S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8511
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 18, 2017
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Ways and Means
 
 AN  ACT  to  amend  the  executive  law, in relation to a prohibition on
   diversion of funds dedicated to public transportation systems
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 182 of the executive law, as amended by section 1
 of part J of chapter 56 of the laws of  2011,  is  amended  to  read  as
 follows:
   §  182.  Diversion of funds dedicated to [the metropolitan transporta-
 tion authority or the New York city transit authority and any  of  their
 subsidiaries]  PUBLIC  TRANSPORTATION SYSTEMS to the general fund of the
 state OR TO ANY OTHER PURPOSE, is prohibited.   1. FOR THE  PURPOSES  OF
 THIS  SECTION,  THE  TERM  "PUBLIC TRANSPORTATION SYSTEM" SHALL MEAN ANY
 PUBLIC BENEFIT CORPORATION CONSTITUTING A TRANSPORTATION AUTHORITY WHICH
 PROVIDES OR CONTRACTS FOR THE PROVISION OF, UNDER JOINT SUPPORT ARRANGE-
 MENTS, MASS TRANSPORTATION SERVICES, OR A  SUBSIDIARY  THEREOF,  OR  ANY
 COUNTY  OR CITY WHICH PROVIDES OR CONTRACTS FOR THE PROVISION OF, PURSU-
 ANT TO SECTION ONE HUNDRED NINETEEN-R OF THE GENERAL MUNICIPAL LAW, MASS
 TRANSPORTATION SERVICES.
   2. The director OF THE  BUDGET  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  sections  eighty-eight-a
 [and],  eighty-nine-c  AND  NINETY-TWO-FF  of  the state finance law and
 chapter twenty-five of the laws of two thousand nine for the purpose  of
 funding  [the metropolitan transportation authority or the New York city
 transit authority and any of their subsidiaries]  PUBLIC  TRANSPORTATION
 SYSTEMS  into the general fund of the state or into any other fund main-
 tained for the support of another governmental purpose. No diversion  of
 funds can occur contrary to this section by an administrative act of the
 director  OF  THE  BUDGET  or  any  other person in the executive branch
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13263-01-7

 A. 8511                             2
 
 [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].
   3. IF ANY DIVERSION OF FUNDS OCCURS BY PASSAGE OF LEGISLATION DURING A
 REGULAR OR EXTRAORDINARY SESSION OF THE LEGISLATURE, THE DIRECTOR OF THE
 BUDGET SHALL CREATE AND INCLUDE WITH THE BUDGET OR LEGISLATION DIVERTING
 FUNDS,  A  DIVERSION  IMPACT STATEMENT WHICH SHALL INCLUDE THE FOLLOWING
 INFORMATION:
   (A) THE AMOUNT OF THE DIVERSION FROM DEDICATED MASS TRANSIT FUNDS;
   (B) THE AMOUNT DIVERTED FROM EACH FUND;
   (C) THE AMOUNT DIVERTED EXPRESSED AS CURRENT MONTHLY TRANSIT FARES;
   (D) THE CUMULATIVE AMOUNT OF DIVERSION  FROM  DEDICATED  MASS  TRANSIT
 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 MASS
 TRANSIT  FUNDS  WILL  HAVE  ON THE LEVEL OF PUBLIC TRANSPORTATION SYSTEM
 SERVICE, MAINTENANCE, SECURITY, AND THE CURRENT CAPITAL PROGRAM.
   § 2. This act shall take effect immediately.