senate Bill S5503

2011-2012 Legislative Session

Authorizes the imposition of a wireless surcharge in certain counties

download bill text pdf

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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Actions

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

S5503 - Details

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

S5503 - Summary

Authorizes the imposition of a wireless surcharge in certain counties.

S5503 - Sponsor Memo

S5503 - Bill Text download pdf

                    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

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