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A08511 Summary:

COSPNSREnglebright, Rosenthal L, Colton, Taylor, Mosley, Arroyo, Glick, Cook, Pichardo, Barron, D'Urso, Seawright, Simon, Rivera, Aubry, Gottfried, Murray, Hyndman
MLTSPNSRBuchwald, Epstein, Galef, Thiele
Amd §182, Exec L
Relates to a prohibition on diversion of funds dedicated to public transportation systems.
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A08511 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      June 18, 2017
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Ways and Means
        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  their
     6  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 city
    21  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.

        A. 8511                             2
     1  [unless the governor declares a fiscal emergency, and communicates  such
     2  emergency  to  the  temporary president of the senate and speaker of the
     3  assembly, and a statute is enacted into law authorizing a diversion that
     4  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.
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