Senate Bill S5251

                                
 
BILL NUMBER: S5251

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the state finance law, in relation to exempting certain
distributions of revenues from the twelve-county/downstate portion of
the metropolitan mass transportation operating assistance account from
certain reductions

 
PURPOSE:

This bill protects funds that are reserved and dedicated for mass trans-
portation purposes in downstate New York from being reduced and diverted
for any reason through the state budget negotiations process.

 
SUMMARY OF PROVISIONS:

Section one amends subdivision 7 of section 23 of the state finance law,
as added by section 24 of part JJ of chapter 56 of the laws of 2020.

              

Section two states that the law shall take effect immediately after
becoming law; provided that the amendments to subdivision 7 of section
23 of the state finance law made by section one of the act shall not
affect the repeal of such subdivision and shall be deemed repealed ther-
ewith.

 
EXISTING LAW:

The State Finance Law exempts certain appropriations from being reduced,
including public assistance payments for families, federally-protected
appropriations, payments of debt service, and payments which the state
is obligated to pay pursuant to court orders or judgements.

Section 182 of the Executive Law provides that the diversion of funds
dedicated to public transportation systems to the general fund of the
state or to any other purpose is prohibited.

Paragraph 2 of section 182 of the Executive law prohibits the director
of the budget, or any person in the executive branch from diverting
certain funds, including those established by section eighty-eight-a
(Mass Transportation Operating Assistance Fund), eighty-nine-c (Dedi-
cated Mass Transportation Trust Fund), and ninety-two-ff (Metropolitan
Transportation Authority Financial Assistance Fund) of the state finance
law.

 
JUSTIFICATION:

The Executive subverts current law by diverting dedicated funds.
Current law (Section 182/Executive Law) prohibits Executive from divert-
ing dedicated funds (including, MTOA/MMTOA, the Mass Transportation
Trust Fund (MTTF), among other "dedicated" transportation funds) to the
general fund or to be used for other purposes, except during extraor-
dinary circumstances so long "diversion impact statement" is provided.
The MMTOA as a result is routinely "raided" and diverted as part of
broader emergency budget cuts in times of crises. In times of crises and
in times of normalcy, funds statutorily dedicated for a specific cause
must not be redirected for any other purpose.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediate.