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

                                  9120

                          I N  A S S E M B L Y

                            January 25, 2012
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
  Committee on Ways and Means

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 Niagara frontier  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 183 to
read as follows:
  S 183. DIVERSION OF FUNDS DEDICATED TO THE NIAGARA FRONTIER  TRANSPOR-
TATION  AUTHORITY  AND ITS SUBSIDIARIES TO THE GENERAL FUND OF THE STATE
IS PROHIBITED. 1. THE DIRECTOR SHALL BE PROHIBITED FROM DIVERTING REVEN-
UES DERIVED FROM TAXES AND FEES PAID BY THE PUBLIC INTO ANY FUND CREATED
BY LAW INCLUDING, BUT NOT LIMITED, TO SECTION NINETY-NINE-H OF THE STATE
FINANCE LAW, AS AMENDED BY CHAPTER SEVEN HUNDRED FORTY-SEVEN OF THE LAWS
OF TWO THOUSAND SIX, FOR THE PURPOSE OF  FUNDING  THE  NIAGARA  FRONTIER
TRANSPORTATION  AUTHORITY  AND  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 FUNDS;
  (B) THE AMOUNT DIVERTED FROM EACH FUND;
  (C) THE AMOUNT DIVERTED EXPRESSED AS CURRENT MONTHLY FARES;
  (D) THE CUMULATIVE AMOUNT OF DIVERSION FROM DEDICATED FUNDS DURING THE
PRECEDING FIVE YEARS;
  (E) THE DATE OR DATES WHEN THE DIVERSION IS TO OCCUR; AND

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

                                                           LBD13949-01-2

A. 9120                             2

  (F) A DETAILED ESTIMATE OF THE  IMPACT  OF  DIVERSION  FROM  DEDICATED
FUNDS  WILL  HAVE  ON  THE LEVEL OF TRANSPORTATION SERVICE, MAINTENANCE,
SECURITY, AND THE CURRENT CAPITAL PROGRAM.
  S 2. This act shall take effect immediately.