Bill Text: NY A08303 | 2013-2014 | General Assembly | Amended

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Bill Title: Authorizes Delaware county to establish wireless surcharges.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2014-08-11 - signed chap.260 [A08303 Detail]

Download: New_York-2013-A08303-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        8303--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   December 6, 2013
                                      ___________
       Introduced by M. of A. CROUCH -- read once and referred to the Committee
         on  Local Governments -- recommitted to the Committee on Local Govern-
         ments in  accordance  with  Assembly  Rule  3,  sec.  2  --  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:
    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 DELAWARE WIRELESS SURCHARGE.    1.
    4  NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE COUNTY OF
    5  DELAWARE,  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 DELAWARE 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 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.
                                                                  LBD11949-02-4
       A. 8303--A                          2
    1  PROVISIONS  OF  THIS SECTION SHALL BE GIVEN A MINIMUM OF FORTY-FIVE DAYS
    2  WRITTEN NOTICE PRIOR TO THE DATE IT SHALL BEGIN TO ADD SUCH SURCHARGE TO
    3  THE BILLINGS OF ITS CUSTOMERS OR PRIOR TO ANY MODIFICATION TO OR  CHANGE
    4  IN THE SURCHARGE AMOUNT.
    5    3.  (A) EACH WIRELESS COMMUNICATIONS SERVICE SUPPLIER SERVING DELAWARE
    6  COUNTY SHALL ACT AS COLLECTION AGENT FOR THE COUNTY AND SHALL REMIT  THE
    7  FUNDS  COLLECTED PURSUANT TO A SURCHARGE IMPOSED UNDER THE PROVISIONS OF
    8  THIS SECTION TO THE CHIEF FISCAL OFFICER OF DELAWARE COUNTY EVERY MONTH.
    9  SUCH FUNDS SHALL BE REMITTED NO LATER THAN THIRTY DAYS  AFTER  THE  LAST
   10  BUSINESS DAY OF THE MONTH.
   11    (B) EACH WIRELESS COMMUNICATIONS SERVICE SUPPLIER SHALL BE ENTITLED TO
   12  RETAIN,  AS AN ADMINISTRATIVE FEE, AN AMOUNT EQUAL TO TWO PERCENT OF ITS
   13  COLLECTIONS OF A SURCHARGE IMPOSED UNDER THE PROVISIONS OF THIS SECTION.
   14    (C) ANY SURCHARGE REQUIRED TO BE  COLLECTED  BY  A  WIRELESS  COMMUNI-
   15  CATIONS  SERVICE SUPPLIER SHALL BE ADDED TO AND STATED SEPARATELY IN ITS
   16  BILLINGS TO CUSTOMERS.
   17    (D) EACH WIRELESS COMMUNICATIONS SERVICE CUSTOMER WHO  IS  SUBJECT  TO
   18  THE  PROVISIONS  OF  THIS SECTION SHALL BE LIABLE TO DELAWARE COUNTY FOR
   19  THE SURCHARGE UNTIL IT HAS BEEN PAID  TO  DELAWARE  COUNTY  EXCEPT  THAT
   20  PAYMENT  TO  A WIRELESS COMMUNICATIONS SERVICE SUPPLIER IS SUFFICIENT TO
   21  RELIEVE THE CUSTOMER FROM FURTHER LIABILITY FOR SUCH SURCHARGE.
   22    (E) NO WIRELESS COMMUNICATIONS SERVICE SUPPLIER  SHALL  HAVE  A  LEGAL
   23  OBLIGATION  TO ENFORCE THE COLLECTION OF ANY SURCHARGE IMPOSED UNDER THE
   24  PROVISIONS OF THIS SECTION, PROVIDED, HOWEVER, THAT WHENEVER  THE  WIRE-
   25  LESS COMMUNICATIONS SERVICE SUPPLIER REMITS THE FUNDS COLLECTED TO DELA-
   26  WARE  COUNTY,  IT  SHALL  ALSO PROVIDE DELAWARE COUNTY WITH THE NAME AND
   27  ADDRESS OF ANY CUSTOMER REFUSING OR FAILING TO PAY A  SURCHARGE  IMPOSED
   28  UNDER  THE PROVISIONS OF THIS SECTION AND SHALL STATE THE AMOUNT OF SUCH
   29  SURCHARGE REMAINING UNPAID.
   30    (F) EACH  WIRELESS  COMMUNICATIONS  SERVICE  SUPPLIER  SHALL  ANNUALLY
   31  PROVIDE TO DELAWARE COUNTY AN ACCOUNTING OF THE SURCHARGE AMOUNTS BILLED
   32  AND COLLECTED.
   33    4.  ALL  SURCHARGE  MONIES  REMITTED  TO DELAWARE COUNTY BY A WIRELESS
   34  COMMUNICATIONS SERVICE SUPPLIER SHALL BE  EXPENDED  ONLY  UPON  AUTHORI-
   35  ZATION  OF  THE  LOCAL  COUNTY  LEGISLATIVE BODY AND ONLY FOR PAYMENT OF
   36  ELIGIBLE WIRELESS 911 SERVICE COSTS AS DEFINED IN SUBDIVISION SIXTEEN OF
   37  SECTION THREE HUNDRED TWENTY-FIVE OF THIS CHAPTER. THE COUNTY  OF  DELA-
   38  WARE SHALL SEPARATELY ACCOUNT FOR AND KEEP ADEQUATE BOOKS AND RECORDS OF
   39  THE AMOUNT AND SOURCE OF ALL SUCH MONIES AND OF THE AMOUNT AND OBJECT OR
   40  PURPOSE  OF ALL EXPENDITURES THEREOF. IF, AT THE END OF ANY FISCAL YEAR,
   41  THE TOTAL AMOUNT OF ALL SUCH MONIES EXCEEDS  THE  AMOUNT  NECESSARY  FOR
   42  PAYMENT  OF  THE  ABOVE MENTIONED COSTS IN SUCH FISCAL YEAR, SUCH EXCESS
   43  SHALL BE RESERVED AND CARRIED OVER FOR THE PAYMENT OF THOSE COSTS IN THE
   44  FOLLOWING FISCAL YEAR.
   45    S 2. This act shall take effect immediately; provided,  however,  that
   46  the  provisions  of subdivision 1 of section 308-y of the county law, as
   47  added by section one of this act shall apply to bills rendered to  wire-
   48  less  communications  service  customers  by  a  wireless communications
   49  service supplier on and  after  the  expiration  of  the  notice  period
   50  required  pursuant  to  the  provisions of subdivision 2 of such section
   51  308-y; provided further, that a wireless communications service supplier
   52  may treat the address used by such supplier for  any  wireless  communi-
   53  cations  customer under a service contract or agreement in effect on the
   54  effective date of the local law imposing such surcharge, as  that  wire-
   55  less  communications  customer's  place of primary use for the remaining
   56  term of such service contract or agreement, excluding any  extension  or
       A. 8303--A                          3
    1  renewal of such service contract or agreement, for purposes of determin-
    2  ing  the  taxing jurisdiction with respect to taxes on wireless communi-
    3  cations service.