Bill Text: NY S04866 | 2013-2014 | General Assembly | Introduced

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Bill Title: Authorizes Oneida county to establish wireless surcharges.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2014-01-08 - REFERRED TO LOCAL GOVERNMENT [S04866 Detail]

Download: New_York-2013-S04866-Introduced.html

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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:
    1    Section 1. The county law is amended by adding a new section 308-y  to
    2  read as follows:
    3    S  308-Y.  ESTABLISHMENT  OF  COUNTY OF ONEIDA WIRELESS SURCHARGE.  1.
    4  NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE COUNTY OF
    5  ONEIDA, ACTING THROUGH ITS LOCAL  COUNTY  LEGISLATIVE  BODY,  IS  HEREBY
    6  AUTHORIZED  AND EMPOWERED TO ADOPT, AMEND OR REPEAL LOCAL LAWS TO IMPOSE
    7  A SURCHARGE IN AN AMOUNT NOT TO EXCEED THIRTY CENTS PER MONTH  ON  WIRE-
    8  LESS  COMMUNICATIONS  SERVICE  IN  ONEIDA COUNTY. THE SURCHARGE SHALL BE
    9  IMPOSED ON EACH WIRELESS COMMUNICATIONS DEVICE AND  SHALL  BE  REFLECTED
   10  AND  MADE  PAYABLE ON BILLS RENDERED FOR WIRELESS COMMUNICATIONS SERVICE
   11  THAT IS PROVIDED TO A CUSTOMER WHOSE PLACE OF PRIMARY USE IS WITHIN  THE
   12  COUNTY.  FOR  PURPOSES  OF THIS SECTION, THE TERM "PLACE OF PRIMARY USE"
   13  SHALL MEAN THE STREET  ADDRESS  THAT  IS  REPRESENTATIVE  OF  WHERE  THE
   14  CUSTOMER'S  USE OF THE WIRELESS COMMUNICATIONS SERVICE PRIMARILY OCCURS,
   15  WHICH ADDRESS MUST BE: (A) THE RESIDENTIAL STREET ADDRESS OR THE PRIMARY
   16  BUSINESS STREET ADDRESS OF THE CUSTOMER; AND  (B)  WITHIN  THE  LICENSED
   17  SERVICE AREA OF THE WIRELESS COMMUNICATIONS SERVICE SUPPLIER.
   18    2.  ANY  LOCAL  LAW  ADOPTED  PURSUANT TO THIS SECTION SHALL STATE THE
   19  AMOUNT OF THE SURCHARGE AND THE DATE  ON  WHICH  THE  WIRELESS  COMMUNI-
   20  CATIONS  SERVICE SUPPLIER SHALL BEGIN TO ADD SUCH SURCHARGE TO THE BILL-
   21  INGS OF ITS CUSTOMERS.  ANY  WIRELESS  COMMUNICATIONS  SERVICE  SUPPLIER
   22  WITHIN  ONEIDA  COUNTY  WHICH  HAS  IMPOSED  A SURCHARGE PURSUANT TO THE
   23  PROVISIONS OF THIS SECTION SHALL BE GIVEN A MINIMUM OF  FORTY-FIVE  DAYS
   24  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
    1  THE  BILLINGS OF ITS CUSTOMERS OR PRIOR TO ANY MODIFICATION TO OR CHANGE
    2  IN THE SURCHARGE AMOUNT.
    3    3.  (A)  EACH  WIRELESS COMMUNICATIONS SERVICE SUPPLIER SERVING ONEIDA
    4  COUNTY SHALL ACT AS COLLECTION AGENT FOR THE COUNTY AND SHALL REMIT  THE
    5  FUNDS  COLLECTED PURSUANT TO A SURCHARGE IMPOSED UNDER THE PROVISIONS OF
    6  THIS SECTION TO THE CHIEF FISCAL OFFICER OF ONEIDA COUNTY  EVERY  MONTH.
    7  SUCH  FUNDS  SHALL  BE REMITTED NO LATER THAN THIRTY DAYS AFTER THE LAST
    8  BUSINESS DAY OF THE MONTH.
    9    (B) EACH WIRELESS COMMUNICATIONS SERVICE SUPPLIER SHALL BE ENTITLED TO
   10  RETAIN, AS AN ADMINISTRATIVE FEE, AN AMOUNT EQUAL TO TWO PERCENT OF  ITS
   11  COLLECTIONS OF A SURCHARGE IMPOSED UNDER THE PROVISIONS OF THIS SECTION.
   12    (C)  ANY  SURCHARGE  REQUIRED  TO  BE COLLECTED BY A WIRELESS COMMUNI-
   13  CATIONS SERVICE SUPPLIER SHALL BE ADDED TO AND STATED SEPARATELY IN  ITS
   14  BILLINGS TO CUSTOMERS.
   15    (D)  EACH  WIRELESS  COMMUNICATIONS SERVICE CUSTOMER WHO IS SUBJECT TO
   16  THE PROVISIONS OF THIS SECTION SHALL BE LIABLE TO ONEIDA COUNTY FOR  THE
   17  SURCHARGE UNTIL IT HAS BEEN PAID TO ONEIDA COUNTY EXCEPT THAT PAYMENT TO
   18  A  WIRELESS COMMUNICATIONS SERVICE SUPPLIER IS SUFFICIENT TO RELIEVE THE
