NY State Senate Bill 2019-S4589

Senate Bill S4589

2019-2020 Legislative Session

Relates 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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to energy and telecommunications
Mar 15, 2019	referred to energy and telecommunications

2019-S4589 (ACTIVE) - Details

See Assembly Version of this Bill:: A6249
Current Committee:: Senate Energy And Telecommunications
Law Section:: Tax Law
Laws Affected:: Amd §186-g, Tax L
Versions Introduced in 2017-2018 Legislative Session:: A7680

2019-S4589 (ACTIVE) - Summary

Relates to the allocation of the funds from wireless communications surcharges imposed by a county containing a city having a population of one hundred and twenty-five thousand or more persons.

2019-S4589 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4589

SPONSOR: MAYER
 
TITLE OF BILL:  An act to amend the tax law, in relation to the allo-
cation 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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill amends the tax law with respect 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. Based upon the percentage of the 911 calls received, this bill
allocates a portion of the wireless communications surcharge currently
going to the county to the city for the purpose of operating its public
safety answering point (PSAP).

 
SUMMARY OF PROVISIONS:

Section 1. Subdivision 9 of section 186-g of the tax law, as added by

section 3 of part BEE of chapter 59 of the laws of 2017, is amended to
add subsection (b) which provides that a county that includes a city
having a population of one hundred twenty-five thousand or more people
shall distribute a portion of the funds collected from wireless communi-
cations surcharges allocated to the county to such city for the purposes
of 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.

Section 2 establishes the effective date

 
JUSTIFICATION:

Existing law imposes a surcharge on wireless communications in order to
pay for County 911 service costs. However, existing law does not allo-
cate any of the monies collected from the surcharge on wireless communi-
cations service to local municipal governments that operate their own
public safety answering point (PASP). This bill distributes a portion of
the surcharge currently allocated to the counties to cities with popu-
lations of 125,000 or more within those counties for the purposes of the
payment of the costs related to maintaining the city's public safety
communications network. The portion of the surcharge will be calculated
based upon the percentage of the actual number of 911 calls handled by
the city versus the county.

 
PRIOR LEGISLATIVE HISTORY:

2018: A7860 (Mayer) - enacting clause stricken

 
FISCAL IMPLICATIONS:

This bill will allocate money currently going to County PSAP's and
increase revenue to cities of populations of 125,000 within those coun-
ties to be exclusively allocated for the cost of their PSAPS.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S4589 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4589
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2019
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09955-01-9

 S. 4589                             2
 
 SURCHARGE FUNDS ALLOCATED TO THE COUNTY TO SUCH CITY FOR THE PURPOSES OF
 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.

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