S T A T E O F N E W Y O R K
________________________________________________________________________
2074
2013-2014 Regular Sessions
I N S E N A T E
January 10, 2013
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Introduced by Sens. GRISANTI, GALLIVAN, KENNEDY, MAZIARZ, RANZENHOFER --
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 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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04730-01-3
S. 2074 2
(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
(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.