A07600 Summary:

BILL NO    A07600 

SAME AS    No same as 

SPONSOR    Blankenbush

COSPNSR    

MLTSPNSR   

Add S308-y, amd S325, County L

Authorizes Lewis county to establish wireless surcharges.
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A07600 Actions:

BILL NO    A07600 

05/24/2013 referred to local governments
01/08/2014 referred to local governments
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A07600 Votes:

There are no votes for this bill in this legislative session.
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A07600 Memo:

BILL NUMBER:A7600

TITLE OF BILL:  An act to amend the county law, in relation to
wireless surcharges in Lewis county

PURPOSE:  This bill would authorize Lewis County to impose a wireless
surcharge for the purpose of providing and expanding vital emergency
services within the county. It also expands the definition of eligible
wireless 911 service costs.

SUMMARY OF PROVISIONS:

Section one of the bill amends the county law by adding a new section
308-y to allow Lewis county to adopt, amend or repeal local laws
through its local county legislative body to impose a wireless
surcharge for the purpose of providing and expanding 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 for
purposes of design, installation, operation, or maintenance of a
system to provide enhanced wireless 911 service.

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 provides that the bill take effect immediately, with
provisions.

JUSTIFICATION:  This bill would authorize Lewis County to impose a
wireless surcharge not to exceed thirty cents per month. This
legislation would assist the county in paying for costs associated
with providing wireless 911 emergency services within its boundaries.
Revenues generated by the wireless surcharge will help defray local
costs imposed on providing E-911 wireless services, which would allow
an individual the ability to connect to public safety answering points
when E-919 is dialed. The county will utilize the revenue derived from
this authority to enhance this vitally important service.

LEGISLATIVE HISTORY: New.

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: Additional revenue to the county.

EFFECTIVE DATE: Immediate with provisions.
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A07600 Text:

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

                                         7600

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                     May 24, 2013
                                      ___________

       Introduced  by  M.  of  A.  BLANKENBUSH -- read once and referred to the
         Committee on Local Governments

       AN ACT to amend the county law, in relation to  wireless  surcharges  in
         Lewis 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  LEWIS WIRELESS SURCHARGE. 1.
    4  NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE COUNTY OF
    5  LEWIS, 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  LEWIS  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  LEWIS  COUNTY  WHICH  HAS  IMPOSED  A  SURCHARGE PURSUANT TO THE
   23  PROVISIONS OF THIS SECTION SHALL BE GIVEN A MINIMUM OF  FORTY-FIVE  DAYS
   24  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.
                                                                  LBD11257-01-3
       A. 7600                             2

