 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5910
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 24, 2025
                                       ___________
 
        Introduced  by M. of A. JONES -- read once and referred to the Committee
          on Ways and Means
 
        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:

     1    Section  1. Subdivision 5 of section 186-f of the tax law, as added by
     2  section 3 of part B of chapter 56 of the laws of 2009, paragraph (b)  as
     3  amended  by  section  1  of part Q of chapter 55 of the laws of 2014, is
     4  amended to read as follows:
     5    5. Deposits of surcharge monies collected and received.  Notwithstand-
     6  ing any provision of law to the contrary, all surcharge monies collected
     7  and  received  by  the commissioner under this section must be deposited
     8  daily to the credit of the comptroller  with  those  responsible  banks,
     9  banking  houses  or trust companies the comptroller may designate. Those
    10  deposits must be kept separate and apart from all other  monies  in  the
    11  possession  of  the  comptroller.  The comptroller must require adequate
    12  security from all such depositories. Of the total revenue  collected  or
    13  received  under  this  section, the comptroller must retain in the comp-
    14  troller's hands an amount determined by the commissioner to be necessary
    15  for refunds under this section, out of which the  comptroller  will  pay
    16  any refunds to which taxpayers are entitled under the provisions of this
    17  section.  The  comptroller,  after  reserving the amount to pay refunds,
    18  must, on or before the tenth day of each month, pay all surcharge monies
    19  collected and received under this section and  remaining  to  the  comp-
    20  troller's credit as follows:
    21    [(a) forty-one and seven-tenths of the revenues collected and received
    22  under this section into the state general fund; and
    23    (b)]  after  deducting  the  amount  [paid under paragraph (a) of this
    24  subdivision and the amount] retained by wireless communications  suppli-
    25  ers  pursuant  to  paragraph (d) of subdivision two of this section, the
    26  balance of the revenues collected under this section into the  statewide
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00573-01-5
        A. 5910                             2
 
     1  public safety communications account of the miscellaneous special reven-
     2  ue  fund,  created  pursuant  to  section  ninety-seven-qq  of the state
     3  finance law.
     4    §  2.  Paragraph (c) of subdivision 6 of section 186-f of the tax law,
     5  as amended by section 38 of part B of chapter 56 of the laws of 2010, is
     6  amended to read as follows:
     7    (c) Up to the sum of [seventy-five] one hundred million dollars  annu-
     8  ally  may be used for the provision of grants or reimbursements to coun-
     9  ties for the development, consolidation, or operation of  public  safety
    10  communications  systems or networks designed to support statewide inter-
    11  operable communications for first responders, to be distributed pursuant
    12  to standards and guidelines issued  by  the  state.  Annual  grants  may
    13  consider  costs borne by a municipality related to the issuance of local
    14  public safety  communications  bonds  pursuant  to  section  twenty-four
    15  hundred  thirty-two of the public authorities law, when the municipality
    16  has qualified as an approved participant in  a  statewide  interoperable
    17  communications  system  under the standards and guidelines issued by the
    18  state, and maintains compliance with such standards and guidelines.  The
    19  grant  amount will be prescribed pursuant to an agreement with the muni-
    20  cipality, and may not exceed thirty percent of the annual cost borne  by
    21  the municipality in relation to such bonds;
    22    § 3. This act shall take effect immediately.
Relates to the public safety surcharge

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