S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7680
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 9, 2017
                                ___________
 
 Introduced  by  M. of A. MAYER, PRETLOW -- read once and referred to the
   Committee on Local Governments
 
 AN ACT to amend the tax law, in relation to the allocation of the  funds
   from wireless communications surcharges imposed by a county containing
   a city having a population of one hundred twenty-five thousand or more
   persons

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 9 of section 186-g of the tax law, as added  by
 section  3  of part EEE of chapter 59 of the laws of 2017, is amended to
 read as follows:
   9. (A) All surcharge monies remitted to the  commissioner  under  this
 section  shall  be  expended  only upon authorization of the legislative
 body of a city or county that imposes the  surcharges  pursuant  to  the
 authority  of  subdivision  two of this section, and only for payment of
 system costs, eligible wireless 911 service costs, or other costs  asso-
 ciated  with  the  administration,  design,  installation, construction,
 operation, or maintenance of public safety communications networks or  a
 system  to  provide  enhanced  wireless 911 service serving such city or
 county, including, but not limited to, hardware, software,  consultants,
 financing  and  other acquisition costs. Such city or county shall sepa-
 rately account for and keep adequate books and records of the amount and
 object or purpose of all expenditures of all such monies. If, at the end
 of any fiscal year, the total amount of  all  such  monies  exceeds  the
 amount necessary for payment of the above mentioned costs in such fiscal
 year,  such excess shall be reserved and carried over for the payment of
 those costs in the following fiscal year.
   (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION,  A  COUNTY THAT INCLUDES A CITY HAVING A POPULATION OF ONE HUNDRED
 TWENTY-FIVE THOUSAND OR MORE PEOPLE SHALL DISTRIBUTE A  PORTION  OF  THE
 SURCHARGE FUNDS ALLOCATED TO THE COUNTY TO SUCH CITY FOR THE PURPOSES OF

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

                                                            LBD11326-01-7

 A. 7680                             2
 
 THE  PAYMENT  OF  COSTS RELATED TO MAINTAINING SUCH CITY'S PUBLIC SAFETY
 COMMUNICATIONS NETWORK. THE AMOUNT OF SUCH PORTION SHALL  BE  CALCULATED
 BY  DETERMINING  WHAT THE PERCENTAGE OF THE ACTUAL, ANNUAL NUMBER OF 911
 CALLS  HANDLED BY SUCH CITY IS TO THE ACTUAL, ANNUAL NUMBER OF 911 CALLS
 HANDLED BY THE COUNTY, AND ALLOCATING THE FUNDING ACCORDINGLY.
   § 2. This act shall take effect immediately.