WIRELESS LEGISLATION FOR THESTATE OF NEW YORK
ASSEMBLY BILL 10777
1995 NY A. B. 10777
AN ACT to amend the county law, in relation toenhanced emergency telephone system surcharge for operationalexpenses
THE PEOPLE OF THE STATE OF NEW YORK,REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 . Section 300 of the county law, asadded by chapter 756 of the laws of 1989, is amended to read asfollows:
Section 300. Legislative findings anddeclaration of intent. The legislature recognizes the paramountimportance of the health, safety and welfare of the citizens ofthe state and further recognizes that when the lives or propertyof its citizens are in imminent danger that timely andappropriate assistance must be rendered.
The legislature recognizes further that suchassistance is almost always summoned by telephone and that amultiplicity of emergency telephone numbers exist within any onecounty and that unintentional, though avoidable, delays inreaching appropriate emergency aid can and do occur to thedetriment and jeopardy of life and property.
The legislature acknowledges that the threedigit number, 911, is a nationally recognized and appliedtelephone number which may be used to summon emergency aid and toeliminate delays caused by lack of familiarity with emergencynumbers and by understandable confusion in circumstances ofcrisis.
The legislature finds that the enhancedemergency telephone service known as E911 provides substantialbenefits beyond basic 911 systems through the provision ofselective routing and automatic number and locationidentification and that these enhancements not only significantlyreduce the response time of emergency services but also representthe state of the art in fail-safe emergency telephone systemtechnology.
The legislature further finds that a majorobstacle to the establishment of an E911 system in the variouscounties within the state is the cost of the telecommunicationequipment and services which are necessary to provide suchsystem. THIS IS ESPECIALLY TRUE FOR COUNTIES WITH RELATIVELYSMALL POPULATIONS WHICH ARE NOT LARGE ENOUGH TO SUPPORT THE COSTSASSOCIATED WITH AN E911 SYSTEM.
The legislature further finds and declaresthat, by the enactment of the provisions of this article, it isthe intent of the legislature to fulfill its obligation toprovide for the heath, safety and welfare of the people of thisstate by providing counties with a funding mechanism to assist inthe payment of the costs associated with establishing andmaintaining an E911 system and thereby considerably increase thepotential for providing all citizens of this state with thevaluable services inherent in an E911 system.
Section 2. Section 301 of the county law isamended by adding four new subdivisions 11, 12, 13 and 14 to readas follows:
11. “PERSONNEL COSTS” MEANS ALLCOSTS ASSOCIATED WITH THE SALARIES. WAGES. BENEFITS AND OTHERRELATED NEEDS OF PERSONNEL TO OPERATE AND MAINTAIN AN E911SYSTEM.
12. “TRAINING COSTS” MEANS ALLCOSTS ASSOCIATED WITH THE TRAINING OF PERSONNEL WHO OPERATE ANDMAINTAIN AN E911 SYSTEM. SUCH COSTS SHALL INCLUDE. BUT ARE NOTLIMITED TO THE COSTS OF CERTIFYING AND TRAINING TRAINERS. ANDPURCHASING TRAINING MATERIALS. EQUIPMENT AND SERVICES.
13. “HOUSING COSTS” MEANS FLOORSPACE. HEAT, LIGHT AND POWER. AND OTHER OCCUPANCY COSTSASSOCIATED WITH THE HOUSING OF SYSTEM EQUIPMENT AND RELATEDCOSTS.
14. “ADMINISTRATIVE COSTS” MEANSPERSONNEL COSTS. TRAINING COSTS. AND HOUSING COSTS.
Section 3. Subdivision 1 of section 303 of thecounty law, as amended by chapter 757 of the laws of 1989, isamended to read as follows:
1. Notwithstanding the provisions of any law tothe contrary, any municipality of this state, acting through itsboard, is hereby authorized and empowered to adopt, amend orrepeal local laws to impose a surcharge in an amount not toexceed thirty-five cents per access line per month on thecustomers of every service supplier within such municipality topay for the costs associated with obtaining and maintaining thetelecommunication equipment and telephone services needed toprovide an enhanced 911 emergency telephone system to serve suchmunicipality. A MUNICIPALITY WITH A POPULATION OF ONE HUNDREDTHOUSAND OR LESS, ACTING THROUGH ITS BOARD. IS HEREBY AUTHORIZEDAND EMPOWERED TO ADOPT. AMEND OR REPEAL LOCAL LAWS TO PAY FOR THEADMINISTRATIVE COSTS WHCH MAY BE NEEDED TO PROVIDE AN ENHANCED911 EMERGENCY TELEPHONE SYSTEM TO SERVE SUCH MUNICIPALITY.
