S T A T E   O F   N E W   Y O R K
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                                  5996

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 3, 2011
                               ___________

Introduced  by  M.  of  A.  BURLING,  CALHOUN, FINCH, McDONOUGH, GIGLIO,
  McKEVITT, HAWLEY, MONTESANO, CORWIN -- Multi-Sponsored by -- M. of  A.
  BARCLAY,  J. 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.
              

                                                           LBD89041-01-1

A. 5996                             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.