Relates to 911 calls made on cell phones; requires all cell phones sold in the state to be capable of dialing 911 regardless of whether the consumer has entered or maintained a service contract; imposes a surcharge on prepaid wireless communications service.

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S1594-2011 Actions

• Jan 4, 2012: REFERRED TO ENERGY AND TELECOMMUNICATIONS
• Jan 10, 2011: REFERRED TO ENERGY AND TELECOMMUNICATIONS

S1594-2011 Memo

BILL NUMBER:S1594

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to creating
the animal abuser central registry, and to
require that certain convicted animal abusers register with such
registry

PURPOSE OR GENERAL IDEA OF BILL: This legislation
creates an animal
abuse central registry.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 creates a central registry
of individuals (over the age of 18) convicted of animal abuse and
requires animal abusers to register. Section 1 specifically
enumerates what violations of sections of law would require an
individual to register. This section further outlines what
information must be provided to the registry Further this section
prohibits an individual who registers under this act from owning an
animal unless a court finds otherwise. This section further requires
animal shelters and pet dealers to check with the registry-Section 2
is the effective date.

JUSTIFICATION:
Animal abusers are heinous individuals who hurt and
kill animals that axe incapable of defending themselves. An
individual who is convicted of animal abuse should lose their right
to have an animal. Violators of this law should be punished severely.
Creating an animal abuse registry will help ensure that animal
abusers are not able to own more possible victims of their future
violence.

PRIOR LEGISLATIVE HISTORY:
S. 6875 Referred to Senate Agriculture Committee in 2012

FISCAL IMPLICATIONS: Minimal

EFFECTIVE DATE: This act shall take effect immediately.

S1594-2011 Text

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

                                    1594

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 10, 2011
                                 ___________

  Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
    printed to be committed to the Committee on  Energy  and  Telecommuni-
    cations

  AN ACT to amend the public service law, in relation to wireless communi-
    cations  devices; and to amend the tax law, in relation to a surcharge
    on prepaid wireless communications service

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  The public service law is amended by adding a new section
  92-g to read as follows:

    S 92-G. AUTOMATIC LOCATION IDENTIFICATION AND ACCESS TO 911  EMERGENCY
  SERVICES  FOR  WIRELESS  COMMUNICATIONS DEVICES.   ALL WIRELESS COMMUNI-
  CATION DEVICES SOLD IN THIS STATE, INCLUDING BUT NOT LIMITED TO  DISPOS-
  ABLE  AND  PREPAID  DEVICES, SHALL BE CAPABLE OF ACCESSING 911 EMERGENCY
  SERVICES AND ENHANCED 911 SERVICES AS DEFINED IN SECTION  THREE  HUNDRED
  ONE OF THE COUNTY LAW, WHERE AVAILABLE, AND SHALL BE CAPABLE OF AUTOMAT-
  IC  LOCATION  IDENTIFICATION,  REGARDLESS  OF  WHETHER  THE CONSUMER HAS
  ENTERED  INTO  OR  MAINTAINS  A  CONTRACT  FOR  WIRELESS  COMMUNICATIONS
  SERVICES FOR SUCH DEVICE.
    S  2.  The tax law is amended by adding a new section 186-g to read as
  follows:

    S 186-G. PREPAID WIRELESS COMMUNICATIONS SURCHARGE. 1.    DEFINITIONS.
  (A)  "CONSUMER" MEANS A PERSON WHO PURCHASES A PREPAID WIRELESS TELECOM-
  MUNICATIONS DEVICE OR SERVICE IN A RETAIL TRANSACTION.
    (B) "WIRELESS COMMUNICATIONS  DEVICE"  MEANS  ANY  EQUIPMENT  USED  TO
  ACCESS A WIRELESS COMMUNICATIONS SERVICE.
    (C)  "PREPAID  WIRELESS  TELECOMMUNICATIONS  SERVICE" MEANS A WIRELESS
  TELECOMMUNICATIONS SERVICE WHICH MUST BE PAID FOR IN ADVANCE AND IS SOLD
  IN PREDETERMINED UNITS OR DOLLARS OF WHICH THE NUMBER DECLINES WITH  USE
  IN A KNOWN AMOUNT, AND SHALL INCLUDE BUT NOT BE LIMITED TO PREPAID CALL-
  ING  CARDS  AS DEFINED IN SECTION NINETY-TWO-F OF THE PUBLIC SERVICE LAW