Section 4. Section 307 of the county law, asamended by chapter 757 of the laws of 1989, is amended to read asfollows:
Section 307. System revenues; adjustment ofsurcharge. 1. All surcharge monies remitted to theA municipality WITH A POPULATION IN EXCESS OF ONE HUNDREDTHOUSAND by a service supplier and all other monies dedicatedto the payment of system costs from whatever source derived orreceived by the municipality shall be expended only uponauthorization of the board and only for payment of system costsas permitted by this article. The SUCH municipalityshall separately account for and keep adequate books and recordsof the amount and source of all such revenues and of the amountand object or purpose of all expenditures thereof. If at the endof any fiscal year the total amount of all such revenues exceedsthe amount necessary and expended for payment of system costs insuch fiscal year, such unencumbered cash surplus shall be carriedover for the payment of system costs in the following fiscalyear. However, if at the end of any fiscal year such unencumberedcash surplus exceeds an amount equal to five percent of thatnecessary for the payment of system costs in such fiscal year,the board shall by local law reduce the surcharge for thefollowing fiscal year to a level which more adequately reflectsthe system cost requirements of its E911 system. The board mayalso by local law reestablish or increase such surcharge, subjectto the provisions of section three hundred three of this article,if the revenues generated by such surcharge and by any othersource are not adequate to pay for system costs.
2. ALL SURCHARGE MONIES REMITTED TO AMUNICIPALITY WITH A POPULATION OF ONE HUNDRED THOUSAND OR LESS BYA SERVICE SUPPLIER AND ALL OTHER MONIES DEDICATED TO THE PAYMENTOF SYSTEM AND ADMINISTRATIVE COSTS FROM WHATEVER SOURCE DERIVEDOR RECEIVED BY SUCH MUNICIPALITY SHALL BE EXPENDED ONLY UPONAUTHORIZATION OF THE BOARD AND ONLY FOR PAYMENT OF SYSTEM ANDADMINISTRATIVE COSTS AS AUTHORIZED BY THIS ARTICLE. SUCHMUNICIPALITY SHALL SEPARATELY ACCOUNT FOR AND KEEP ADEQUATE BOOKSAND RECORDS OF THE AMOUNT AND SOURCE OF ALL SUCH REVENUES AND OFTHE AMOUNT AND OBJECT OR PURPOSE OF ALL EXPENDITURES THEREOF. IFAT THE END OF ANY FISCAL YEAR THE TOTAL AMOUNT OF ALL SUCHREVENUES EXCEEDS THE AMOUNT NECESSARY AND EXPENDED FOR PAYMENT OFSYSTEM AND ADMINISTRATIVE COSTS IN SUCH FISCAL YEAR, SUCHUNENCUMBERED CASH SURPLUS SHALL BE CARRIED OVER FOR THE PAYMENTOF SYSTEM AND ADMINISTRATIVE COSTS IN THE FOLLOWING FISCAL YEAR.THE BOARD SHALL BY LOCAL LAW REDUCE THE SURCHARGE FOR THEFOLLOWING FISCAL YEAR TO A LEVEL WHICH MORE ADEQUATELY REFLECTSTHE SYSTEM AND ADMINISTRATIVE COST REQUIREMENTS OF ITS E911
SYSTEM. THE BOARD MAY ALSO BY LOCAL LAWREESTABLISH OR INCREASE SUCH SURCHARGE NOT TO EXCEED THIRTY-FIVECENTS PER ACCESS LINE PER MONTH. SUBJECT TO THE PROVISIONS OFSECTION THREE HUNDRED THREE OF THIS ARTICLE. IF THE REVENUESGENERATED BY SUCH SURCHARGE AND BY ANY OTHER SOURCE ARE NOTADEQUATE TO PAY FOR SYSTEM AND ADMINISTRATIVE COSTS.
Section 5. Subdivision 4 of section 308 of thecounty law, as amended by chapter 757 of the laws of 1989, isamended to read as follows:
4. Costs incurred for personnel needed tooperate an E-911 system, including training and compensationthereof, the housing of system equipment and related costs andall other costs not included within the definition of”system costs” shall be a municipality expense FORCOUNTIES WITH A POPULATION IN EXCESS OF HUNDRED THOUSAND. Section6. This act shall take effect immediately.
