S4257C-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

S4257C-2011 Meetings

S4257C-2011 Calendars

S4257C-2011 Votes

S4257C-2011 Memo

BILL NUMBER:S4257C

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 or the New York city
transit authority and their subsidiaries in certain
instances

SUMMARY OF PROVISIONS:
Section 1. 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.

Establishes procedures and action on requests for diversions of funds
during certain periods and circumstances. Further, judicial relief
opportunities are established for adversely effected employees and/or
employee organizations.

JUSTIFICATION:
In the past year, more than $160 million 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.

S4257C-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 4257--C
 2011-2012 Regular Sessions
 I N  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:

 

Section 1.  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  OR  THE  NEW  YORK  CITY  TRANSIT  AUTHORITY AND ANY OF THEIR
 SUBSIDIARIES TO THE GENERAL FUND OF THE STATE IS  PROHIBITED.  1.    THE
 DIRECTOR  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 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 INTO THE
 GENERAL FUND OF THE STATE OR INTO ANY  OTHER  FUND  MAINTAINED  FOR  THE
 SUPPORT OF ANOTHER GOVERNMENTAL PURPOSE. NO DIVERSION OF FUNDS CAN OCCUR
 CONTRARY TO THIS SECTION BY AN ADMINISTRATIVE ACT OF THE DIRECTOR 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 PROHIB
 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
 2. IF ANY DIVERSION OF FUNDS OCCURS BY PASSAGE OF LEGISLATION DURING A
 REGULAR OR EXTRAORDINARY SESSION  OF  THE  LEGISLATURE,  THE  BUDGET  OR
 LEGISLATION  DIVERTING  FUNDS SHALL INCLUDE A DIVERSION IMPACT STATEMENT
 WHICH INCLUDES 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 MASS  TRANSIT  SERVICE,  MAINTE
 NANCE, SECURITY, AND THE CURRENT CAPITAL PROGRAM.
 

S 2. This act shall take effect immediately.

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