senate Bill S5990

Amended

Authorizes Delaware county to establish wireless surcharges

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 22 / Nov / 2013
    • REFERRED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO LOCAL GOVERNMENT
  • 17 / Mar / 2014
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 17 / Mar / 2014
    • PRINT NUMBER 5990A
  • 20 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 20 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1694
  • 20 / Jun / 2014
    • SUBSTITUTED BY A8303A

Summary

Authorizes Delaware county to establish wireless surcharges.

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Bill Details

See Assembly Version of this Bill:
A8303
Versions:
S5990
S5990A
Legislative Cycle:
2013-2014
Law Section:
County Law
Laws Affected:
Add §308-y, amd §325, County L

Sponsor Memo

BILL NUMBER:S5990

TITLE OF BILL: An act to amend the county law, in relation to
wireless surcharges in Delaware county

PURPOSE:

The measure authorizes the Delaware County Board of Supervisors, at
local option, to impose a wireless surcharge of thirty cents ($.30)
per device, per month.

SUMMARY OF PROVISIONS:

The bill adds a new section § 308-y of the county law to authorize the
Delaware County Board of Supervisors to impose a surcharge of up to
thirty cents ($.30) per wireless device, per month.

EXISTING LAW:

Delaware County is not currently authorized by law to impose a
wireless surcharge.

JUSTIFICATION:

The Delaware County Board of Supervisors has requested the authority,
by resolution, to impose a surcharge on wireless devices of an amount
not to exceed thirty cents ($.30) per wireless device, per month, in
order to fund enhanced wireless 911 services

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None to the state

EFFECTIVE DATE:

Immediately. The county will be required to enact its own local law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5990

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            November 22, 2013
                               ___________

Introduced  by  Sens. SEWARD, BONACIC -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules

AN ACT to amend the county law, in relation to  wireless  surcharges  in
  Delaware county

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The county law is amended by adding a new section 308-y  to
read as follows:
  S  308-Y.  ESTABLISHMENT OF COUNTY OF DELAWARE WIRELESS SURCHARGE.  1.
NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE COUNTY OF
DELAWARE, ACTING THROUGH ITS LOCAL COUNTY LEGISLATIVE  BODY,  IS  HEREBY
AUTHORIZED  AND EMPOWERED TO ADOPT, AMEND OR REPEAL LOCAL LAWS TO IMPOSE
A SURCHARGE IN AN AMOUNT NOT TO EXCEED THIRTY CENTS PER MONTH  ON  WIRE-
LESS  COMMUNICATIONS SERVICE IN DELAWARE COUNTY.  THE SURCHARGE SHALL BE
IMPOSED ON EACH WIRELESS COMMUNICATIONS DEVICE AND  SHALL  BE  REFLECTED
AND  MADE  PAYABLE ON BILLS RENDERED FOR WIRELESS COMMUNICATIONS SERVICE
THAT IS PROVIDED TO A CUSTOMER WHOSE PLACE OF PRIMARY USE IS WITHIN  THE
COUNTY.  FOR  PURPOSES  OF THIS SECTION, THE TERM "PLACE OF PRIMARY USE"
SHALL MEAN THE STREET  ADDRESS  THAT  IS  REPRESENTATIVE  OF  WHERE  THE
CUSTOMER'S  USE OF THE WIRELESS COMMUNICATIONS SERVICE PRIMARILY OCCURS,
WHICH ADDRESS MUST BE: (A) THE RESIDENTIAL STREET ADDRESS OR THE PRIMARY
BUSINESS STREET ADDRESS OF THE CUSTOMER; AND  (B)  WITHIN  THE  LICENSED
SERVICE AREA OF THE WIRELESS COMMUNICATIONS SERVICE SUPPLIER.
  2.  ANY  LOCAL  LAW  ADOPTED  PURSUANT TO THIS SECTION SHALL STATE THE
AMOUNT OF THE SURCHARGE AND THE DATE  ON  WHICH  THE  WIRELESS  COMMUNI-
CATIONS  SERVICE SUPPLIER SHALL BEGIN TO ADD SUCH SURCHARGE TO THE BILL-
INGS OF ITS CUSTOMERS.  ANY  WIRELESS  COMMUNICATIONS  SERVICE  SUPPLIER
WITHIN  DELAWARE  COUNTY  WHICH  HAS IMPOSED A SURCHARGE PURSUANT TO THE
PROVISIONS OF THIS SECTION SHALL BE GIVEN A MINIMUM OF  FORTY-FIVE  DAYS
WRITTEN NOTICE PRIOR TO THE DATE IT SHALL BEGIN TO ADD SUCH SURCHARGE TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11949-01-3

