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
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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
S. 5990 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 DELAWARE
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 DELAWARE 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 DELAWARE COUNTY FOR
THE SURCHARGE UNTIL IT HAS BEEN PAID TO DELAWARE 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 DELA-
WARE COUNTY, IT SHALL ALSO PROVIDE DELAWARE 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 DELAWARE COUNTY AN ACCOUNTING OF THE SURCHARGE AMOUNTS BILLED
AND COLLECTED.
4. ALL SURCHARGE MONIES REMITTED TO DELAWARE COUNTY BY A WIRELESS
COMMUNICATIONS SERVICE SUPPLIER SHALL BE EXPENDED ONLY UPON AUTHORI-
ZATION OF THE LOCAL COUNTY LEGISLATIVE BODY AND ONLY FOR PAYMENT OF
ELIGIBLE WIRELESS 911 SERVICE COSTS AS DEFINED IN SUBDIVISION SIXTEEN OF
SECTION THREE HUNDRED TWENTY-FIVE OF THIS CHAPTER. THE COUNTY OF DELA-
WARE 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
FOLLOWING 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. 5990 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.