senate Bill S5503

2011-2012 Legislative Session

Authorizes the imposition of a wireless surcharge in certain counties

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Archive: Last Bill Status - In Committee


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

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Senate Actions - UPPERCASE
Jan 04, 2012 referred to local government
May 26, 2011 referred to local government

S5503 - Bill Details

Current Committee:
Senate Local Government
Law Section:
County Law
Laws Affected:
Add §308-y, amd §325, County L

S5503 - Bill Texts

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Authorizes the imposition of a wireless surcharge in certain counties.

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BILL NUMBER:S5503

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

PURPOSE:
This bill would authorize counties that currently do not impose a
wireless surcharge the ability to do so for the purpose of providing
and expanding vital emergency services within such counties and
expands the definition of eligible wireless 911 service costs.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends the County Law by adding a new section
308-y to allow the counties in the State that have not established a
wireless surcharge, to adopt, amend or repeal local laws through its
local county legislative body to impose a surcharge for the purpose
of providing and expanding E-911 emergency services, in an amount not
to exceed thirty cents per month on wireless communications service
in the county.

Paragraph 2 relates to providing written notice forty five days prior
to the imposition of the surcharge.

Paragraph 3 relates to the wireless communication service supplier
obligations.

Paragraph 4 relates to how the surcharge monies are to be expended for
purposes of design, installation, operation, or maintenance of a
system to provide enhanced wireless 911 service.

Section 2 of the bill amends subdivision 16 of section 325 of the
County Law to expand the definition of "eligible wireless 911 service
costs" to include operation costs.

Section 3 provides that this bill take effect immediately.

JUSTIFICATION:
This bill would authorize the ten counties which currently do not
impose a 30 cent surcharge the ability to do so. This legislation
would assist counties in paying for costs associated with providing
wireless 911 emergency services within their boundaries. Revenues
generated by the
wireless surcharge will help defray local costs imposed on providing
E-911 wireless services, which would allow an individual the ability
to connect to public safety answering points when E911 is dialed.
More than half of the counties in New York have obtained State
legislation authorizing the imposition of a surcharge not to exceed
thirty cents per month on wireless communications service within each
county and have utilized the revenue derived from such authority to
enhance this vitally important service.

LEGISLATIVE HISTORY:
None.


FISCAL IMPLICATIONS:
This bill would provide revenue to those counties that currently do
not impose a wireless surcharge.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  5503

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 26, 2011
                               ___________

Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local Government

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

  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 WIRELESS SURCHARGE. 1.  NOTWITHSTAND-
ING  THE  PROVISIONS  OF ANY LAW TO THE CONTRARY, A COUNTY IN THIS STATE
THAT HAS NOT ESTABLISHED A WIRELESS SURCHARGE PURSUANT TO THIS  ARTICLE,
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  WIRELESS  COMMUNI-
CATIONS  SERVICE  IN SUCH 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) 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 SUCH 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.
                                                           LBD11711-02-1

S. 5503                             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 SUCH
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  SUCH  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 SUCH  COUNTY  FOR  THE
SURCHARGE UNTIL IT HAS BEEN PAID TO SUCH 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 SUCH
COUNTY, IT SHALL ALSO PROVIDE SUCH 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 SUCH COUNTY AN ACCOUNTING OF THE SURCHARGE AMOUNTS BILLED AND
COLLECTED.
  4. ALL SURCHARGE MONIES REMITTED TO SUCH COUNTY BY A WIRELESS COMMUNI-
CATIONS SERVICE SUPPLIER SHALL BE EXPENDED ONLY  UPON  AUTHORIZATION  OF
THE LOCAL COUNTY LEGISLATIVE BODY AND ONLY FOR PAYMENT OF ELIGIBLE WIRE-
LESS  911  SERVICE  COSTS  AS  DEFINED IN SUBDIVISION SIXTEEN OF SECTION
THREE HUNDRED TWENTY-FIVE OF THIS CHAPTER. SUCH COUNTY 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 FOLLOW-
ING 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.

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