Bill Text: NY A03493 | 2013-2014 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-01-23 - REFERRED TO FINANCE [A03493 Detail]

Download: New_York-2013-A03493-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3493
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2013
                                      ___________
       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:
    1    Section 1. The executive law is amended by adding a new section 183 to
    2  read as follows:
    3    S 183. DIVERSION OF FUNDS DEDICATED TO THE NIAGARA FRONTIER  TRANSPOR-
    4  TATION  AUTHORITY  AND ITS SUBSIDIARIES TO THE GENERAL FUND OF THE STATE
    5  IS PROHIBITED. 1. THE DIRECTOR SHALL BE PROHIBITED FROM DIVERTING REVEN-
    6  UES DERIVED FROM TAXES AND FEES PAID BY THE PUBLIC INTO ANY FUND CREATED
    7  BY LAW INCLUDING, BUT NOT LIMITED, TO SECTION NINETY-NINE-H OF THE STATE
    8  FINANCE LAW, AS AMENDED BY CHAPTER SEVEN HUNDRED FORTY-SEVEN OF THE LAWS
    9  OF TWO THOUSAND SIX, FOR THE PURPOSE OF  FUNDING  THE  NIAGARA  FRONTIER
   10  TRANSPORTATION  AUTHORITY  AND  ANY OF ITS SUBSIDIARIES INTO THE GENERAL
   11  FUND OF THE STATE OR INTO ANY OTHER FUND MAINTAINED FOR THE  SUPPORT  OF
   12  ANOTHER  GOVERNMENTAL  PURPOSE. NO DIVERSION OF FUNDS CAN OCCUR CONTRARY
   13  TO THIS SECTION BY AN ADMINISTRATIVE ACT OF THE DIRECTOR  OR  ANY  OTHER
   14  PERSON IN THE EXECUTIVE BRANCH BUT CAN OCCUR ONLY UPON A STATUTE ENACTED
   15  INTO  LAW  AUTHORIZING A DIVERSION THAT WOULD OTHERWISE BE PROHIBITED BY
   16  THIS SECTION.
   17    2. IF ANY DIVERSION OF FUNDS OCCURS BY PASSAGE OF LEGISLATION DURING A
   18  REGULAR OR EXTRAORDINARY SESSION  OF  THE  LEGISLATURE,  THE  BUDGET  OR
   19  LEGISLATION  DIVERTING  FUNDS SHALL INCLUDE A DIVERSION IMPACT STATEMENT
   20  WHICH INCLUDES THE FOLLOWING INFORMATION:
   21    (A) THE AMOUNT OF THE DIVERSION FROM DEDICATED FUNDS;
   22    (B) THE AMOUNT DIVERTED FROM EACH FUND;
   23    (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.
                                                                  LBD04730-01-3
       A. 3493                             2
    1    (D) THE CUMULATIVE AMOUNT OF DIVERSION FROM DEDICATED FUNDS DURING THE
    2  PRECEDING FIVE YEARS;
    3    (E) THE DATE OR DATES WHEN THE DIVERSION IS TO OCCUR; AND
    4    (F)  A  DETAILED  ESTIMATE  OF  THE IMPACT OF DIVERSION FROM DEDICATED
    5  FUNDS WILL HAVE ON THE LEVEL  OF  TRANSPORTATION  SERVICE,  MAINTENANCE,
    6  SECURITY, AND THE CURRENT CAPITAL PROGRAM.
    7    S 2. This act shall take effect immediately.