   19  CUSTOMER FROM FURTHER LIABILITY FOR SUCH SURCHARGE.
   20    (E) NO WIRELESS COMMUNICATIONS SERVICE SUPPLIER  SHALL  HAVE  A  LEGAL
   21  OBLIGATION  TO ENFORCE THE COLLECTION OF ANY SURCHARGE IMPOSED UNDER THE
   22  PROVISIONS OF THIS SECTION, PROVIDED, HOWEVER, THAT WHENEVER  THE  WIRE-
   23  LESS COMMUNICATIONS SERVICE SUPPLIER REMITS THE FUNDS COLLECTED TO ONEI-
   24  DA COUNTY, IT SHALL ALSO PROVIDE ONEIDA COUNTY WITH THE NAME AND ADDRESS
   25  OF ANY CUSTOMER REFUSING OR FAILING TO PAY A SURCHARGE IMPOSED UNDER THE
   26  PROVISIONS  OF THIS SECTION AND SHALL STATE THE AMOUNT OF SUCH SURCHARGE
   27  REMAINING UNPAID.
   28    (F) EACH  WIRELESS  COMMUNICATIONS  SERVICE  SUPPLIER  SHALL  ANNUALLY
   29  PROVIDE  TO  ONEIDA COUNTY AN ACCOUNTING OF THE SURCHARGE AMOUNTS BILLED
   30  AND COLLECTED.
   31    4. ALL SURCHARGE MONIES REMITTED TO ONEIDA COUNTY BY A WIRELESS COMMU-
   32  NICATIONS SERVICE SUPPLIER SHALL BE EXPENDED ONLY UPON AUTHORIZATION  OF
   33  THE LOCAL COUNTY LEGISLATIVE BODY AND ONLY FOR PAYMENT OF ELIGIBLE WIRE-
   34  LESS  911  SERVICE  COSTS  AS  DEFINED IN SUBDIVISION SIXTEEN OF SECTION
   35  THREE HUNDRED TWENTY-FIVE OF THIS CHAPTER. THE COUNTY  OF  ONEIDA  SHALL
   36  SEPARATELY ACCOUNT FOR AND KEEP ADEQUATE BOOKS AND RECORDS OF THE AMOUNT
   37  AND SOURCE OF ALL SUCH MONIES AND OF THE AMOUNT AND OBJECT OR PURPOSE OF
   38  ALL  EXPENDITURES  THEREOF. IF, AT THE END OF ANY FISCAL YEAR, THE TOTAL
   39  AMOUNT OF ALL SUCH MONIES EXCEEDS THE AMOUNT NECESSARY  FOR  PAYMENT  OF
   40  THE  ABOVE  MENTIONED  COSTS  IN  SUCH FISCAL YEAR, SUCH EXCESS SHALL BE
   41  RESERVED AND CARRIED OVER FOR THE PAYMENT OF THOSE COSTS IN THE  FOLLOW-
   42  ING FISCAL YEAR.
   43    S  2.  Subdivision  16  of  section 325 of the county law, as added by
   44  section 1 of part G of chapter 81 of the laws of  2002,  is  amended  to
   45  read as follows:
   46    16.  "Eligible  wireless  911 service costs" shall mean costs eligible
   47  for reimbursement and shall include the actual  costs  incurred  by  the
   48  locality  related to the design, installation, OPERATION, or maintenance
   49  of a system to provide enhanced wireless 911 service, including, but not
   50  limited to, hardware, software, consultants, financing and other  acqui-
   51  sition costs.
   52    S  3.  This act shall take effect immediately; provided, however, that
   53  the provisions of subdivision 1 of section 308-y of the county  law,  as
   54  added  by section one of this act shall apply to bills rendered to wire-
   55  less communications  service  customers  by  a  wireless  communications
   56  service  supplier  on  and  after  the  expiration  of the notice period
       S. 4866                             3
    1  required pursuant to the provisions of subdivision  2  of  such  section
    2  308-y; provided further, that a wireless communications service supplier
    3  may  treat  the  address used by such supplier for any wireless communi-
    4  cations  customer under a service contract or agreement in effect on the
    5  effective date of the local law imposing such surcharge, as  that  wire-
    6  less  communications  customer's  place of primary use for the remaining
    7  term of such service contract or agreement, excluding any  extension  or
    8  renewal of such service contract or agreement, for purposes of determin-
    9  ing  the  taxing jurisdiction with respect to taxes on wireless communi-
   10  cations service.