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Assembly Bill A6766

Signed By Governor

2011-2012 Legislative Session

Prohibits diversion of resources from certain dedicated funds that support the MTA, the NYC transit authority and their subsidiaries in certain instances

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Archive: Last Bill Status Via S4257 - Signed by Governor

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Bill Amendments

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2011-A6766 - Details

Law Section:
Executive Law
Laws Affected:
Add §182, Exec L

2011-A6766 - Summary

Prohibits diversion of resources from dedicated funds derived from taxes and fees that support the MTA, the NYC transit authority and their subsidiaries in certain instances.

2011-A6766 - Bill Text download pdf 

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

                                  6766

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 28, 2011
                               ___________

Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
  tee on Ways and Means

AN ACT to amend the executive law, in relation to prohibiting  diversion
  of  resources  from  dedicated  funds derived from taxes and fees that
  support the metropolitan 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.    Legislative  findings.  In  the previous ten years, 2.9
billion dollars have been "swept" from some or all of the 720  dedicated
funds, taxes and fees enacted into law for an explicit purpose. Commenc-
ing in 2007, the division of budget (DOB) has been given the administra-
tive  authority  to  divert from such funds one billion dollars to cover
shortfalls in the general fund of the state. Diversion of such dedicated
funding violates the understanding of taxpayers who  pay  these  special
use taxes and fees to benefit a specific government purpose. In the past
year  more than 160 million dollars has been diverted from MTA dedicated
funds, including the payroll mobility tax, which has exacerbated bus and
subway service cuts and has diminished the quality of life  of  millions
of  New Yorkers. Accordingly, legislation is needed to prohibit adminis-
trative diversions in certain instances and to improve transparency  and
citizen  awareness  should  an overriding emergency nevertheless require
diversion of resources to the general fund.
  S 2. The executive law is amended by adding a new section 182 to  read
as follows:
  S 182. DIVERSION OF FUNDS DEDICATED TO THE METROPOLITAN TRANSPORTATION
AUTHORITY  AND  ANY OF ITS SUBSIDIARIES TO THE GENERAL FUND OF THE STATE
IS PROHIBITED IN CERTAIN INSTANCES. THE  DIRECTOR  SHALL  BE  PROHIBITED
FROM  DIVERTING  REVENUES DERIVED FROM TAXES AND FEES PAID BY THE PUBLIC
INTO A FUND CREATED BY LAW FOR THE EXPRESS PURPOSE OF FUNDING THE METRO-
POLITAN TRANSPORTATION AUTHORITY OR ANY OF  ITS  SUBSIDIARIES  INTO  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10429-01-1

co-Sponsors

multi-Sponsors

2011-A6766A - Details

Law Section:
Executive Law
Laws Affected:
Add §182, Exec L

2011-A6766A - Summary

Prohibits diversion of resources from dedicated funds derived from taxes and fees that support the MTA, the NYC transit authority and their subsidiaries in certain instances.

2011-A6766A - Bill Text download pdf 

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

                                 6766--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 28, 2011
                               ___________

Introduced  by  M.  of A. BRENNAN, MAISEL, BENEDETTO, ROSENTHAL, WEISEN-
  BERG,  COLTON,  PAULIN,  JACOBS,  MENG,  STEVENSON,  CAHILL,   WEPRIN,
  LINARES,  MILLMAN, ROBINSON, SCHIMEL -- Multi-Sponsored by -- M. of A.
  ABBATE, BRAUNSTEIN, CAMARA, GIBSON, GLICK, GOTTFRIED, MARKEY, SCARBOR-
  OUGH, TITONE -- read once and referred to the Committee  on  Ways  and
  Means  --  committee  discharged,  bill  amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the executive law, in relation to prohibiting  diversion
  of  resources  from  dedicated  funds derived from taxes and fees that
  support the metropolitan 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 182
to read as follows:
  S 182.  DIVERSION OF FUNDS DEDICATED TO THE  METROPOLITAN  TRANSPORTA-
TION  AUTHORITY  AND  ANY OF ITS SUBSIDIARIES TO THE GENERAL FUND OF THE
STATE IS PROHIBITED. 1. THE DIRECTOR SHALL BE PROHIBITED FROM  DIVERTING
REVENUES  DERIVED  FROM  TAXES  AND  FEES PAID BY THE PUBLIC INTO A FUND
CREATED BY LAW FOR THE EXPRESSED PURPOSE  OF  FUNDING  THE  METROPOLITAN
TRANSPORTATION  AUTHORITY  OR  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10429-04-1

co-Sponsors

multi-Sponsors

2011-A6766B - Details

Law Section:
Executive Law
Laws Affected:
Add §182, Exec L

2011-A6766B - Summary

Prohibits diversion of resources from dedicated funds derived from taxes and fees that support the MTA, the NYC transit authority and their subsidiaries in certain instances.

