S T A T E   O F   N E W   Y O R K
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                                 8489--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 17, 2011
                               ___________

Introduced  by  M.  of  A.  SCARBOROUGH,  TENNEY, ABINANTI, BLANKENBUSH,
  BURLING, CROUCH, LOSQUADRO, D. MILLER, MONTESANO, RA, REILICH, MURRAY,
  GOODELL, BRINDISI -- Multi-Sponsored by -- M. of A. BARCLAY,  CALHOUN,
  CERETTO,  DUPREY,  JOHNS, McLAUGHLIN, PALMESANO, RAIA, SAYWARD -- read
  once and referred to the Committee on Ways and Means -- recommitted to
  the Committee on Ways and Means in accordance with  Assembly  Rule  3,
  sec.  2  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the tax law, in relation to the public  safety  communi-
  cations  surcharge and repealing certain provisions of such law relat-
  ing thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 6 of section 186-f of the tax law is REPEALED
and a new subdivision 6 is added to read as follows:
  6. DISTRIBUTION. THE MONIES COLLECTED FROM THE  SURCHARGE  IMPOSED  BY
THIS SECTION SHALL BE DISTRIBUTED IN THE FOLLOWING MANNER:
  (A)  FIFTY-EIGHT  AND  THREE-TENTHS  PERCENT  SHALL  BE  USED  FOR THE
PROVISION OF GRANTS OR REIMBURSEMENTS TO COUNTIES FOR  THE  DEVELOPMENT,
CONSOLIDATION,  OR  OPERATION OF PUBLIC SAFETY COMMUNICATIONS SYSTEMS OR
NETWORKS DESIGNED TO SUPPORT STATEWIDE INTEROPERABLE COMMUNICATIONS  FOR
FIRST  RESPONDERS,  INCLUDING  NEXT  GENERATION  911,  TO BE DISTRIBUTED
PURSUANT TO STANDARDS AND GUIDELINES ISSUED BY THE STATE. ANNUAL  GRANTS
MAY  CONSIDER  COSTS  BORNE BY A MUNICIPALITY RELATED TO THE ISSUANCE OF
LOCAL PUBLIC SAFETY COMMUNICATIONS BONDS PURSUANT TO SECTION TWENTY-FOUR
HUNDRED THIRTY-TWO OF THE PUBLIC AUTHORITIES LAW, WHEN THE  MUNICIPALITY
HAS  QUALIFIED  AS  AN APPROVED PARTICIPANT IN A STATEWIDE INTEROPERABLE
COMMUNICATIONS SYSTEM UNDER THE STANDARDS AND GUIDELINES ISSUED  BY  THE
STATE,  AND MAINTAINS COMPLIANCE WITH SUCH STANDARDS AND GUIDELINES. THE
GRANT AMOUNT WILL BE PRESCRIBED PURSUANT TO AN AGREEMENT WITH THE  MUNI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10600-06-2

              

A. 8489--A                          2

CIPALITY,  AND MAY NOT EXCEED THIRTY PERCENT OF THE ANNUAL COST BORNE BY
THE MUNICIPALITY IN RELATION TO SUCH BONDS; AND
  (B)  FORTY-ONE  AND SEVEN-TENTHS PERCENT SHALL BE JOINTLY APPORTIONED,
PURSUANT TO RULES AND REGULATIONS PROMULGATED BY THE  COMMISSIONER,  TO:
(I) THE STATE POLICE, (II) THE NEW YORK STATE EMERGENCY SERVICES REVOLV-
ING LOAN FUND, (III) PROVIDE FOR THE COSTS OF DEBT SERVICE FOR BONDS AND
NOTES  ISSUED  TO  FINANCE  EXPEDITED DEPLOYMENT FUNDING PURSUANT TO THE
PROVISIONS OF SECTION THREE HUNDRED THIRTY-THREE OF THE COUNTY  LAW  AND
SECTION SIXTEEN HUNDRED EIGHTY-NINE-H OF THE PUBLIC AUTHORITIES LAW, AND
(IV)  PROVIDE  FOR SERVICES AND EXPENSES THAT SUPPORT THE OPERATIONS AND
MISSION OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY  SERVICES  AS
APPROPRIATED BY THE LEGISLATURE.
  S  2. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law;  provided,  however,  that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  is  authorized  and  directed to be made and completed on or
before such effective date.