S05990 Summary:

BILL NOS05990A
 
SAME ASSAME AS A08303-A
 
SPONSORSEWARD
 
COSPNSRBONACIC
 
MLTSPNSR
 
Add S308-y, County L
 
Authorizes Delaware county to establish wireless surcharges.
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S05990 Actions:

BILL NOS05990A
 
11/22/2013REFERRED TO RULES
01/08/2014REFERRED TO LOCAL GOVERNMENT
03/17/2014AMEND AND RECOMMIT TO LOCAL GOVERNMENT
03/17/2014PRINT NUMBER 5990A
06/20/2014COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/20/2014ORDERED TO THIRD READING CAL.1694
06/20/2014SUBSTITUTED BY A8303A
 A08303 AMEND=A Crouch
 12/06/2013referred to local governments
 01/08/2014referred to local governments
 03/18/2014amend and recommit to local governments
 03/18/2014print number 8303a
 05/28/2014reported referred to ways and means
 06/02/2014reported referred to rules
 06/11/2014reported
 06/11/2014rules report cal.155
 06/11/2014ordered to third reading rules cal.155
 06/19/2014home rule request
 06/19/2014passed assembly
 06/19/2014delivered to senate
 06/19/2014REFERRED TO RULES
 06/20/2014SUBSTITUTED FOR S5990A
 06/20/20143RD READING CAL.1694
 06/20/2014PASSED SENATE
 06/20/2014RETURNED TO ASSEMBLY
 08/01/2014delivered to governor
 08/11/2014signed chap.260
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S05990 Floor Votes:

There are no votes for this bill in this legislative session.
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S05990 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5990--A
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                    November 22, 2013
                                       ___________
 
        Introduced  by  Sens. SEWARD, BONACIC -- read twice and ordered printed,
          and when printed to be committed to the Committee on Rules  --  recom-
          mitted  to the Committee on Local Government in accordance with Senate
          Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 

        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:
 
     1    Section  1. The county law is amended by adding a new section 308-y to
     2  read as follows:
     3    § 308-y. Establishment of county of Delaware wireless surcharge.    1.
     4  Notwithstanding the provisions of any law to the contrary, the county of
     5  Delaware,  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 Delaware 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 Delaware county which has imposed a  surcharge  pursuant  to  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11949-03-4

        S. 5990--A                          2
 
     1  provisions  of  this section shall be given a minimum of forty-five days
     2  written notice prior to the date it shall begin to add such surcharge to

     3  the billings of its customers or prior to any modification to or  change
     4  in the surcharge amount.
     5    3.  (a) Each wireless communications service supplier serving Delaware
     6  county shall act as collection agent for the county and shall remit  the
     7  funds  collected pursuant to a surcharge imposed under the provisions of
     8  this section to the chief fiscal officer of Delaware county every month.
     9  Such funds shall be remitted no later than thirty days  after  the  last
    10  business day of the month.
    11    (b) Each wireless communications service supplier shall be entitled to
    12  retain,  as an administrative fee, an amount equal to two percent of its
    13  collections of a surcharge imposed under the provisions of this section.

    14    (c) Any surcharge required to be  collected  by  a  wireless  communi-
    15  cations  service supplier shall be added to and stated separately in its
    16  billings to customers.
    17    (d) Each wireless communications service customer who  is  subject  to
    18  the  provisions  of  this section shall be liable to Delaware county for
    19  the surcharge until it has been paid  to  Delaware  county  except  that
    20  payment  to  a wireless communications service supplier is sufficient to
    21  relieve the customer from further liability for such surcharge.
    22    (e) No wireless communications service supplier  shall  have  a  legal
    23  obligation  to enforce the collection of any surcharge imposed under the
    24  provisions of this section, provided, however, that whenever  the  wire-

    25  less communications service supplier remits the funds collected to Dela-
    26  ware  county,  it  shall  also provide Delaware county with the name and
    27  address of any customer refusing or failing to pay a  surcharge  imposed
    28  under  the provisions of this section and shall state the amount of such
    29  surcharge remaining unpaid.
    30    (f) Each  wireless  communications  service  supplier  shall  annually
    31  provide to Delaware county an accounting of the surcharge amounts billed
    32  and collected.
    33    4.  All  surcharge  monies  remitted  to Delaware county by a wireless
    34  communications service supplier shall be  expended  only  upon  authori-
    35  zation  of  the  local  county  legislative body and only for payment of

    36  eligible wireless 911 service costs as defined in subdivision sixteen of
    37  section three hundred twenty-five of this chapter. The county  of  Dela-
    38  ware shall separately account for and keep adequate books and records of
    39  the amount and source of all such monies and of the amount and object or
    40  purpose  of all expenditures thereof. If, at the end of any fiscal year,
    41  the total amount of all such monies exceeds  the  amount  necessary  for
    42  payment  of  the  above mentioned costs in such fiscal year, such excess
    43  shall be reserved and carried over for the payment of those costs in the
    44  following fiscal year.
    45    § 2. This act shall take effect immediately; provided,  however,  that
    46  the  provisions  of subdivision 1 of section 308-y of the county law, as

    47  added by section one of this act shall apply to bills rendered to  wire-
    48  less  communications  service  customers  by  a  wireless communications
    49  service supplier on and  after  the  expiration  of  the  notice  period
    50  required  pursuant  to  the  provisions of subdivision 2 of such section
    51  308-y; provided further, that a wireless communications service supplier
    52  may treat the address used by such supplier for  any  wireless  communi-
    53  cations  customer under a service contract or agreement in effect on the
    54  effective date of the local law imposing such surcharge, as  that  wire-
    55  less  communications  customer's  place of primary use for the remaining
    56  term of such service contract or agreement, excluding any  extension  or

        S. 5990--A                          3
 
     1  renewal of such service contract or agreement, for purposes of determin-

     2  ing  the  taxing jurisdiction with respect to taxes on wireless communi-
     3  cations service.
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