What's happening
This bill authorizes Oswego County to impose a monthly wireless communications surcharge of up to thirty cents to fund 911 services.
Why it matters
Direct funding for local 911 services. This surcharge ensures that the costs of maintaining and upgrading Oswego County’s emergency response infrastructure are supported by residents who use wireless devices, which are increasingly the main way people contact 911.
Targeted and transparent use of funds. The law requires that all surcharge revenues be tracked, separately accounted for, and used exclusively for “eligible wireless 911 service costs.” Any surplus must be carried over to future years for the same purpose, preventing diversion to unrelated county spending.
Administrative responsibilities and protections. Wireless providers must collect and remit the surcharge but are allowed a small administrative fee (2%). Providers are not required to enforce collection from nonpaying customers, but must report delinquencies to the county, balancing the county’s need for revenue with practical limits on provider liability.
Clear definitions and consumer impact. The surcharge applies based on a customer’s “place of primary use,” generally their home or business address within the county. This helps ensure the charge is fairly applied only to those actually using Oswego County’s emergency services, and provides clarity for both consumers and wireless companies.
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Who cares
Headline styles
Oswego Cell Surcharge Allowed
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to local government
- Referred to local government
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1919
2017-2018 Regular Sessions
IN SENATE
January 11, 2017
Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government
AN ACT to amend the county law, in relation to communication service surcharges applied to Oswego county
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The county law is amended by adding a new section 309 to read as follows:
§ 309. Establishment of county of Oswego wireless surcharge. 1. Notwithstanding the provisions of any law to the contrary, the county of Oswego, 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 wireless communications service in Oswego 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 communications service supplier shall begin to add such surcharge to the billings of its customers. Any wireless communications service supplier within Oswego 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 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 Oswego county shall act as collection agent for the county and shall remit the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07614-01-7
S. 1919 2
funds collected pursuant to a surcharge imposed under the provisions of this section to the chief fiscal officer of Oswego 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 communications 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 Oswego county for the surcharge until it has been paid to Oswego 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 wireless communications service supplier remits the funds collected to Oswego county, it shall also provide Oswego 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 Oswego county an accounting of the surcharge amounts billed and collected.
4. All surcharge monies remitted to Oswego county by a wireless communications service supplier shall be expended only upon authorization 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 Oswego 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.
§ 2. This act shall take effect immediately, provided, however, that the provisions of subdivision 1 of section 309 of the county law, as added by section one of this act shall apply to bills rendered to wireless communications service customers by a wireless communications service supplier on and after the expiration of the notice period required pursuant to the provisions of subdivision 2 of such section 309; provided further, that a wireless communications service supplier may treat the address used by such supplier for any wireless communications customer under a service contract or agreement in effect on the effective date of the local law imposing such surcharge, as that wireless 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 determining the taxing jurisdiction with respect to taxes on wireless communications service.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the county law, in relation to communication service surcharges applied to Oswego county
Purpose
To authorize the Oswego County legislature to impose wireless surcharge in Oswego County
Summary of provisions
Section 1 amends the county law by adding a new section 309 establishing a wireless surcharge in an amount not to exceed $0.30 per month on wireless communications service in Oswego County.
Section 2 provides the effective date.
Existing law
§ 303 of the county law establishes surcharges for system costs.
§ 325(16) of the county law defines eligible wireless 911 service costs as 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 acquisition costs.
Justification
The Oswego County Legislature has requested the authority to establish a 911 wireless surcharge. The county operates an enhanced 911 center and is the single answering point for all 911 calls in Oswego County. Due to constant technological changes and advancement, the county's E-911 equipment and radio system requires improvements on a yearly basis. While the county already has a land line surcharge in place, the prevalence of cell phones has grown dramatically since the inception of E-911 to the point where many residences no longer utilize a land line. This change has resulted in a decrease in land line revenues while, at the same time, costs associated with the ability to process a wireless call and call volume originating from cell phones has increased. A wireless surcharge $0.30 per month would greatly help the Oswego's E-911 Center continue to improve its services to county residents and treat persons with only a cell number as equitable as those with a only a land line. This bill is in the county's best interest and as such, the enactment of this bill is essential.
Legislative history
2015-2016: S.5200-A/A.7827-A
Fiscal implications
None to the state.
Effective date
This act shall take effect immediately, pursuant to legislative determination and upon a notice period.
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