senate Bill S5990A

Signed By Governor
2013-2014 Legislative Session

Authorizes Delaware county to establish wireless surcharges

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Sponsored By

Archive: Last Bill Status Via A8303 - Signed by Governor


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 11, 2014 signed chap.260
Aug 01, 2014 delivered to governor
Jun 20, 2014 returned to assembly
passed senate
3rd reading cal.1694
substituted for s5990a
Jun 20, 2014 substituted by a8303a
ordered to third reading cal.1694
committee discharged and committed to rules
Mar 17, 2014 print number 5990a
amend and recommit to local government
Jan 08, 2014 referred to local government
Nov 22, 2013 referred to rules

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S5990 - Details

See Assembly Version of this Bill:
A8303A
Law Section:
County Law
Laws Affected:
Add §308-y, County L

S5990 - Summary

Authorizes Delaware county to establish wireless surcharges.

S5990 - Sponsor Memo

S5990 - Bill Text download pdf

                    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

Co-Sponsors

S5990A (ACTIVE) - Details

See Assembly Version of this Bill:
A8303A
Law Section:
County Law
Laws Affected:
Add §308-y, County L

S5990A (ACTIVE) - Summary

Authorizes Delaware county to establish wireless surcharges.

S5990A (ACTIVE) - Sponsor Memo

S5990A (ACTIVE) - Bill Text download pdf

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

                                 5990--A

                       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  --  recom-
  mitted  to the Committee on Local Government in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11949-03-4

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