Bill Text: NY A08035 | 2013-2014 | General Assembly | Introduced

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Bill Title: Authorizes Monroe county to establish wireless surcharges.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-08-11 - signed chap.259 [A08035 Detail]

Download: New_York-2013-A08035-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8035
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 17, 2013
                                      ___________
       Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
         tee on Local Governments
       AN ACT to amend the county law, in relation to  wireless  surcharges  in
         Monroe 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 MONROE WIRELESS SURCHARGE.  1.
    4  NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE COUNTY OF
    5  MONROE, 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  MONROE 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  MONROE  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.
                                                                  LBD11539-01-3
       A. 8035                             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 MONROE
    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 MONROE 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 MONROE COUNTY FOR  THE
   17  SURCHARGE UNTIL IT HAS BEEN PAID TO MONROE 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
   24  MONROE COUNTY, IT SHALL ALSO PROVIDE MONROE COUNTY  WITH  THE  NAME  AND
   25  ADDRESS  OF  ANY CUSTOMER REFUSING OR FAILING TO PAY A SURCHARGE IMPOSED
   26  UNDER THE PROVISIONS OF THIS SECTION AND SHALL STATE THE AMOUNT OF  SUCH
   27  SURCHARGE REMAINING UNPAID.
   28    (F)  EACH  WIRELESS  COMMUNICATIONS  SERVICE  SUPPLIER  SHALL ANNUALLY
   29  PROVIDE TO MONROE COUNTY AN ACCOUNTING OF THE SURCHARGE  AMOUNTS  BILLED
   30  AND COLLECTED.
   31    4. ALL SURCHARGE MONIES REMITTED TO MONROE 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 MONROE 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
       A. 8035                             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.