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00791-01-1

 S. 1594                             2

  OR ANY OTHER CARD OR SIMILAR ITEM WHICH PERMITS  A  CONSUMER  ADDITIONAL
  CALLING TIME ON A PREPAID WIRELESS COMMUNICATIONS DEVICE.
    2. (A) A SURCHARGE ON PREPAID WIRELESS COMMUNICATIONS SERVICE PROVIDED
  TO  A  RETAIL  CUSTOMER  IS  IMPOSED AT THE RATE OF THREE PERCENT OF THE
  PURCHASE PRICE OF EACH WIRELESS COMMUNICATIONS SERVICE. WIRELESS PREPAID
  DEVICES AND EQUIPMENT SHALL BE EXCLUDED FROM SUCH SURCHARGE UNLESS  SUCH
  DEVICES ARE BUNDLED WITH SERVICE MINUTES.
    (B)  EVERY  RETAILER  OF A WIRELESS COMMUNICATIONS SERVICE IN NEW YORK
  STATE MUST ACT AS A COLLECTION AGENT FOR THE STATE FOR THE COLLECTION OF
  THE SURCHARGE IMPOSED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION. THE
  SURCHARGE MUST BE REPORTED AND PAID TO THE COMMISSIONER ON  A  QUARTERLY
  BASIS  ON  OR BEFORE THE FIFTEENTH DAY OF THE MONTH FOLLOWING EACH QUAR-
  TERLY PERIOD ENDING ON THE LAST DAY OF FEBRUARY, MAY, AUGUST AND  NOVEM-
  BER,  RESPECTIVELY.  THE PAYMENTS MUST BE ACCOMPANIED BY A RETURN IN THE
  FORM AND CONTAINING THE INFORMATION THE COMMISSIONER MAY PRESCRIBE.
    (C) EACH RETAILER IS ENTITLED TO RETAIN, AS AN ADMINISTRATIVE FEE,  AN
  AMOUNT EQUAL TO ONE AND ONE-HALF PERCENT OF THE TOTAL COLLECTIONS OF THE
  SURCHARGE  IMPOSED BY THIS SECTION, PROVIDED THAT THE RETAILER FILES ANY
  REQUIRED RETURN AND REMITS THE SURCHARGE DUE TO THE COMMISSIONER  ON  OR
  BEFORE ITS DUE DATE.
    (D)  NOTWITHSTANDING  SECTION TWO HUNDRED SEVEN-B OF THIS ARTICLE, THE
  SURCHARGE IMPOSED BY THIS SECTION SHALL BE SUBJECT TO THE ADMINISTRATIVE
  PROVISIONS OF ARTICLE TWENTY-EIGHT OF THIS CHAPTER.  THE TERM "TAXPAYER"
  IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER REFERS TO A RETAILER OF  PREPAID
  WIRELESS  COMMUNICATIONS  SERVICE  SUBJECT  TO THIS SECTION AND THE TERM
  "TAX" IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER REFERS  TO  THE  SURCHARGE
  IMPOSED BY THIS SECTION.
    3. THE PREPAID WIRELESS COMMUNICATIONS SURCHARGE SHALL BE COLLECTED BY
  THE  SELLER  FROM  THE  CONSUMER WITH RESPECT TO EACH RETAIL TRANSACTION
  OCCURRING IN THIS STATE CONSISTENT WITH  ARTICLE  TWENTY-EIGHT  OF  THIS
  CHAPTER.  THE  AMOUNT OF THE SURCHARGE SHALL BE EITHER SEPARATELY STATED
  ON AN INVOICE, RECEIPT, OR OTHER SIMILAR DOCUMENT THAT  IS  PROVIDED  TO
