S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6807
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 19, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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

 S. 6807                             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.