NY State Senate Bill 2015-S4523A

Senate Bill S4523A

Signed By Governor

2015-2016 Legislative Session

Prohibits the diversion of resources from dedicated funds derived from taxes and fees that support the Niagara frontier transportation authority

download bill text pdf

Archive: Last Bill Status Via A3208 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 20, 2015	signed chap.428
Nov 10, 2015	delivered to governor
Jun 15, 2015	returned to assembly passed senate substituted for s4523a
Jun 15, 2015	substituted by a3208a ordered to third reading cal.1534 committee discharged and committed to rules
Jun 02, 2015	print number 4523a
Jun 02, 2015	amend and recommit to finance
Mar 26, 2015	referred to finance

Votes

- Jun 15, 2015 - Floor Vote
  A3208
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2015
      
      aye (62)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (1)
      
      Libous
  Jun 15, 2015 - Rules Committee Vote
  S4523A
  
  22
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 15, 2015
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Hannon
      
      Hassell-Thompson
      
      LaValle
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      aye wr (3)
      
      Gianaris
      
      Krueger
      
      Perkins

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S4523 - Details

See Assembly Version of this Bill:: A3208
Law Section:: Executive Law
Laws Affected:: Add §183, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6275, A9120
2013-2014: S2074, A3493

2015-S4523 - Summary

Prohibits the diversion of resources from dedicated funds derived from taxes and fees that support the Niagara frontier transportation authority and its subsidiaries.

2015-S4523 - Sponsor Memo

                                BILL NUMBER:S4523

TITLE OF BILL:  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

PURPOSE:

To prohibit the diversion of funds dedicated for the NFTA.

SUMMARY OF SPECIFIC PROVISIONS:

Adds a new section 183 to the executive law prohibiting the diversion
of funds dedicated to the Niagara Frontier transportation Authority
and its subsidiaries to the general fund. Establishes procedures and
action on requests for diversions of funds during certain periods and
circumstances.

JUSTIFICATION:

The NFTA's budget deficit is caused by converging fiscal constraints,
outside of the Authority's control. The state's economic climate has
significantly decreased the NFTA's annual state transit operating
assistance (STOA) while at the same time adversely impacting health
care insurance costs, workers compensation costs, and mortgage

recording tax levels. The NFTA's current STOA level is 54.3 million
less than the amount proposed in the 2008-2009 executive budget. While
dedicated funding sources are decreasing, responsibilities and needs
are steadily increasing. The NFTA is New York State's second largest
transit provider, and the only upstate entity with a light rail
system. The NFTA serves over 27 million annual Metro passengers,
operates two growing airports, manages 2,000 acres of real estate in
Erie and Niagara Counties, as well as the state's largest boat marina.
The cost of these comprehensive services, and maintenance of an aging
transit fleet, simply exceeds the current level of revenues and
assistance received at every level of government.

The NFTA has taken extensive steps to cut costs and increase revenues
in each business center, the same year that STOA reductions began.
However, internal measures alone will not erase the deficit.
Protection of annual STOA, in addition to further cost savings and
generation of new revenues, is necessary. The NFTA employs over 1,600
people, connects millions of people to employment, and links the local
Western New York economy to the rest of the country and the world.
Predictable funding is needed to sustain the NFTA's services and its
positive impact on the region and the entire state.

PRIOR LEGISLATIVE HISTORY:

S. 6275 of 2011 Referred to Finance
S. 2074 of 2013/2014 Referred to Finance

FISCAL IMPLICATIONS:

None.


EFFECTIVE DATE:

Immediately.

2015-S4523 - Bill Text download pdf

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

                                  4523

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 26, 2015
                               ___________

Introduced  by  Sen.  ORTT  --  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;
  (C) THE AMOUNT DIVERTED EXPRESSED AS CURRENT MONTHLY FARES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01151-01-5

S. 4523                             2

  (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.

co-Sponsors

2015-S4523A (ACTIVE) - Details

See Assembly Version of this Bill:: A3208
Law Section:: Executive Law
Laws Affected:: Add §183, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6275, A9120
2013-2014: S2074, A3493

2015-S4523A (ACTIVE) - Summary

Prohibits the diversion of resources from dedicated funds derived from taxes and fees that support the Niagara frontier transportation authority and its subsidiaries.

2015-S4523A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4523A

TITLE OF BILL:

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

PURPOSE:

To prohibit the diversion of funds dedicated for the NFTA.

SUMMARY OF SPECIFIC PROVISIONS:

Adds a new section 183 to the executive law prohibiting the diversion
of funds dedicated to the Niagara Frontier transportation Authority
and its subsidiaries to the general fund. Establishes procedures and
action on requests for diversions of funds during certain periods and
circumstances.

JUSTIFICATION:

The NFTA's budget deficit is caused by converging fiscal constraints,
outside of the Authority's control. The state's economic climate has
significantly decreased the NFTA's annual state transit operating

assistance (STOA) while at the same time adversely impacting health
care insurance costs, workers compensation costs, and mortgage
recording tax levels. The NFTA's current STOA level is 54.3 million
less than the amount proposed in the 2008-2009 executive budget. While
dedicated funding sources are decreasing, responsibilities and needs
are steadily increasing. The NFTA is New York State's second largest
transit provider, and the only upstate entity with a light rail
system. The NFTA serves over 27 million annual Metro passengers,
operates two growing airports, manages 2,000 acres of real estate in
Erie and Niagara Counties, as well as the state's largest boat marina.
The cost of these comprehensive services, and maintenance of an aging
transit fleet, simply exceeds the current level of revenues and
assistance received at every level of government.

The NFTA has taken extensive steps to cut costs and increase revenues
in each business center, the same year that STOA reductions began.
However, internal measures alone will not erase the deficit.
Protection of annual STOA, in addition to further cost savings and
generation of new revenues, is necessary. The NFTA employs over 1,600
people, connects millions of people to employment, and links the local
Western New York economy to the rest of the country and the world.
Predictable funding is needed to sustain the NFTA's services and its
positive impact on the region and the entire state.

PRIOR LEGISLATIVE HISTORY:

S. 6275 of 2011 Referred to Finance
S. 2074 of 2013/2014 Referred to Finance

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:

Immediately.

2015-S4523A (ACTIVE) - Bill Text download pdf

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

                                 4523--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 26, 2015
                               ___________

Introduced  by  Sens. ORTT, PANEPINTO -- 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 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  TO  THE  GENERAL FUND OF THE STATE IS PROHIBITED. 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 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  GOVERN-
MENTAL 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 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.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01151-02-5

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Senate Bill S4523A

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Sponsored By

Robert G. Ortt

Archive: Last Bill Status Via A3208 - Signed by Governor

Bill Amendments

co-Sponsors

Marc Panepinto

2015-S4523 - Details

2015-S4523 - Summary

2015-S4523 - Sponsor Memo

2015-S4523 - Bill Text download pdf

co-Sponsors

Marc Panepinto

2015-S4523A (ACTIVE) - Details

2015-S4523A (ACTIVE) - Summary

2015-S4523A (ACTIVE) - Sponsor Memo

2015-S4523A (ACTIVE) - Bill Text download pdf

Comments