  THE  CONSUMER BY THE SELLER, OR OTHERWISE DISCLOSED TO THE CONSUMER. THE
  AMOUNT OF THE SURCHARGE THAT IS COLLECTED BY A SELLER  FROM  A  CONSUMER
  PURSUANT TO THIS SECTION, WHETHER OR NOT SUCH AMOUNT IS SEPARATELY STAT-
  ED  ON  AN  INVOICE,  RECEIPT, OR OTHER SIMILAR DOCUMENT PROVIDED TO THE
  CONSUMER BY THE SELLER, SHALL NOT BE INCLUDED IN THE BASE FOR  MEASURING
  ANY  TAX, FEE, SURCHARGE, OR OTHER CHARGE THAT IS IMPOSED BY THIS STATE,
  ANY POLITICAL SUBDIVISION OF THIS STATE, OR ANY INTERGOVERNMENTAL  AGEN-
  CY.
    4.  DEPOSITS OF SURCHARGE MONIES COLLECTED AND RECEIVED. NOTWITHSTAND-
  ING ANY PROVISION OF LAW TO THE CONTRARY, ALL SURCHARGE MONIES COLLECTED
  AND RECEIVED BY THE COMMISSIONER UNDER THIS SECTION  MUST  BE  DEPOSITED
  DAILY  TO  THE  CREDIT  OF THE COMPTROLLER WITH THOSE RESPONSIBLE BANKS,
  BANKING HOUSES OR TRUST COMPANIES THE COMPTROLLER MAY  DESIGNATE.  THOSE
  DEPOSITS  MUST  BE  KEPT SEPARATE AND APART FROM ALL OTHER MONIES IN THE
  POSSESSION OF THE COMPTROLLER. THE  COMPTROLLER  MUST  REQUIRE  ADEQUATE
  SECURITY  FROM  ALL SUCH DEPOSITORIES. OF THE TOTAL REVENUE COLLECTED OR
  RECEIVED UNDER THIS SECTION, THE COMPTROLLER MUST RETAIN  IN  THE  COMP-
  TROLLER'S HANDS AN AMOUNT DETERMINED BY THE COMMISSIONER TO BE NECESSARY
  FOR  REFUNDS  UNDER  THIS SECTION, OUT OF WHICH THE COMPTROLLER WILL PAY
  ANY REFUNDS TO WHICH TAXPAYERS ARE ENTITLED UNDER THE PROVISIONS OF THIS
  SECTION. THE COMPTROLLER, AFTER RESERVING THE AMOUNT TO PAY REFUNDS, AND
  AFTER DEDUCTING THE AMOUNT RETAINED BY WIRELESS COMMUNICATIONS RETAILERS
  PURSUANT TO PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION,  MUST,  ON
  OR  BEFORE  THE  TENTH  DAY  OF  EACH  MONTH,  PAY  ALL SURCHARGE MONIES

 S. 1594                             3

  COLLECTED AND RECEIVED UNDER THIS SECTION AND  REMAINING  INTO  THE  NEW
  YORK STATE WIRELESS TELEPHONE EMERGENCY SERVICE ACCOUNT OF THE MISCELLA-
  NEOUS  SPECIAL REVENUE FUND, CREATED PURSUANT TO SECTION NINETY-SEVEN-QQ
  OF THE STATE FINANCE LAW.
    S  3.  This  act shall take effect on the ninetieth day after it shall
  have become a law; provided that section two  of  this  act  shall  take
  effect  on the first day of the second quarterly period, as described in
  paragraph (b) of subdivision 2 of section 186-g of the tax law, as added
  by section two of this act, next commencing after  this  act  becomes  a
  law.