senate Bill S3837

Vetoed

Relates to a prohibition on diversion of funds dedicated to public transportation systems

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor
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actions

  • 21 / Feb / 2013
    • REFERRED TO FINANCE
  • 11 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 11 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1262
  • 12 / Jun / 2013
    • PASSED SENATE
  • 12 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2013
    • REFERRED TO WAYS AND MEANS
  • 19 / Jun / 2013
    • SUBSTITUTED FOR A5084
  • 19 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.418
  • 19 / Jun / 2013
    • PASSED ASSEMBLY
  • 19 / Jun / 2013
    • RETURNED TO SENATE
  • 01 / Nov / 2013
    • DELIVERED TO GOVERNOR
  • 13 / Nov / 2013
    • VETOED MEMO.247

Summary

Relates to a prohibition on diversion of funds dedicated to public transportation systems.

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Bill Details

See Assembly Version of this Bill:
A5084
Versions:
S3837
Legislative Cycle:
2013-2014
Law Section:
Executive Law
Laws Affected:
Amd §182, Exec L
Versions Introduced in 2011-2012 Legislative Cycle:
S6170A, A9017A, S6170A

Sponsor Memo

BILL NUMBER:S3837

TITLE OF BILL: An act to amend the executive law, in relation to a
prohibition on diversion of funds dedicated to public transportation
systems

PURPOSE OR GENERAL IDEA OF BILL: The bill amends section 182 of the
Executive law, to prohibit funds raised to support public
transportation systems from being diverted towards another purpose
unless a statute is enacted to authorize such a diversion.

The bill defines "public transportation systems" to include any public
benefit corporation constituting a transportation authority which
provides or contract for mass transit services, a subsidiary thereof,
or any county or city which provides or contracts for mass transit
services.

The bill declares that the only condition where it is acceptable for
these funds to be diverted is through legislation, and that
legislation must include a diversion impact statement Such statement
must include the amount of the diversion from each fund listed
separately, the amount diverted expressed as current monthly transit
fares, the cumulative amount of diversion from the previous 5 years
and a detailed estimate of the impact of the diversion from dedicated
mass transit funds will have on service, maintenance, security and the
current capital program. The funds affected are listed as including,
but not limited to §§ 88-a, 89-c or 92-ff of the state finance law and
chapter 25 of the Laws of 2009.

JUSTIFICATION:

This bill requires that these funds, which were put into law far the
express purpose of funding public transportation systems, be used for
their intended purpose or provide a detailed statement on the effects
of not doing so. By retaining these funds for the system, we stabilize
fares and protect funding for the system's operation.

PRIOR LEGISLATIVE HISTORY:

Similar to S.4257C/A.6766C of 2011.

FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT:

None.

EFFECTIVE DATE:

Immediately.

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

                                  3837

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 21, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 funds dedicated to public transportation systems

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 182 of the executive law, as amended by  section  1
of  part  J  of  chapter  56  of the laws of 2011, is amended to read as
follows:
  S 182. Diversion of funds dedicated to [the  metropolitan  transporta-
tion  authority  or the New York city transit authority and any of their
subsidiaries] PUBLIC TRANSPORTATION SYSTEMS to the general fund  of  the
state  OR  TO  ANY OTHER PURPOSE, is prohibited.  1. FOR THE PURPOSES OF
THIS SECTION, THE TERM "PUBLIC TRANSPORTATION  SYSTEM"  SHALL  MEAN  ANY
PUBLIC BENEFIT CORPORATION CONSTITUTING A TRANSPORTATION AUTHORITY WHICH
PROVIDES OR CONTRACTS FOR THE PROVISION OF, UNDER JOINT SUPPORT ARRANGE-
MENTS,  MASS  TRANSPORTATION  SERVICES,  OR A SUBSIDIARY THEREOF, OR ANY
COUNTY OR CITY WHICH PROVIDES OR CONTRACTS FOR THE PROVISION OF,  PURSU-
ANT TO SECTION ONE HUNDRED NINETEEN-R OF THE GENERAL MUNICIPAL LAW, MASS
TRANSPORTATION SERVICES.
  2.  The  director  OF  THE  BUDGET  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 AND NINETY-TWO-FF 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] PUBLIC TRANSPORTATION
SYSTEMS into the general fund of the state or into any other fund  main-
tained  for the support of another governmental purpose. No diversion of
funds can occur contrary to this section by an administrative act of the
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.
                                                           LBD07372-01-3

S. 3837                             2

[unless  the governor declares a fiscal emergency, and communicates such
emergency to the temporary president of the senate and  speaker  of  the
assembly, and a statute is enacted into law authorizing a diversion that
would otherwise be prohibited by this section].
  3. IF ANY DIVERSION OF FUNDS OCCURS BY PASSAGE OF LEGISLATION DURING A
REGULAR OR EXTRAORDINARY SESSION OF THE LEGISLATURE, THE DIRECTOR OF THE
BUDGET SHALL CREATE AND INCLUDE WITH THE BUDGET OR LEGISLATION DIVERTING
FUNDS,  A  DIVERSION  IMPACT STATEMENT WHICH SHALL INCLUDE 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 PUBLIC TRANSPORTATION SYSTEM
SERVICE, MAINTENANCE, SECURITY, AND THE CURRENT CAPITAL PROGRAM.
  S 2. This act shall take effect immediately.

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