NY State Senate Bill 2019-S5237

Senate Bill S5237

2019-2020 Legislative Session

Prohibits the diversion of funds dedicated to operating and maintaining an enhanced 911 emergency telephone system or other municipal public safety upgrades and provides funds for municipal public safety upgrades

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Archive: Last Bill Status - In Senate Committee Budget And Revenue 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to budget and revenue
Apr 17, 2019	referred to budget and revenue

co-Sponsors

2019-S5237 (ACTIVE) - Details

Current Committee:: Senate Budget And Revenue
Law Section:: Executive Law
Laws Affected:: Add §184, Exec L; amd §186-f, Tax L; add §98-d, St Fin L
Versions Introduced in 2021-2022 Legislative Session:: S1946

2019-S5237 (ACTIVE) - Summary

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.

2019-S5237 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5237

SPONSOR: AKSHAR
 
TITLE OF BILL:  An act to amend the executive law, in relation to
prohibiting the diversion of funds dedicated to operating and maintain-
ing 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 providing funds for municipal public safety upgrades

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the diversion of funds dedicated to operating and maintain-
ing an enhanced 911 emergency telephone system.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 states that the director of the budget cannot divert revenue
collected by municipalities using surcharges, taxes, or fees imposed on
the public for the purposes of obtaining, operating, and maintaining the
necessary services and equipment for an enhanced 911 emergency telephone
system or for municipal county upgrades. This includes the diversion of

these funds through administrative action by the budget director, or any
other person in the Executive Branch, to the general fund of the state
or any other program. In the event that funds are diverted through the
passage of legislation during any legislative session, the budget direc-
tor is required to create a diversion impact statement and include it
with either the budget or legislation diverting funds.

Section 2 amends the tax section 1864, paragraph (a) of subdivision 5 by
replacing the state general fund with the municipal public safety
upgrade fund.

Section 3 creates a new section 98-d. of the state finance law, enacting
the municipal public safety upgrade fund, which consists of any funds
deposited to, appropriated for, and transferred into the fund, including
any future legislation to fund this program.  Municipalities will only
receive money from the fund for the purpose of covering the expense
associated with obtaining, operating, and maintaining either the neces-
sary services and equipment for an enhanced 911 emergency telephone
system or for municipal county public safety upgrades. These payments to
municipalities are to be made in accordance with the .audit and warrant
of the comptroller. At the end of each year, any leftover money, along
with any occurred interest will be re-deposited to the municipal public
upgrade fund.

Section 4 states the effective date.

 
JUSTIFICATION:

According to a 2018 report by the Federal Communications Commission
(FCC), New York State collects approximately $180 million annually
through the mandatory 911 surcharge but diverts 41% of that revenue into
the general fund instead of reinvesting it in enhanced 911 system
upgrades. The FCC also found that New York is only one of six states to
divert 911 funds for purposes other than 911.

This legislation would prohibit funds that are intended for use on 911
emergency telephone systems or municipal public safety upgrades from
being diverted to the state's general fund. This will ensure that coun-
ties have the resources they need for up-to-date system upgrades that
will keep all New Yorkers safe.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately

2019-S5237 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5237
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              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:
 
   Section 1. The executive law is amended by adding a new section 184 to
 read as follows:
   § 184. DIVERSION OF FUNDS DEDICATED TO AN ENHANCED 911 EMERGENCY TELE-
 PHONE SYSTEM OR TO MUNICIPAL PUBLIC SAFETY UPGRADES TO THE GENERAL  FUND
 OF THE STATE OR TO ANY OTHER PURPOSE, IS PROHIBITED. 1.  THE DIRECTOR OF
 THE  BUDGET  SHALL  BE  PROHIBITED  FROM DIVERTING REVENUES DERIVED FROM
 SURCHARGES OR ANY OTHER TAXES OR FEES PAID BY THE PUBLIC  AND  COLLECTED
 FOR THE PURPOSE OF PAYING FOR THE COSTS ASSOCIATED WITH OBTAINING, OPER-
 ATING  AND  MAINTAINING  THE  TELECOMMUNICATION  EQUIPMENT AND TELEPHONE
 SERVICES NEEDED TO PROVIDE AN ENHANCED 911 EMERGENCY TELEPHONE SYSTEM TO
 SERVE ANY MUNICIPALITY OR FOR ANY OTHER MUNICIPAL PUBLIC SAFETY UPGRADES
 INTO THE GENERAL FUND OF THE STATE OR INTO ANY OTHER FUND MAINTAINED FOR
 THE SUPPORT OF ANOTHER GOVERNMENTAL PURPOSE. NO DIVERSION OF  FUNDS  CAN
 OCCUR  CONTRARY TO THIS SECTION BY AN ADMINISTRATIVE ACT OF THE DIRECTOR
 OF THE BUDGET OR ANY OTHER PERSON IN THE EXECUTIVE BRANCH.
   2. IF ANY DIVERSION OF FUNDS OCCURS BY PASSAGE OF LEGISLATION DURING A
 REGULAR OR EXTRAORDINARY SESSION OF THE LEGISLATURE, THE DIRECTOR OF THE
 BUDGET SHALL CREATE AND INCLUDE WITH THE BUDGET OR LEGISLATION DIVERTING
 FUNDS, A DIVERSION IMPACT STATEMENT WHICH SHALL  INCLUDE  THE  FOLLOWING
 INFORMATION:
   (A)  THE AMOUNT OF THE DIVERSION FROM ENHANCED 911 EMERGENCY TELEPHONE
 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
 
