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A03783 Summary:

BILL NOA03783
 
SAME ASSAME AS S07560
 
SPONSORNorris
 
COSPNSRAshby, Barclay, Blankenbush, Brabenec, Byrne, Byrnes, DeStefano, DiPietro, Fitzpatrick, Friend, Goodell, Giglio JM, Hawley, Lalor, Manktelow, McDonough, Mikulin, Miller B, Miller M, Montesano, Morinello, Palmesano, Ra, Reilly, Salka, Schmitt, Smith, Smullen, Tague, Walczyk, Walsh, Jensen, Lawler, Angelino, Gallahan
 
MLTSPNSR
 
Amd §186-f, Tax L; add §99-ii, St Fin L
 
Establishes the New York state volunteer fire protection emergency reimbursement account; provides reimbursement for expenses incurred related to procurement of personal protective equipment and other expenses.
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A03783 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3783
 
SPONSOR: Norris
  TITLE OF BILL: An act to amend the tax law and the state finance law, in relation to the New York state volunteer fire protection emergency reimbursement account for reimbursement for expenses incurred relating to procurement of personal protective equipment and other expenses; and providing for the repeal of such provisions upon expiration thereof   PURPOSE:: This act shall establish the New York State Volunteer Fire Protection Reimbursement Account. First, this legislation would divert monies collected from the public safety communications surcharge that are currently deposited in the General Fund into a newly created fund known as the New York State Volunteer Fire Protection Reimbursement Account. Second, the account will be used to reimburse volunteer departments and emergency medical services for expenses incurred related to procuring personal protective equipment (PPE) which may include, but is not limit- ed to: face shields, eye protection, isolation gowns, face masks, respi- rators, and turnout gear. Lastly, monies collected and deposited into the account may be used to reimburse volunteer fire departments and emergency medical services for lost revenue due to either municipal budget cuts or the cancellation of public events such as fundraisers or charity events.   SUMMARY OF PROVISIONS:: Section 1. Diverts excess funds collected from the public safety commu- nications surcharge from the general fund and into the New York State Volunteer Fire Protection Reimbursement Account. Section 2. Subdivision 1; Establishes the New York State Volunteer Fire Protection Reimbursement Account and gives the Comptroller and the Commissioner of the Department of Tax and Finance joint custody of the account. Subdivision 2; allocates revenues collected from the public safety communications surcharge to be deposited in the account. Subdivision 3, Subparagraph (a); Allows monies deposited into the fund to be used to reimburse volunteer fire departments and emergency medical services for the purchase or PPE and for lost revenues. Subparagraph (b); Limits eligibility to fire companies, departments, districts, and not-for-profit EMS services and requires applications be submitted to the New York State Division of Homeland Security and Emergency Services. Section 3. Effective Date.   JUSTIFICATION:: The COVID-19 pandemic has limited financial resources for everyone. Although there has been a concerted effort by all levels of government to assist the general public in recovering from this disaster, some organizations such as volunteer fire departments and emergency medical services have been forgotten. Not only are volunteer firefighters and EMT's essential to public health, they are front line essential workers. Unfortunately, many volunteers throughout our State have not been given adequate PPE like masks, face shields and isolation gowns. To complicate matters, these volunteer groups are not able to conduct their tradi- tional fundraising events that keep their vital services going. This legislation leverages money that is already collected by the State through the public safety communications surcharge and diverts a portion of it to assist volunteer fire departments and other emergency personnel obtain PPE and deal with this loss of revenue.   PRIOR LEGISLATIVE HISTORY:: 2019-20: A.10397   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:: None to the State. The current 410 of funds collected from Public Safety Communication Surcharge that are deposited into the State general fund will now be deposited into the New York State Volunteer Fire Protection Reimbursement Account.   EFFECTIVE DATE:: Immediately, provided, however, the provisions of this act shall expire one year after the expiration of the governor's declared emergency pursuant to Executive Order 202.
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A03783 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3783
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 28, 2021
                                       ___________
 
        Introduced  by  M.  of A. NORRIS, ASHBY, BARCLAY, BLANKENBUSH, BRABENEC,
          BYRNE, BYRNES,  DeSTEFANO,  DiPIETRO,  FITZPATRICK,  FRIEND,  GOODELL,
          J. M. GIGLIO, HAWLEY, LALOR, MANKTELOW, McDONOUGH, MIKULIN, B. MILLER,
          M. MILLER,   MONTESANO,   MORINELLO,  PALMESANO,  RA,  REILLY,  SALKA,
          SCHMITT, SMITH, SMULLEN,  TAGUE,  WALCZYK,  WALSH  --  read  once  and
          referred to the Committee on Ways and Means
 
        AN  ACT  to  amend the tax law and the state finance law, in relation to
          the New York state volunteer fire protection  emergency  reimbursement
          account  for  reimbursement for expenses incurred relating to procure-
          ment of personal protective equipment and other expenses; and  provid-
          ing for the repeal of such provisions upon expiration thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (a) of subdivision 5 of section 186-f of the  tax
     2  law,  as added by section 3 of part B of chapter 56 of the laws of 2009,
     3  is amended to read as follows:
     4    (a) forty-one and seven-tenths of the revenues collected and  received
     5  under  this  section into the [state general fund] New York state volun-
     6  teer fire protection emergency reimbursement account established  pursu-
     7  ant to section ninety-nine-ii of the state finance law; and
     8    § 2. The state finance law is amended by adding a new section 99-ii to
     9  read as follows:
    10    § 99-ii. New York state volunteer fire protection emergency reimburse-
    11  ment account. 1. There is hereby established in the joint custody of the
    12  state comptroller and the commissioner of the department of taxation and
    13  finance  a special fund to be known as the New York state volunteer fire
    14  protection emergency reimbursement account. Moneys in this account shall
    15  be kept separate and not commingled with any other moneys in the custody
    16  of the comptroller.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01803-01-1

        A. 3783                             2
 
     1    2. The sum equal to the amount identified in paragraph (a) of subdivi-
     2  sion five of section one hundred eighty-six-f of the tax  law  shall  be
     3  credited to the fund.
     4    3.  (a)  Monies collected and deposited into the New York state volun-
     5  teer fire protection emergency reimbursement account shall be  used  to:
     6  reimburse  volunteer  fire companies, volunteer fire departments, volun-
     7  teer fire districts, volunteer fire protection  districts  and  not-for-
     8  profit  emergency  medical  services  for  expenses  incurred related to
     9  procurement of personal protective equipment including but not be limit-
    10  ed to, face shields, eye protection, isolation gowns, face masks, respi-
    11  rators, and turnout gear; and to  reimburse  volunteer  fire  companies,
    12  volunteer  fire  departments,  volunteer  fire districts, volunteer fire
    13  protection districts and not-for-profit emergency medical  services  for
    14  lost  revenues  due  to  municipal budget cuts or restrictions on public
    15  revenue raising events during the state of  emergency  declared  by  the
    16  governor  pursuant to section twenty-nine of the executive law beginning
    17  March seventh, two thousand twenty.
    18    (b) Such reimbursements shall only be made upon application by a  fire
    19  company, department, district, or non-profit EMS service to the New York
    20  state  division  of homeland security. The division of homeland security
    21  may  require  submission  of  documentation  with  an  application   for
    22  reimbursement as it deems necessary.
    23    §  3.  This  act shall take effect immediately; provided, however, the
    24  provisions of this act shall expire and  be  deemed  repealed  one  year
    25  after  the  expiration  of the governor's declared emergency pursuant to
    26  Executive Order 202.
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