    1  THE  BILLINGS OF ITS CUSTOMERS OR PRIOR TO ANY MODIFICATION TO OR CHANGE
    2  IN THE SURCHARGE AMOUNT.
    3    3.  (A)  EACH  WIRELESS  COMMUNICATIONS SERVICE SUPPLIER SERVING LEWIS
    4  COUNTY SHALL ACT AS COLLECTION AGENT FOR THE COUNTY AND SHALL REMIT  THE
    5  FUNDS  COLLECTED PURSUANT TO A SURCHARGE IMPOSED UNDER THE PROVISIONS OF
    6  THIS SECTION TO THE CHIEF FISCAL OFFICER OF LEWIS  COUNTY  EVERY  MONTH.
    7  SUCH  FUNDS  SHALL  BE REMITTED NO LATER THAN THIRTY DAYS AFTER THE LAST
    8  BUSINESS DAY OF THE MONTH.
    9    (B) EACH WIRELESS COMMUNICATIONS SERVICE SUPPLIER SHALL BE ENTITLED TO
   10  RETAIN, AS AN ADMINISTRATIVE FEE, AN AMOUNT EQUAL TO TWO PERCENT OF  ITS
   11  COLLECTIONS OF A SURCHARGE IMPOSED UNDER THE PROVISIONS OF THIS SECTION.
   12    (C)  ANY  SURCHARGE  REQUIRED  TO  BE COLLECTED BY A WIRELESS COMMUNI-
   13  CATIONS SERVICE SUPPLIER SHALL BE ADDED TO AND STATED SEPARATELY IN  ITS
   14  BILLINGS TO CUSTOMERS.
   15    (D)  EACH  WIRELESS  COMMUNICATIONS SERVICE CUSTOMER WHO IS SUBJECT TO
   16  THE PROVISIONS OF THIS SECTION SHALL BE LIABLE TO LEWIS COUNTY  FOR  THE
   17  SURCHARGE  UNTIL IT HAS BEEN PAID TO LEWIS COUNTY EXCEPT THAT PAYMENT TO
   18  A WIRELESS COMMUNICATIONS SERVICE SUPPLIER IS SUFFICIENT TO RELIEVE  THE
   19  CUSTOMER FROM FURTHER LIABILITY FOR SUCH SURCHARGE.
   20    (E)  NO  WIRELESS  COMMUNICATIONS  SERVICE SUPPLIER SHALL HAVE A LEGAL
   21  OBLIGATION TO ENFORCE THE COLLECTION OF ANY SURCHARGE IMPOSED UNDER  THE
   22  PROVISIONS  OF  THIS SECTION, PROVIDED, HOWEVER, THAT WHENEVER THE WIRE-
   23  LESS COMMUNICATIONS SERVICE SUPPLIER REMITS THE FUNDS COLLECTED TO LEWIS
   24  COUNTY, IT SHALL ALSO PROVIDE LEWIS COUNTY WITH THE NAME AND ADDRESS  OF
   25  ANY  CUSTOMER  REFUSING  OR FAILING TO PAY A SURCHARGE IMPOSED UNDER THE
   26  PROVISIONS OF THIS SECTION AND SHALL STATE THE AMOUNT OF SUCH  SURCHARGE
   27  REMAINING UNPAID.
   28    (F)  EACH  WIRELESS  COMMUNICATIONS  SERVICE  SUPPLIER  SHALL ANNUALLY
   29  PROVIDE TO LEWIS COUNTY AN ACCOUNTING OF THE  SURCHARGE  AMOUNTS  BILLED
   30  AND COLLECTED.
   31    4.  ALL SURCHARGE MONIES REMITTED TO LEWIS COUNTY BY A WIRELESS COMMU-
   32  NICATIONS SERVICE SUPPLER SHALL BE EXPENDED ONLY UPON  AUTHORIZATION  OF
   33  THE LOCAL COUNTY LEGISLATIVE BODY AND ONLY FOR PAYMENT OF ELIGIBLE WIRE-
   34  LESS  911  SERVICE  COSTS  AS  DEFINED IN SUBDIVISION SIXTEEN OF SECTION
   35  THREE HUNDRED TWENTY-FIVE OF THIS CHAPTER. THE  COUNTY  OF  LEWIS  SHALL
   36  SEPARATELY ACCOUNT FOR AND KEEP ADEQUATE BOOKS AND RECORDS OF THE AMOUNT
   37  AND SOURCE OF ALL SUCH MONIES AND OF THE AMOUNT AND OBJECT OR PURPOSE OF
   38  ALL  EXPENDITURES  THEREOF. IF, AT THE END OF ANY FISCAL YEAR, THE TOTAL
   39  AMOUNT OF ALL SUCH MONIES EXCEEDS THE AMOUNT NECESSARY  FOR  PAYMENT  OF
   40  THE  ABOVE  MENTIONED  COSTS  IN  SUCH FISCAL YEAR, SUCH EXCESS SHALL BE
   41  RESERVED AND CARRIED OVER FOR THE PAYMENT OF THOSE COSTS IN THE  FOLLOW-
   42  ING FISCAL YEAR.
   43    S  2.  Subdivision  16  of  section 325 of the county law, as added by
   44  section 1 of part G of chapter 81 of the laws of  2002,  is  amended  to
   45  read as follows:
   46    16.  "Eligible  wireless  911 service costs" shall mean costs eligible
   47  for reimbursement and shall include the actual  costs  incurred  by  the
   48  locality  related to the design, installation, OPERATION, or maintenance
   49  of a system to provide enhanced wireless 911 service, including, but not
   50  limited to, hardware, software, consultants, financing and other  acqui-
   51  sition costs.
   52    S  3.  This act shall take effect immediately; provided, however, that
   53  the provisions of subdivision 1 of section 308-y of the county  law,  as
   54  added  by section one of this act shall apply to bills rendered to wire-
   55  less communications  service  customers  by  a  wireless  communications
   56  service  supplier  on  and  after  the  expiration  of the notice period
       A. 7600                             3

    1  required pursuant to the provisions of subdivision  2  of  such  section
    2  308-y; provided further, that a wireless communications service supplier
    3  may  treat  the  address used by such supplier for any wireless communi-
    4  cations  customer under a service contract or agreement in effect on the
    5  effective date of the local law imposing such surcharge, as  that  wire-
    6  less  communications  customer's  place of primary use for the remaining
    7  term of such service contract or agreement, excluding any  extension  or
    8  renewal of such service contract or agreement, for purposes of determin-
    9  ing  the  taxing jurisdiction with respect to taxes on wireless communi-
   10  cations service.
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