S. 5990                             2

THE  BILLINGS OF ITS CUSTOMERS OR PRIOR TO ANY MODIFICATION TO OR CHANGE
IN THE SURCHARGE AMOUNT.
  3.  (A) EACH WIRELESS COMMUNICATIONS SERVICE SUPPLIER SERVING DELAWARE
COUNTY SHALL ACT AS COLLECTION AGENT FOR THE COUNTY AND SHALL REMIT  THE
FUNDS  COLLECTED PURSUANT TO A SURCHARGE IMPOSED UNDER THE PROVISIONS OF
THIS SECTION TO THE CHIEF FISCAL OFFICER OF DELAWARE COUNTY EVERY MONTH.
SUCH FUNDS SHALL BE REMITTED NO LATER THAN THIRTY DAYS  AFTER  THE  LAST
BUSINESS DAY OF THE MONTH.
  (B) EACH WIRELESS COMMUNICATIONS SERVICE SUPPLIER SHALL BE ENTITLED TO
RETAIN,  AS AN ADMINISTRATIVE FEE, AN AMOUNT EQUAL TO TWO PERCENT OF ITS
COLLECTIONS OF A SURCHARGE IMPOSED UNDER THE PROVISIONS OF THIS SECTION.
  (C) ANY SURCHARGE REQUIRED TO BE  COLLECTED  BY  A  WIRELESS  COMMUNI-
CATIONS  SERVICE SUPPLIER SHALL BE ADDED TO AND STATED SEPARATELY IN ITS
BILLINGS TO CUSTOMERS.
  (D) EACH WIRELESS COMMUNICATIONS SERVICE CUSTOMER WHO  IS  SUBJECT  TO
THE  PROVISIONS  OF  THIS SECTION SHALL BE LIABLE TO DELAWARE COUNTY FOR
THE SURCHARGE UNTIL IT HAS BEEN PAID  TO  DELAWARE  COUNTY  EXCEPT  THAT
PAYMENT  TO  A WIRELESS COMMUNICATIONS SERVICE SUPPLIER IS SUFFICIENT TO
RELIEVE THE CUSTOMER FROM FURTHER LIABILITY FOR SUCH SURCHARGE.
  (E) NO WIRELESS COMMUNICATIONS SERVICE SUPPLIER  SHALL  HAVE  A  LEGAL
OBLIGATION  TO ENFORCE THE COLLECTION OF ANY SURCHARGE IMPOSED UNDER THE
PROVISIONS OF THIS SECTION, PROVIDED, HOWEVER, THAT WHENEVER  THE  WIRE-
LESS COMMUNICATIONS SERVICE SUPPLIER REMITS THE FUNDS COLLECTED TO DELA-
WARE  COUNTY,  IT  SHALL  ALSO PROVIDE DELAWARE COUNTY WITH THE NAME AND
ADDRESS OF ANY CUSTOMER REFUSING OR FAILING TO PAY A  SURCHARGE  IMPOSED
UNDER  THE PROVISIONS OF THIS SECTION AND SHALL STATE THE AMOUNT OF SUCH
SURCHARGE REMAINING UNPAID.
  (F) EACH  WIRELESS  COMMUNICATIONS  SERVICE  SUPPLIER  SHALL  ANNUALLY
PROVIDE TO DELAWARE COUNTY AN ACCOUNTING OF THE SURCHARGE AMOUNTS BILLED
AND COLLECTED.
  4.  ALL  SURCHARGE  MONIES  REMITTED  TO DELAWARE COUNTY BY A WIRELESS
COMMUNICATIONS SERVICE SUPPLIER SHALL BE  EXPENDED  ONLY  UPON  AUTHORI-
ZATION  OF  THE  LOCAL  COUNTY  LEGISLATIVE BODY AND ONLY FOR PAYMENT OF
ELIGIBLE WIRELESS 911 SERVICE COSTS AS DEFINED IN SUBDIVISION SIXTEEN OF
SECTION THREE HUNDRED TWENTY-FIVE OF THIS CHAPTER. THE COUNTY  OF  DELA-
WARE SHALL SEPARATELY ACCOUNT FOR AND KEEP ADEQUATE BOOKS AND RECORDS OF
THE AMOUNT AND SOURCE OF ALL SUCH MONIES AND OF THE AMOUNT AND OBJECT OR
PURPOSE  OF ALL EXPENDITURES THEREOF. IF, AT THE END OF ANY FISCAL YEAR,
THE TOTAL AMOUNT OF ALL SUCH MONIES EXCEEDS  THE  AMOUNT  NECESSARY  FOR
PAYMENT  OF  THE  ABOVE MENTIONED COSTS IN SUCH FISCAL YEAR, SUCH EXCESS
SHALL BE RESERVED AND CARRIED OVER FOR THE PAYMENT OF THOSE COSTS IN THE
FOLLOWING FISCAL YEAR.
  S 2. Subdivision 16 of section 325 of the  county  law,  as  added  by
section  1  of  part  G of chapter 81 of the laws of 2002, is amended to
read as follows:
  16. "Eligible wireless 911 service costs" shall  mean  costs  eligible
for  reimbursement  and  shall  include the actual costs incurred by the
locality related to the design, installation, OPERATION, or  maintenance
of a system to provide enhanced wireless 911 service, including, but not
limited  to, hardware, software, consultants, financing and other acqui-
sition costs.
  S 3. This act shall take effect immediately; provided,  however,  that
the  provisions  of subdivision 1 of section 308-y of the county law, as
added by section one of this act shall apply to bills rendered to  wire-
less  communications  service  customers  by  a  wireless communications
service supplier on and  after  the  expiration  of  the  notice  period

S. 5990                             3

required  pursuant  to  the  provisions of subdivision 2 of such section
308-y; provided further, that a wireless communications service supplier
may treat the address used by such supplier for  any  wireless  communi-
cations  customer under a service contract or agreement in effect on the
effective date of the local law imposing such surcharge, as  that  wire-
less  communications  customer's  place of primary use for the remaining
term of such service contract or agreement, excluding any  extension  or
renewal of such service contract or agreement, for purposes of determin-
ing  the  taxing jurisdiction with respect to taxes on wireless communi-
cations service.

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