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

                                  5809

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 17, 2013
                               ___________

Introduced  by Sen. NOZZOLIO -- 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
  Monroe 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 MONROE WIRELESS SURCHARGE.  1.
NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE COUNTY OF
MONROE, 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  MONROE 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  MONROE  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.
                                                           LBD11539-01-3

              

S. 5809                             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 MONROE
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 MONROE 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 MONROE COUNTY FOR  THE
SURCHARGE UNTIL IT HAS BEEN PAID TO MONROE 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
MONROE COUNTY, IT SHALL ALSO PROVIDE MONROE 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 MONROE COUNTY AN ACCOUNTING OF THE SURCHARGE  AMOUNTS  BILLED
AND COLLECTED.
  4. ALL SURCHARGE MONIES REMITTED TO MONROE 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 MONROE 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. 5809                             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.