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

                                  6608

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2009
                               ___________

Introduced  by  M.  of  A.  BURLING,  ALFANO, CALHOUN, FINCH, McDONOUGH,
  GIGLIO, WALKER, McKEVITT, HAWLEY, BARRA -- Multi-Sponsored by -- M. of
  A. BARCLAY, MILLER, SPANO -- read once and referred to  the  Committee
  on Ways and Means

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing  an amendment to article 7 of the constitution, in relation to
  restricting the use of fees and taxes paid into  a  dedicated  highway
  and bridge trust fund and a dedicated mass transportation trust fund

  Section  1.  Resolved  (if  the  Senate concur), That article 7 of the
constitution be amended by adding two new sections 20 and 21 to read  as
follows:
  S  20.  MONEYS  IN  THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB-
LISHED BY LAW SHALL BE SEPARATELY KEPT AND SAFELY INVESTED AND SHALL NOT
BE APPROPRIATED OR USED IN ANY MANNER  OTHER  THAN  FOR  RECONSTRUCTION,
REPLACEMENT,  RECONDITIONING, RESTORATION, REHABILITATION, AND PRESERVA-
TION OF HIGHWAYS, PARKWAYS AND BRIDGES THEREON, TO RESTORE SUCH  FACILI-
TIES TO THEIR INTENDED FUNCTIONS; CONSTRUCTION, RECONSTRUCTION, ENHANCE-
MENT  AND  IMPROVEMENT  OF  HIGHWAYS,  PARKWAYS  AND BRIDGES THEREON, TO
ADDRESS CURRENT AND PROJECTED CAPACITY PROBLEMS; MATCHING FEDERAL GRANTS
OR APPORTIONMENTS TO THE STATE FOR HIGHWAY, PARKWAY AND  BRIDGE  CAPITAL
PROJECTS;  THE  ACQUISITION  OF  REAL  PROPERTY  AND  INTERESTS  THEREIN
REQUIRED OR EXPECTED TO BE REQUIRED IN CONNECTION  WITH  SUCH  PROJECTS;
PAYMENTS PURSUANT TO ANY AGREEMENT, IN ACCORDANCE WITH LAW, WITH PRIVATE
ENGINEERS,   ARCHITECTS,   LAND  SURVEYORS  OR  OTHERS  PRACTICING  SUCH
PROFESSIONS, TO FACILITATE SUCH PROJECTS; PREVENTIVE MAINTENANCE  ACTIV-
ITIES  NECESSARY  TO  ENSURE THAT HIGHWAYS, PARKWAYS AND BRIDGES MEET OR
EXCEED THEIR OPTIMUM USEFUL LIFE; EXPENSES ASSOCIATED WITH THE  DEVELOP-
MENT  OR  CONSTRUCTION  OF  SUCH  PROJECTS UP TO THE AMOUNT HISTORICALLY
APPROPRIATED FROM THE  ENGINEERING  SERVICES  FUND  FROM  STATE  SOURCES
EXCEPT  SUCH AMOUNTS THAT ARE REIMBURSED FROM THE PROCEEDS OF THE ACCEL-
ERATED CAPACITY AND TRANSPORTATION IMPROVEMENTS  OF  THE  NINETIES  BOND
ACT;  PAYMENTS  TO  THE  GENERAL  DEBT  SERVICE FUND OF AMOUNTS EQUAL TO

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

                                                           LBD89068-01-9

A. 6608                             2

AMOUNTS REQUIRED FOR SERVICE CONTRACT PAYMENTS AS PROVIDED  AND  AUTHOR-
IZED BY LAW TO SUPPORT THE CONSOLIDATED LOCAL HIGHWAY ASSISTANCE PROGRAM
AND  THE  NON-FEDERAL  SHARE OF FEDERAL AID MUNICIPAL STREET AND HIGHWAY
PROJECTS;  THE  PAYMENT  OF DEBT SERVICE REQUIRED ON ANY BONDS, NOTES OR
OTHER OBLIGATIONS FOR HIGHWAY, PARKWAY AND BRIDGE PURPOSES AUTHORIZED ON
OR AFTER THE EFFECTIVE DATE OF THE DEDICATED HIGHWAY  AND  BRIDGE  TRUST
FUND;  AND  SUCH  OTHER  HIGHWAY,  PARKWAY AND BRIDGE PURPOSES AS MAY BE
AUTHORIZED BY THE LEGISLATURE PURSUANT TO LAW.
  S 21. MONEYS IN THE DEDICATED MASS TRANSPORTATION  TRUST  FUND  ESTAB-
LISHED BY LAW SHALL BE SEPARATELY KEPT AND SAFELY INVESTED AND SHALL NOT
BE  APPROPRIATED  OR  USED  IN ANY MANNER OTHER THAN FOR RECONSTRUCTION,
REPLACEMENT, PURCHASE, MODERNIZATION, IMPROVEMENT, RECONDITIONING, PRES-
ERVATION AND MAINTENANCE OF MASS TRANSIT FACILITIES, VEHICLES AND  ROLL-
ING  STOCK OR THE PAYMENT OF DEBT SERVICE OR OPERATING EXPENSES INCURRED
BY MASS TRANSIT OPERATING AGENCIES.
  S 2. Resolved (if the Senate concur), That the foregoing amendments be
referred to the first regular legislative session  convening  after  the
next  succeeding  general  election  of members of the assembly, and, in
conformity with  section  1  of  article  19  of  the  constitution,  be
published for 3 months previous to the time of such election.