S T A T E O F N E W Y O R K
________________________________________________________________________
196
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sens. MARTINEZ, BORRELLO, GALLIVAN, HARCKHAM, ROLISON,
WEBB, WEBER -- read twice and ordered printed, and when printed to be
committed to the Committee on Budget and Revenue
AN ACT to amend the tax law, in relation to the public safety surcharge
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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, paragraph (b) as
amended by section 1 of part Q of chapter 55 of the laws of 2014, is
amended 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) forty-one and seven-tenths of the revenues collected and received
under this section into the state general fund; and
(b)] after deducting the amount [paid under paragraph (a) of this
subdivision and the amount] retained by wireless communications suppli-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00573-01-5
S. 196 2
ers pursuant to paragraph (d) of subdivision two of this section, the
balance of the revenues collected under this section into the statewide
public safety communications account of the miscellaneous special reven-
ue fund, created pursuant to section ninety-seven-qq of the state
finance law.
§ 2. Paragraph (c) of subdivision 6 of section 186-f of the tax law,
as amended by section 38 of part B of chapter 56 of the laws of 2010, is
amended to read as follows:
(c) Up to the sum of [seventy-five] ONE HUNDRED million dollars annu-
ally may be used for the provision of grants or reimbursements to coun-
ties for the development, consolidation, or operation of public safety
communications systems or networks designed to support statewide inter-
operable communications 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 muni-
cipality, and may not exceed thirty percent of the annual cost borne by
the municipality in relation to such bonds;
§ 3. This act shall take effect immediately.