2011-A6766B - Bill Text download pdf 

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

                                 6766--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 28, 2011
                               ___________

Introduced  by  M.  of A. BRENNAN, MAISEL, BENEDETTO, ROSENTHAL, WEISEN-
  BERG,  COLTON,  PAULIN,  JACOBS,  MENG,  STEVENSON,  CAHILL,   WEPRIN,
  LINARES,  MILLMAN,  ROBINSON,  SCHIMEL,  SCARBOROUGH, CASTRO -- Multi-
  Sponsored by -- M. of A.  ABBATE, BRAUNSTEIN, CAMARA,  GIBSON,  GLICK,
  GOTTFRIED,  LENTOL,  MALLIOTAKIS,  MARKEY,  TITONE  --  read  once and
  referred to the Committee on Ways and Means --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- again  reported  from  said  committee  with  amendments,
  ordered reprinted as amended and recommitted to said committee

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 metropolitan 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 182
to read as follows:
  S 182.  DIVERSION OF FUNDS DEDICATED TO THE  METROPOLITAN  TRANSPORTA-
TION  AUTHORITY  AND  ANY OF ITS SUBSIDIARIES TO THE GENERAL FUND OF THE
STATE IS PROHIBITED. 1. THE DIRECTOR SHALL BE PROHIBITED FROM  DIVERTING
REVENUES  DERIVED  FROM  TAXES  AND  FEES PAID BY THE PUBLIC INTO A FUND
CREATED BY LAW FOR THE EXPRESSED PURPOSE  OF  FUNDING  THE  METROPOLITAN
TRANSPORTATION  AUTHORITY  OR  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10429-05-1

co-Sponsors

multi-Sponsors

2011-A6766C (ACTIVE) - Details

Law Section:
Executive Law
Laws Affected:
Add §182, Exec L

2011-A6766C (ACTIVE) - Summary

Prohibits diversion of resources from dedicated funds derived from taxes and fees that support the MTA, the NYC transit authority and their subsidiaries in certain instances.

2011-A6766C (ACTIVE) - Bill Text download pdf 

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

                                 6766--C

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 28, 2011
                               ___________

Introduced  by  M.  of A. BRENNAN, MAISEL, BENEDETTO, ROSENTHAL, WEISEN-
  BERG,  COLTON,  PAULIN,  JACOBS,  MENG,  STEVENSON,  CAHILL,   WEPRIN,
  LINARES,  MILLMAN,  ROBINSON, SCHIMEL, SCARBOROUGH, CASTRO, P. RIVERA,
  KAVANAGH, CRESPO, JEFFRIES, LANCMAN -- Multi-Sponsored by -- M. of  A.
  ABBATE, ABINANTI, BRAUNSTEIN, CAMARA, CYMBROWITZ, GIBSON, GLICK, GOTT-
  FRIED,  LENTOL,  MALLIOTAKIS,  MARKEY, TITONE, WRIGHT -- read once and
  referred to the Committee on Ways and Means --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- again  reported  from  said  committee  with  amendments,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  again reported from said committee with amendments, ordered  reprinted
  as amended and recommitted to said committee

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 metropolitan transportation authority or the New
  York   city  transit  authority  and  their  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 182
to read as follows:
  S 182. DIVERSION OF FUNDS DEDICATED TO THE METROPOLITAN TRANSPORTATION
AUTHORITY OR THE NEW YORK  CITY  TRANSIT  AUTHORITY  AND  ANY  OF  THEIR
SUBSIDIARIES  TO  THE  GENERAL  FUND OF THE STATE IS PROHIBITED. 1.  THE
DIRECTOR 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  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  INTO  THE
GENERAL  FUND  OF  THE  STATE  OR INTO ANY OTHER FUND MAINTAINED FOR THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10429-07-1

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