senate Bill S4257C

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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Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 16, 2011 signed chap.601
Dec 15, 2011 delivered to governor
Jun 24, 2011 returned to senate
passed assembly
ordered to third reading rules cal.623
substituted for a6766c
Jun 22, 2011 referred to ways and means
delivered to assembly
passed senate
ordered to third reading cal.1497
committee discharged and committed to rules
Jun 13, 2011 print number 4257c
Jun 13, 2011 amend (t) and recommit to finance
May 18, 2011 print number 4257b
May 18, 2011 amend and recommit to finance
Apr 28, 2011 print number 4257a
Apr 28, 2011 amend and recommit to finance
Mar 25, 2011 referred to finance

Co-Sponsors

S4257 - Details

See Assembly Version of this Bill:
A6766
Law Section:
Executive Law
Laws Affected:
Add §182, Exec L

S4257 - 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.

S4257 - Sponsor Memo

S4257 - Bill Text download pdf

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

                                  4257

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 25, 2011
                               ___________

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  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 has been "swept" from some or all of the  720  dedicated  funds,
taxes  and  fees enacted into law for an explicit purpose. Commencing in
2007, the division of budget (DOB) has  been  given  the  administrative
authority  to divert from such funds one billion dollars to cover short-
falls 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 one hundred sixty 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  administrative  diversions  in  certain  instances  and  to
improve transparency and citizen awareness should an overriding emergen-
cy 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
PROHIBITED  IN  CERTAIN  INSTANCES.  THE DIRECTOR OF THE BUDGET 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 FUND-
ING  THE  METROPOLITAN  TRANSPORTATION  AUTHORITY  OR ANY OF ITS SUBSID-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10374-01-1

Co-Sponsors

S4257A - Details

See Assembly Version of this Bill:
A6766
Law Section:
Executive Law
Laws Affected:
Add §182, Exec L

S4257A - 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.

S4257A - Sponsor Memo

S4257A - Bill Text download pdf

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

                                 4257--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 25, 2011
                               ___________

Introduced  by  Sens.  GOLDEN, AVELLA -- read twice and ordered printed,
  and when printed to be  committed  to  the  Committee  on  Finance  --
  committee  discharged,  bill amended, 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. Legislative findings. In the previous ten years 2.9 billion
dollars has been "swept" from some or all of the  720  dedicated  funds,
taxes  and  fees enacted into law for an explicit purpose. Commencing in
2007, the division of budget (DOB) has  been  given  the  administrative
authority  to divert from such funds one billion dollars to cover short-
falls 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 one hundred sixty 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  administrative  diversions  in  certain  instances  and  to
improve transparency and citizen awareness should an overriding emergen-
cy 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
PROHIBITED IN CERTAIN INSTANCES. 1.  THE DIRECTOR OF THE BUDGET SHALL BE
PROHIBITED  FROM  DIVERTING REVENUES DERIVED FROM TAXES AND FEES PAID BY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10374-02-1

Co-Sponsors

view additional co-sponsors

S4257B - Details

See Assembly Version of this Bill:
A6766
Law Section:
Executive Law
Laws Affected:
Add §182, Exec L

S4257B - 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.

S4257B - Sponsor Memo

S4257B - Bill Text download pdf

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

                                 4257--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 25, 2011
                               ___________

Introduced  by  Sens.  GOLDEN, AVELLA -- read twice and ordered printed,
  and when printed to be  committed  to  the  Committee  on  Finance  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  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
LEGISLATION  DIVERTING  FUNDS SHALL INCLUDE A DIVERSION IMPACT STATEMENT
WHICH INCLUDES THE FOLLOWING INFORMATION:
  (A) THE AMOUNT OF THE DIVERSION FROM DEDICATED MASS TRANSIT FUNDS;
  (B) THE AMOUNT DIVERTED FROM EACH FUND;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10374-04-1

Co-Sponsors

view additional co-sponsors

S4257C (ACTIVE) - Details

See Assembly Version of this Bill:
A6766
Law Section:
Executive Law
Laws Affected:
Add §182, Exec L

S4257C (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.

S4257C (ACTIVE) - Sponsor Memo

S4257C (ACTIVE) - Bill Text download pdf

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

                                 4257--C

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 25, 2011
                               ___________

Introduced by Sens. GOLDEN, AVELLA, DILAN, KRUEGER, LANZA, SAVINO, SQUA-
  DRON -- read twice and ordered printed, and when printed to be commit-
  ted to the Committee on Finance -- committee discharged, bill amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said committee -- committee discharged, bill amended,
  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
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 PROHIB-
ITED BY THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10374-05-1

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