   (B) THE DATE OR DATES WHEN THE DIVERSION IS TO OCCUR; AND
   (C)  A  DETAILED  ESTIMATE  OF  THE IMPACT DIVERSION FROM ENHANCED 911
 EMERGENCY TELEPHONE SYSTEM OR MUNICIPAL PUBLIC SAFETY UPGRADE FUNDS WILL
 HAVE ON THE LEVEL OF ENHANCED 911 EMERGENCY  TELEPHONE  SYSTEM  SERVICES
 AND MAINTENANCE AND ANY OTHER MUNICIPAL PUBLIC SAFETY UPGRADES.
   §  2.  Paragraph (a) of subdivision 5 of section 186-f of the tax law,
 as added by section 3 of part B of chapter 56 of the laws  of  2009,  is
 amended to read as follows:
   (a)  forty-one and seven-tenths of the revenues collected and received
 under this section into the  [state  general]  MUNICIPAL  PUBLIC  SAFETY
 UPGRADE fund ESTABLISHED PURSUANT TO SECTION NINETY-EIGHT-D OF THE STATE
 FINANCE LAW; and
   §  3. The state finance law is amended by adding a new section 98-d to
 read as follows:
   § 98-D. MUNICIPAL PUBLIC SAFETY  UPGRADE  FUND.  1.  THERE  IS  HEREBY
 ESTABLISHED  IN  THE  JOINT  CUSTODY OF THE COMMISSIONER OF TAXATION AND
 FINANCE AND THE COMPTROLLER A FUND TO BE KNOWN AS THE "MUNICIPAL  PUBLIC
 SAFETY UPGRADE FUND".
   2.  THE  FUND  SHALL CONSIST OF (A) ALL MONIES DEPOSITED INTO THE FUND
 PURSUANT TO SECTION ONE HUNDRED EIGHTY-SIX-F OF THE  TAX  LAW;  (B)  ALL
 MONIES  APPROPRIATED FOR ITS PURPOSE; (C) ALL MONIES TRANSFERRED TO SUCH
 FUND PURSUANT TO ANY OTHER LAW; AND (D) ALL MONIES DEPOSITED PURSUANT TO
 ANY OTHER LAW TO BE PAID INTO OR CREDITED TO THE FUND.
   3. MONIES OF THE FUND, FOLLOWING  APPROPRIATION  BY  THE  LEGISLATURE,
 SHALL BE MADE AVAILABLE TO MUNICIPALITIES ONLY FOR (A) THE COSTS ASSOCI-
 ATED  WITH  OBTAINING,  OPERATING  AND MAINTAINING THE TELECOMMUNICATION
 EQUIPMENT AND TELEPHONE SERVICES NEEDED TO PROVIDE AN ENHANCED 911 EMER-
 GENCY TELEPHONE SYSTEM TO SERVE SUCH MUNICIPALITIES; AND (B) COSTS ASSO-
 CIATED WITH ANY OTHER PUBLIC SAFETY UPGRADES BY A MUNICIPALITY.
   4. ALL PAYMENTS OF MONIES FROM THE  MUNICIPAL  PUBLIC  SAFETY  UPGRADE
 FUND  SHALL  BE MADE ON THE AUDIT AND WARRANT OF THE COMPTROLLER. AT THE
 END OF EACH YEAR ANY MONIES REMAINING IN THE FUND SHALL BE  RETAINED  IN
 THE  FUND  AND  SHALL  NOT  REVERT TO THE GENERAL FUND. THE INTEREST AND
 INCOME EARNED ON MONIES IN THE  FUND,  AFTER  DEDUCTING  ANY  APPLICABLE
 CHARGES, SHALL BE CREDITED TO THE FUND.
   § 4. This act shall take effect immediately.

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Senate Bill S5237

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Sponsored By

Fred Akshar