Bill Text: NY S05237 | 2019-2020 | General Assembly | Introduced


Bill Title: Prohibits the diversion of funds dedicated to operating and maintaining an enhanced 911 emergency telephone system or other municipal public safety upgrades to the general fund or to any other purpose; requires a diversion impact statement if any diversion of funds occurs by passage of legislation; provides that a portion of funds collected from the public safety communications surcharge will go to the municipal public safety upgrade fund instead of the general fund; and establishes the municipal public safety upgrade fund.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-04-17 - REFERRED TO BUDGET AND REVENUE [S05237 Detail]

Download: New_York-2019-S05237-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5237
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 17, 2019
                                       ___________
        Introduced  by  Sen.  AKSHAR -- read twice and ordered printed, and when
          printed to be committed to the Committee on Budget and Revenue
        AN ACT to amend the executive law, in relation to prohibiting the diver-
          sion of funds dedicated to operating and maintaining an  enhanced  911
          emergency telephone system or to municipal public safety upgrades; and
          to amend the tax law and the state finance law, in relation to provid-
          ing funds for municipal public safety upgrades
          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 184 to
     2  read as follows:
     3    § 184. Diversion of funds dedicated to an enhanced 911 emergency tele-
     4  phone system or to municipal public safety upgrades to the general  fund
     5  of the state or to any other purpose, is prohibited. 1.  The director of
     6  the  budget  shall  be  prohibited  from diverting revenues derived from
     7  surcharges or any other taxes or fees paid by the public  and  collected
     8  for the purpose of paying for the costs associated with obtaining, oper-
     9  ating  and  maintaining  the  telecommunication  equipment and telephone
    10  services needed to provide an enhanced 911 emergency telephone system to
    11  serve any municipality or for any other municipal public safety upgrades
    12  into the general fund of the state or into any other fund maintained for
    13  the support of another governmental purpose. No diversion of  funds  can
    14  occur  contrary to this section by an administrative act of the director
    15  of the budget or any other person in the executive branch.
    16    2. If any diversion of funds occurs by passage of legislation during a
    17  regular or extraordinary session of the legislature, the director of the
    18  budget shall create and include with the budget or legislation diverting
    19  funds, a diversion impact statement which shall  include  the  following
    20  information:
    21    (a)  the amount of the diversion from enhanced 911 emergency telephone
    22  system or municipal public safety upgrade funds;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08840-02-9

        S. 5237                             2
     1    (b) the date or dates when the diversion is to occur; and
     2    (c)  a  detailed  estimate  of  the impact diversion from enhanced 911
     3  emergency telephone system or municipal public safety upgrade funds will
     4  have on the level of enhanced 911 emergency  telephone  system  services
     5  and maintenance and any other municipal public safety upgrades.
     6    §  2.  Paragraph (a) of subdivision 5 of section 186-f of the tax law,
     7  as added by section 3 of part B of chapter 56 of the laws  of  2009,  is
     8  amended to read as follows:
     9    (a)  forty-one and seven-tenths of the revenues collected and received
    10  under this section into the  [state  general]  municipal  public  safety
    11  upgrade fund established pursuant to section ninety-eight-d of the state
    12  finance law; and
    13    §  3. The state finance law is amended by adding a new section 98-d to
    14  read as follows:
    15    § 98-d. Municipal public safety  upgrade  fund.  1.  There  is  hereby
    16  established  in  the  joint  custody of the commissioner of taxation and
    17  finance and the comptroller a fund to be known as the "municipal  public
    18  safety upgrade fund".
    19    2.  The  fund  shall consist of (a) all monies deposited into the fund
    20  pursuant to section one hundred eighty-six-f of the  tax  law;  (b)  all
    21  monies  appropriated for its purpose; (c) all monies transferred to such
    22  fund pursuant to any other law; and (d) all monies deposited pursuant to
    23  any other law to be paid into or credited to the fund.
    24    3. Monies of the fund, following  appropriation  by  the  legislature,
    25  shall be made available to municipalities only for (a) the costs associ-
    26  ated  with  obtaining,  operating  and maintaining the telecommunication
    27  equipment and telephone services needed to provide an enhanced 911 emer-
    28  gency telephone system to serve such municipalities; and (b) costs asso-
    29  ciated with any other public safety upgrades by a municipality.
    30    4. All payments of monies from the  municipal  public  safety  upgrade
    31  fund  shall  be made on the audit and warrant of the comptroller. At the
    32  end of each year any monies remaining in the fund shall be  retained  in
    33  the  fund  and  shall  not  revert to the general fund. The interest and
    34  income earned on monies in the  fund,  after  deducting  any  applicable
    35  charges, shall be credited to the fund.
    36    § 4. This act shall take effect immediately.
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