NY State Senate Bill 2011-S6275

Senate Bill S6275

2011-2012 Legislative Session

Prohibits the diversion of resources from dedicated funds derived from taxes and fees that support the Niagara frontier transportation authority

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Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 19, 2012	referred to finance

co-Sponsors

2011-S6275 (ACTIVE) - Details

See Assembly Version of this Bill:: A9120
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §183, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S2074, A3493
2015-2016: S4523, A3208

2011-S6275 (ACTIVE) - Summary

Prohibits the diversion of resources from dedicated funds derived from taxes and fees that support the Niagara frontier transportation authority and its subsidiaries.

2011-S6275 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6275

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 Niagara frontier transportation authority and its subsidiaries in
certain instances

PURPOSE:
To prohibit the diversion of funds dedicated for the
NFTA.

SUMMARY OF SPECIFIC PROVISIONS:
Adds a new section 183 to the
executive law prohibiting the diversion of funds dedicated to the
Niagara Frontier transportation Authority and its subsidiaries to the
general fund.

Establishes procedures and action on requests for diversions of funds
during certain periods and circumstances.

JUSTIFICATION:
The NFTA's budget deficit is caused by' converging
fiscal constraints, outside of the Authority's control. The state's
economic climate has significantly decreased the NFTA's annual state

transit operating assistance (STOA) while at the same time adversely
impacting health care insurance costs, workers compensation costs,
and mortgage recording tax levels. The NFTA's current STOA level is
$4.3 million less than the amount proposed in the 2008-2009 executive
budget. While dedicated funding sources are decreasing,
responsibilities and needs are steadily increasing. The NFTA is New
York State's second largest transit provider, and the only upstate
entity with a light rail system. The NFTA serves over 27 million
annual Metro passengers, operates two growing airports, manages 2,000
acres of real estate in Erie and Niagara Counties, as well as the
state's largest boat marina. The cost of these comprehensive
services, and maintenance of an aging transit fleet, simply exceeds
the current level of revenues and assistance received at every level
of government.

The NFTA has taken extensive steps to cut costs and increase revenues
in each business center, the same year that STOA reductions began.
However, internal measures alone will not erase the deficit.
Protection of annual STOA, in addition to further cost savings and
generation of new revenues, is necessary. The NFTA employs over
1,600 people, connects millions of people to employment, and links
the local Western New York economy to the rest of the country and the
world. Predictable funding is needed to sustain the NFTA's services
and its positive impact on the region and the entire state.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
Immediately.

2011-S6275 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6275

                            I N  S E N A T E

                            January 19, 2012
                               ___________

Introduced  by  Sens.  GRISANTI,  MAZIARZ, RANZENHOFER -- 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 Niagara frontier 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. The executive law is amended by adding a new section 183 to
read as follows:
  S  183. DIVERSION OF FUNDS DEDICATED TO THE NIAGARA FRONTIER TRANSPOR-
TATION AUTHORITY AND ITS SUBSIDIARIES TO THE GENERAL FUND OF  THE  STATE
IS PROHIBITED. 1. THE DIRECTOR SHALL BE PROHIBITED FROM DIVERTING REVEN-
UES DERIVED FROM TAXES AND FEES PAID BY THE PUBLIC INTO ANY FUND CREATED
BY LAW INCLUDING, BUT NOT LIMITED, TO SECTION NINETY-NINE-H OF THE STATE
FINANCE LAW, AS AMENDED BY CHAPTER SEVEN HUNDRED FORTY-SEVEN OF THE LAWS
OF  TWO  THOUSAND  SIX,  FOR THE PURPOSE OF FUNDING THE NIAGARA FRONTIER
TRANSPORTATION AUTHORITY AND ANY OF ITS 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  PROHIBITED  BY
THIS SECTION.
  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 FUNDS;
  (B) THE AMOUNT DIVERTED FROM EACH FUND;
  (C) THE AMOUNT DIVERTED EXPRESSED AS CURRENT MONTHLY FARES;
  (D) THE CUMULATIVE AMOUNT OF DIVERSION FROM DEDICATED FUNDS DURING THE
PRECEDING FIVE YEARS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD13949-01-2

S. 6275                             2

  (E) THE DATE OR DATES WHEN THE DIVERSION IS TO OCCUR; AND
  (F)  A  DETAILED  ESTIMATE  OF  THE IMPACT OF DIVERSION FROM DEDICATED
FUNDS WILL HAVE ON THE LEVEL  OF  TRANSPORTATION  SERVICE,  MAINTENANCE,
SECURITY, AND THE CURRENT CAPITAL PROGRAM.
  S 2. This act shall take effect immediately.

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Senate Bill S6275

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Sponsored By

Mark Grisanti