NY State Senate Bill 2023-S4838

Senate Bill S4838

2023-2024 Legislative Session

Relates to using a portion of the public safety communications surcharge to support volunteer fire department initiatives

download bill text pdf

Current 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to budget and revenue
Feb 15, 2023	referred to budget and revenue

2023-S4838 (ACTIVE) - Details

See Assembly Version of this Bill:: A4560
Current Committee:: Senate Budget And Revenue
Law Section:: Tax Law
Laws Affected:: Amd §186-f, Tax L; add §99-qq, St Fin L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A8486
2021-2022: S6477, A4736

2023-S4838 (ACTIVE) - Summary

Relates to using a portion of the public safety communications surcharge to support volunteer fire department initiatives; establishes the New York state volunteer fire department auxiliary fund.

2023-S4838 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4838

SPONSOR: ASHBY
 
TITLE OF BILL:

An act to amend the tax law and the state finance law, in relation to
using a portion of the public safety communications surcharge to support
volunteer fire department initiatives

 
PURPOSE:

To divert monies collected from the public safety communications
surcharge into a newly created fund known as the New York State Volun-
teer Fire Department Auxiliary Fund. This fund will support volunteer
fire departments within the state by providing them with funding for
equipment and recruitment and retention programs.

 
SUMMARY OF PROVISIONS:

Section 1. Diverts funds collected from the public safety communica-
tions-surcharge from the general fund and into the New York State Volun-
teer Fire Department Auxiliary Fund.

Section 2. Establishes the New York State Volunteer Fire Department
Auxiliary Fund, which will be run jointly by the State Comptroller and
Commissioner of Taxation and Finance. It will be used to provide volun-
teer fire departments with grants for the purchase of personal protec-
tive equipment, turnout gear, hazmat systems, communications technology,
renovation or restoration of buildings that contain fire department
apparatus, or any necessary expenses to fund any service related to
recruitment and retention programs.

Section 3. Establishes the Effective Date.

 
JUSTIFICATION:

Unlike paid municipal fire departments, volunteer fire departments are
funded through local budgets that often do not have the financial
resources to provide fire companies with the equipment and personnel
needed to keep communities safe. The public safety communications
surcharge which collects a fee for every wireless access line within the
state to support interoperable communications programs within the state,
transfers roughly 4l% of its revenue into the State general fund. This
money would be far more useful if it were distributed to fire depart-
ments within the State who need resources to provide their lifesaving
services.

 
LEGISLATIVE HISTORY:

2020-2021: S.06477 - Referred to Budget & Revenue Committee

 
FISCAL IMPLICATIONS:

41.7% of funds collected from PSCS will now be diverted away from the
general fund.

 
EFFECTIVE DATE:
First January 1 after enactment.

2023-S4838 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4838
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 15, 2023
                                ___________
 
 Introduced  by  Sen.  ASHBY  -- 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 and the state finance law,  in  relation  to
   using  a  portion  of  the  public  safety communications surcharge to
   support volunteer fire department initiatives

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. 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]  NEW  YORK  STATE  VOLUNTEER
 FIRE  DEPARTMENT  AUXILIARY fund ESTABLISHED PURSUANT TO SECTION NINETY-
 NINE-QQ OF THE STATE FINANCE LAW; and
   § 2. The state finance law is amended by adding a new section 99-qq to
 read as follows:
   § 99-QQ. NEW YORK STATE VOLUNTEER FIRE DEPARTMENT AUXILIARY  FUND.  1.
 ESTABLISHMENT  OF  THE  FUND.   THERE IS HEREBY ESTABLISHED IN THE JOINT
 CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER  OF  TAXATION  AND
 FINANCE  A SPECIAL FUND TO BE KNOWN AS THE NEW YORK STATE VOLUNTEER FIRE
 DEPARTMENT AUXILIARY FUND. MONEYS IN THIS ACCOUNT SHALL BE KEPT SEPARATE
 AND NOT COMMINGLED WITH ANY OTHER MONEYS IN THE  CUSTODY  OF  THE  COMP-
 TROLLER.
   2.  SOURCE  OF  FUNDS. THE SUM EQUAL TO THE AMOUNT IDENTIFIED IN PARA-
 GRAPH (A) OF SUBDIVISION FIVE OF SECTION ONE HUNDRED EIGHTY-SIX-F OF THE
 TAX LAW SHALL BE CREDITED TO THE FUND.
   3. USE OF FUNDS. SUCH MONEYS SHALL BE USED FOR THE PURPOSE OF  PROVID-
 ING VOLUNTEER FIRE DEPARTMENTS IN THE STATE WITH GRANTS FOR THE PURCHASE
 OF PERSONAL PROTECTIVE EQUIPMENT, TURNOUT GEAR, HAZMAT SYSTEMS, COMMUNI-
 CATIONS  TECHNOLOGY, RENOVATION OR RESTORATION OF BUILDINGS THAT CONTAIN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05216-01-3
 S. 4838                             2

 
 FIRE DEPARTMENT APPARATUS, OR ANY NECESSARY EXPENSES TO FUND ANY SERVICE
 RELATED TO RECRUITMENT AND RETENTION PROGRAMS.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date upon which it shall have become a law.

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