Bill Text: NY A10749 | 2017-2018 | General Assembly | Introduced
Bill Title: Repeals the provision of law that dictates 41.7 percent of funds from the public safety communications surcharge must go into the general fund and instead has that money go to the local municipalities to be used on public safety communications.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-05-16 - referred to ways and means [A10749 Detail]
Download: New_York-2017-A10749-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10749 IN ASSEMBLY May 16, 2018 ___________ Introduced by M. of A. PELLEGRINO -- read once and referred to the Committee on Ways and Means AN ACT to amend the tax law, in relation to public safety communications surcharge and to repeal certain provisions of such law relating there- to The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 5 and 6 of 186-f of the tax law are REPEALED 2 and a new subdivision 5 is added to read as follows: 3 5. Deposits of surcharge monies collected and received. Notwithstand- 4 ing any provision of law to the contrary, all surcharge monies collected 5 and received by the commissioner under this section must be deposited 6 daily to the credit of the comptroller with those responsible banks, 7 banking houses or trust companies the comptroller may designate. Those 8 deposits must be kept separate and apart from all other monies in the 9 possession of the comptroller. The comptroller must require adequate 10 security from all such depositories. Of the total revenue collected or 11 received under this section, the comptroller must retain in the comp- 12 troller's hands an amount determined by the commissioner to be necessary 13 for refunds under this section, out of which the comptroller will pay 14 any refunds to which taxpayers are entitled under the provisions of this 15 section. The comptroller, after reserving the amount to pay refunds, 16 must, on or before the tenth day of each month, pay all surcharge monies 17 collected and received under this section and remaining to the comp- 18 troller's credit as follows: 19 (a) The amount retained by wireless communications suppliers pursuant 20 to paragraph (d) of subdivision two of this section; 21 (b) The sum of twenty-five million five hundred thousand dollars must 22 be allocated to the division of state police pursuant to appropriation 23 by the legislature annually; 24 (c) The sum of one million five hundred thousand dollars must be 25 deposited into the New York state emergency services revolving loan fund 26 annually; provided, however, that such sums shall not be deposited for 27 state fiscal years two thousand eleven--two thousand twelve, two thou- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15723-01-8A. 10749 2 1 sand twelve--two thousand thirteen, two thousand fourteen--two thousand 2 fifteen, two thousand fifteen--two thousand sixteen, two thousand 3 sixteen--two thousand seventeen, two thousand seventeen--two thousand 4 eighteen, two thousand eighteen--two thousand nineteen and two thousand 5 nineteen--two thousand twenty; 6 (d) Up to the sum of seventy-five million dollars annually may be used 7 for the provision of grants or reimbursements to counties for the devel- 8 opment, consolidation, or operation of public safety communications 9 systems or networks designed to support statewide interoperable communi- 10 cations for first responders, to be distributed pursuant to standards 11 and guidelines issued by the state. Annual grants may consider costs 12 borne by a municipality related to the issuance of local public safety 13 communications bonds pursuant to section twenty-four hundred thirty-two 14 of the public authorities law, when the municipality has qualified as an 15 approved participant in a statewide interoperable communications system 16 under the standards and guidelines issued by the state, and maintains 17 compliance with such standards and guidelines. The grant amount will be 18 prescribed pursuant to an agreement with the municipality, and may not 19 exceed thirty percent of the annual cost borne by the municipality in 20 relation to such bonds; 21 (e) The amount required to provide the costs of debt service for bonds 22 and notes issued to finance expedited deployment funding pursuant to the 23 provisions of section three hundred thirty-three of the county law and 24 section sixteen hundred eighty-nine-h of the public authorities law; 25 (f) The amount approved by the legislature for services and expenses 26 that support the operations and mission of the division of homeland 27 security and emergency services; 28 (g) The sum of ten million dollars annually shall be used for the 29 provision of grants to counties for costs related to the operations of 30 public safety dispatch centers, to be distributed pursuant to a plan 31 developed by the commissioner of homeland security and emergency 32 services and approved by the director of the budget. Such plan may 33 consider such factors as population density and emergency call volume; 34 and 35 (h) The balance of the revenues collected under this section shall be 36 returned to the counties from which the surcharge was collected. Such 37 funds returned to a county shall be used for the development, consol- 38 idation, or operation of public safety communications. 39 § 2. This act shall take effect on the first of April next succeeding 40 the date on which it shall have become a law. Effective immediately, the 41 addition, amendment and/or repeal of any rule or regulation necessary 42 for the implementation of this act on its effective date are authorized 43 and directed to be made and completed on or before such effective date.
