senate Bill S4866

2013-2014 Legislative Session

Authorizes Oneida county to establish wireless surcharges

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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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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to local government
returned to senate
died in assembly
Jun 24, 2013 referred to local governments
Jun 21, 2013 delivered to assembly
passed senate
ordered to third reading cal.1647
committee discharged and committed to rules
Apr 29, 2013 referred to local government

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S4866 - Bill Details

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

S4866 - Bill Texts

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Authorizes Oneida county to establish wireless surcharges.

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BILL NUMBER:S4866

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

PURPOSE:

This bill would authorize Oneida county to impose a wireless surcharge
for the purpose of providing and expanding vital emergency services
within the county. It also 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 Oneida county to adopt, amend or repeal local laws
through its local county legislative body to impose a wireless surcharge
for the purpose of providing and expanding E-911 emergency services, in
an amount not to exceed thirty cents per month on wireless communi-
cations 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 obli-
gations.

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 the bill take effect immediately, with
provisions.

JUSTIFICATION:

This bill would authorize Oneida county to impose a wireless surcharge
not to exceed thirty cents per month. This legislation would assist the
county in paying for costs associated with providing wireless 911 emer-
gency services within its boundaries. Revenues generated by the wireless
surcharge will help defray local costs imposed on providing E-911 wire-
less services, which would allow an individual the ability to connect to
public safety answering points when E911 is dialed. The county will
utilize the revenue derived from this authority to enhance this vitally
important service.

LEGISLATIVE HISTORY:

New.

FISCAL IMPLICATIONS:

This measure will provide revenue to the county.

EFFECTIVE DATE:

Immediate with provisions.

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

                                  4866

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 29, 2013
                               ___________

Introduced  by  Sens. GRIFFO, VALESKY -- 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
  Oneida 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 ONEIDA WIRELESS SURCHARGE.  1.
NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE COUNTY OF
ONEIDA, 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  ONEIDA 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  ONEIDA  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.
                                                           LBD10502-01-3

S. 4866                             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 ONEIDA
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 ONEIDA 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 ONEIDA COUNTY FOR  THE
SURCHARGE UNTIL IT HAS BEEN PAID TO ONEIDA 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 ONEI-
DA COUNTY, IT SHALL ALSO PROVIDE ONEIDA 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  ONEIDA COUNTY AN ACCOUNTING OF THE SURCHARGE AMOUNTS BILLED
AND COLLECTED.
  4. ALL SURCHARGE MONIES REMITTED TO ONEIDA COUNTY BY A WIRELESS COMMU-
NICATIONS 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. THE COUNTY  OF  ONEIDA  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; 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. 4866                             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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