Authorizes Monroe county to establish wireless surcharges.
Ayes (57): Adams, Addabbo, Avella, Bonacic, Boyle, Breslin, DeFrancisco, Diaz, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (6): Ball, Carlucci, Dilan, Gipson, O'Brien, Tkaczyk
TITLE OF BILL: An act to amend the county law, in relation to wireless surcharges in Monroe county
This bill would authorize Monroe County to establish a wireless surcharge for the purpose of providing and expanding vital emergency services within the county.
SUMMARY OF PROVISIONS:
Section one of the bill amends the county law by adding a new section 308-y to allow Monroe county to adopt, amend or repeal local laws through its local county legislative body to impose a wireless surcharge for the purpose of providing E-911 emergency services, in an amount not to exceed thirty cents per month on wireless communications service in the county.
Paragraph 2 relates to providing written notice forty-five days prior to the imposition of the surcharge.
Paragraph 3 relates to the wireless communication service supplier obligations.
Paragraph 4 relates to how the surcharge monies are to be expended and excess reserves shall be carried over to the next fiscal year.
Section 2 of the bill amends subdivision 16 of section 325 of the county law to expand the definition of "eligible wireless 911 service costs" to include operation costs,
Section 3 is the effective date.
This bill would authorize Monroe County to implement a wireless surcharge not to exceed thirty cents per month. This legislation would assist the county in paying for costs associated with the operation, maintenance and administration of the local 911 system. Revenues generated by the wireless surcharge will help defray local costs imposed on providing emergency 911 wireless services throughout the county. The county will utilize the revenue derived from this authority to enhance services in order to prepare for the increased and varied methods of receiving emergency calls and enable the county to better serve every person that is in need of this important service.
LOCAL FISCAL IMPLICATIONS:
Additional revenue to the county.
Immediate with provisions.
STATE OF NEW YORK ________________________________________________________________________ 5809 2013-2014 Regular Sessions IN SENATE 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 TOEXPLANATION--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 periodS. 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.