Assembly Bill A10749

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10749
 
                           I N  A S S E M B L Y
 
                               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:

   Section  1.  Subdivisions 5 and 6 of 186-f of the tax law are REPEALED
 and a new subdivision 5 is added to read as follows:
   5. DEPOSITS OF SURCHARGE MONIES COLLECTED AND RECEIVED.  NOTWITHSTAND-
 ING ANY PROVISION OF LAW TO THE CONTRARY, ALL SURCHARGE MONIES COLLECTED
 AND RECEIVED BY THE COMMISSIONER UNDER THIS SECTION  MUST  BE  DEPOSITED
 DAILY  TO  THE  CREDIT  OF THE COMPTROLLER WITH THOSE RESPONSIBLE BANKS,
 BANKING HOUSES OR TRUST COMPANIES THE COMPTROLLER MAY  DESIGNATE.  THOSE
 DEPOSITS  MUST  BE  KEPT SEPARATE AND APART FROM ALL OTHER MONIES IN THE
 POSSESSION OF THE COMPTROLLER. THE  COMPTROLLER  MUST  REQUIRE  ADEQUATE
 SECURITY  FROM  ALL SUCH DEPOSITORIES. OF THE TOTAL REVENUE COLLECTED OR
 RECEIVED UNDER THIS SECTION, THE COMPTROLLER MUST RETAIN  IN  THE  COMP-
 TROLLER'S HANDS AN AMOUNT DETERMINED BY THE COMMISSIONER TO BE NECESSARY
 FOR  REFUNDS  UNDER  THIS SECTION, OUT OF WHICH THE COMPTROLLER WILL PAY
 ANY REFUNDS TO WHICH TAXPAYERS ARE ENTITLED UNDER THE PROVISIONS OF THIS
 SECTION. THE COMPTROLLER, AFTER RESERVING THE  AMOUNT  TO  PAY  REFUNDS,
 MUST, ON OR BEFORE THE TENTH DAY OF EACH MONTH, PAY ALL SURCHARGE MONIES
 COLLECTED  AND  RECEIVED  UNDER  THIS SECTION AND REMAINING TO THE COMP-
 TROLLER'S CREDIT AS FOLLOWS:
   (A) THE AMOUNT RETAINED BY WIRELESS COMMUNICATIONS SUPPLIERS  PURSUANT
 TO PARAGRAPH (D) OF SUBDIVISION TWO OF THIS SECTION;
   (B)  THE SUM OF TWENTY-FIVE MILLION FIVE HUNDRED THOUSAND DOLLARS MUST
 BE ALLOCATED TO THE DIVISION OF STATE POLICE PURSUANT  TO  APPROPRIATION
 BY THE LEGISLATURE ANNUALLY;
   (C)  THE  SUM  OF  ONE  MILLION  FIVE HUNDRED THOUSAND DOLLARS MUST BE
 DEPOSITED INTO THE NEW YORK STATE EMERGENCY SERVICES REVOLVING LOAN FUND
 ANNUALLY; PROVIDED, HOWEVER, THAT SUCH SUMS SHALL NOT BE  DEPOSITED  FOR
 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.
                                                            LBD15723-01-8

 A. 10749                            2
 
 SAND TWELVE--TWO THOUSAND THIRTEEN, TWO THOUSAND FOURTEEN--TWO  THOUSAND
 FIFTEEN,  TWO  THOUSAND  FIFTEEN--TWO  THOUSAND  SIXTEEN,  TWO  THOUSAND
 SIXTEEN--TWO THOUSAND SEVENTEEN, TWO  THOUSAND  SEVENTEEN--TWO  THOUSAND
 EIGHTEEN,  TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN AND TWO THOUSAND
 NINETEEN--TWO THOUSAND TWENTY;
   (D) UP TO THE SUM OF SEVENTY-FIVE MILLION DOLLARS ANNUALLY MAY BE USED
 FOR THE PROVISION OF GRANTS OR REIMBURSEMENTS TO COUNTIES FOR THE DEVEL-
 OPMENT, CONSOLIDATION, OR  OPERATION  OF  PUBLIC  SAFETY  COMMUNICATIONS
 SYSTEMS OR NETWORKS DESIGNED TO SUPPORT STATEWIDE INTEROPERABLE COMMUNI-
 CATIONS  FOR  FIRST  RESPONDERS, 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 MUNICIPALITY, AND  MAY  NOT
 EXCEED  THIRTY  PERCENT  OF THE ANNUAL COST BORNE BY THE MUNICIPALITY IN
 RELATION TO SUCH BONDS;
   (E) THE AMOUNT REQUIRED TO PROVIDE 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;
   (F)  THE  AMOUNT APPROVED BY THE LEGISLATURE FOR SERVICES AND EXPENSES
 THAT SUPPORT THE OPERATIONS AND MISSION  OF  THE  DIVISION  OF  HOMELAND
 SECURITY AND EMERGENCY SERVICES;
   (G)  THE  SUM  OF  TEN  MILLION DOLLARS ANNUALLY SHALL BE USED FOR THE
 PROVISION OF GRANTS TO COUNTIES FOR COSTS RELATED TO THE  OPERATIONS  OF
 PUBLIC  SAFETY  DISPATCH  CENTERS,  TO BE DISTRIBUTED PURSUANT TO A PLAN
 DEVELOPED  BY  THE  COMMISSIONER  OF  HOMELAND  SECURITY  AND  EMERGENCY
 SERVICES  AND  APPROVED  BY  THE  DIRECTOR  OF THE BUDGET. SUCH PLAN MAY
 CONSIDER SUCH FACTORS AS POPULATION DENSITY AND EMERGENCY  CALL  VOLUME;
 AND
   (H)  THE BALANCE OF THE REVENUES COLLECTED UNDER THIS SECTION SHALL BE
 RETURNED TO THE COUNTIES FROM WHICH THE SURCHARGE  WAS  COLLECTED.  SUCH
 FUNDS  RETURNED  TO  A COUNTY SHALL BE USED FOR THE DEVELOPMENT, CONSOL-
 IDATION, OR OPERATION OF PUBLIC SAFETY COMMUNICATIONS.
   § 2. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 and directed to be made and completed on or before such effective date.