSED SENATE
• Jun 22, 2011: ORDERED TO THIRD READING CAL.1497
• Jun 22, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 13, 2011: PRINT NUMBER 4257C
• Jun 13, 2011: AMEND (T) AND RECOMMIT TO FINANCE
• May 18, 2011: PRINT NUMBER 4257B
• May 18, 2011: AMEND AND RECOMMIT TO FINANCE
• Apr 28, 2011: PRINT NUMBER 4257A
• Apr 28, 2011: AMEND AND RECOMMIT TO FINANCE
• Mar 25, 2011: REFERRED TO FINANCE

S4257-2011 Memo

BILL NUMBER:S4257

TITLE OF BILL:
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 and its subsidiaries
in certain instances

SUMMARY OF PROVISIONS:
Section 1. Legislative Findings: In the previous ten years, $2.9
billion dollars has been "swept" from some or all of the 720
dedicated funds, taxes and fees enacted into law for an explicit
purpose.
Commencing in 2007, the Division of Budget (DOB) has been given the
administrative authority to divert from such funds $1 billion dollars
to cover shortfalls in the General Fund of the state. Diversion of
such dedicated funding violates the understanding of taxpayers who
pay these special use taxes and fees to benefit a specific government
purpose.

Section 2. Adds a new section 182 to the executive law prohibiting the
diversion of funds dedicated to the metropolitan transportation
authority and its subsidiaries to the general fund for at least the
initial twenty-four month period following a general fare increase.

JUSTIFICATION:
In the past year, more than $160 million dollars has been diverted
from MTA dedicated funds, including the Payroll Mobility Tax, which
has exacerbated bus and subway service cuts and has diminished the
quality of life of millions of New Yorkers. Accordingly, legislation
is needed to prohibit administrative diversions in certain instances
and to improve transparency and citizen awareness should an
overriding emergency nevertheless require diversion of resources to
the General Fund.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S4257-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4257
 2011-2012 Regular Sessions
 I N  SENATE
 March 25, 2011
 
 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  resources  from  dedicated funds derived from taxes and
 fees that support the metropolitan 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:

 

Section 1. Legislative findings. In the previous ten years 2.9 billion
 dollars has been "swept" from some or all of the  720  dedicated  funds,
 taxes  and  fees enacted into law for an explicit purpose. Commencing in
 2007, the division of budget (DOB) has  been  given  the  administrative
 authority  to divert from such funds one billion dollars to cover short
 falls in the general fund of the  state.  Diversion  of  such  dedicated
 funding  violates  the  understanding of taxpayers who pay these special
 use taxes and fees to benefit a specific government purpose. In the past
 year more than one hundred sixty million dollars has been diverted  from
 MTA  dedicated  funds,  including  the  payroll  mobility tax, which has
 exacerbated bus and subway service cuts and has diminished  the  quality
 of  life  of millions of New Yorkers. Accordingly, legislation is needed
 to prohibit  administrative  diversions  in  certain  instances  and  to
 improve transparency and citizen awareness should an overriding emergen
 cy nevertheless require diversion of resources to the general fund.
 

S  2. The executive law is amended by adding a new section 182 to read
 as follows:

 

S 182. DIVERSION OF FUNDS DEDICATED TO THE METROPOLITAN TRANSPORTATION
 AUTHORITY AND ANY OF ITS SUBSIDIARIES TO THE GENERAL FUND OF  THE  STATE
 PROHIBITED  IN  CERTAIN  INSTANCES.  THE DIRECTOR OF THE BUDGET SHALL BE
 PROHIBITED FROM DIVERTING REVENUES DERIVED FROM TAXES AND FEES  PAID  BY
 THE PUBLIC INTO A FUND CREATED BY LAW FOR THE EXPRESSED PURPOSE OF FUND
 ING  THE  METROPOLITAN  TRANSPORTATION  AUTHORITY  OR ANY OF ITS SUBSID
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10374-01-1
 
       S. 4257                             2
 IARIES, INTO THE GENERAL FUND OF THE STATE OR INTO ANY OTHER FUND  MAIN
 TAINED FOR THE SUPPORT OF ANOTHER GOVERNMENTAL PURPOSE, FOR AT LEAST THE
 INITIAL  TWENTY-FOUR MONTH TIME PERIOD FOLLOWING A GENERAL FARE INCREASE
 BY  SUCH AUTHORITY AND/OR ANY OF ITS SUBSIDIARIES. 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 BRANCH, BUT
 CAN OCCUR ONLY UPON A STATUTE ENACTED INTO LAW AUTHORIZING  A  DIVERSION
 THAT WOULD OTHERWISE BE PROHIBITED BY THIS SECTION.
 

S 3. This act shall take effect immediately.

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