WIRELESS LEGISLATION FOR THESTATE OF NEW YORK
NEW YORK 21 9TH GENERALASSEMBLY?SECOND REGULAR SESSION (1996)
SENATE BILL 5206
AN ACT to amend the county law, in relation toenhanced emergency telephone system surcharge for operationalexpenses
THE PEOPLE OF THE STATE OF NEW YORK,REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 300 of the county law, asadded by chapter 756 of the laws of 1989, is amended to read asfollows:
SECTION 300. Legislative findings anddeclaration of intent. The legislature recognizes the paramountimportance of the heath, safety and welfare of the citizens ofthe state and further recognizes that when the lives or propertyof its citizens are in imminent danger that timely andappropriate assistance must be rendered.
The legislature recognizes further that suchassistance is almost always summoned by telephone and that amultiplicity of emergency telephone numbers exist within any onecounty and that unintentional, though avoidable, delays inreaching appropriate emergency aid can and do occur to thedetriment and jeopardy of life and property.
The legislature acknowledges that the threedigit number, 911, is a nationally recognized and appliedtelephone number which may be used to summon emergency aid and toeliminate delays caused by lack of familiarity with emergencynumbers and by understandable confusion in circumstances ofcrisis.
The legislature finds that the enhancedemergency telephone service known as E911 provides substantialbenefits beyond basic 911 systems through the provision ofselective routing and automatic number and locationidentification and that these enhancements not only significantlyreduce the response time of emergency services but also representthe state of the art in fail-safe emergency telephone systemtechnology.
The legislature further finds that a majorobstacle to the establishment of an E911 system in the variouscounties within the state is the Cost of the telecommunicationequipment and services which are necessary to provide suchsystem. THIS IS ESPECIALLY TRUE FOR COUNTIES WITH RELATIVELYSMALL POPULATIONS WHICH ARE NOT LARGE ENOUGH TO SUPPORT THE COSTSASSOCIATED WITH AN E911 SYSTEM.
The legislature further finds and declaresthat, by the enactment of the provisions of this article, it isthe intent of the legislature to fulfill its obligation toprovide for the health, safety and welfare of the people of thisstate by providing counties with a funding mechanism to assist inthe payment of the costs associated with establishing andmaintaining an E911 system and thereby considerably increase thepotential for providing all citizens of this state with thevaluable services inherent in an E911 system.
SECTION 2. Section 301 of the county law isamended by adding four new subdivisions 11, 12, 13 and 14 to readas follows:
11. “PERSONNEL COSTS”. MEANS ALLCOSTS ASSOCIATED WITH THE SALARIES. WAGES. BENEFITS AND OTHERRELATED NEEDS OF PERSONNEL TO OPERATE AND MAINTAIN AN E911SYSTEM.
12. “TRAINING COSTS” MEANS ALLCOSTS ASSOCIATED WITH THE TRAINING OF PERSONNEL WHO OPERATE ANDMAINTAIN AN E911 SYSTEM. SUCH COSTS SHALL INCLUDE. BUT ARE NOTLIMITED TO. THE COSTS OF CERTIFYING AND TRAINING TRAINERS. ANDPURCHASING TRAINING MATERIALS. EQUIPMENT AND SERVICES.
13. “HOUSING COSTS” MEANS FLOORSPACE. HEAT, LIGHT AND POWER. AND OTHER OCCUPANCY COSTSASSOCIATED WITH THE HOUSING OF SYSTEM EQUIPMENT AND RELATEDCOSTS.
14. “ADMINISTRATIVE COSTS” MEANSPERSONNEL COSTS. TRAINING COSTS. AND HOUSING COSTS.
ACTION 3. Subdivision 1 of section 303 of thecounty law, as amended by chapter 757 of the laws of 1989, isamended to read as follows:
1. Notwithstanding the provisions of any law tothe contrary, any municipality of this state, acting through itsboard, is hereby authorized and empowered to adopt, amend orrepeal local laws to impose a surcharge in an amount not toexceed thirty-five cents per access line per month on thecustomers of every service supplier within such municipality topay for the costs associated with obtaining and maintaining thetelecommunication equipment and telephone services needed toprovide an enhanced 911 emergency telephone system to serve suchmunicipality. A MUNICIPALITY WITH A POPULATION OF ONE HUNDREDTHOUSAND OR LESS. ACTING THROUGH ITS BOARD. IS HEREBY AUTHORIZEDAND EMPOWERED TO ADOPT. AMEND OR REPEAL LOCAL LAWS TO PAY FOR THEADMINISTRATIVE COSTS WHICH MAY BE NEEDED TO PROVIDE AN ENHANCED911 EMERGENCY TELEPHONE SYSTEM TO SERVE SUCH MUNICIPALITY.
SECTION 4. Section 307 of the county law, asamended by chapter 757 of the laws of 1989, is amended to read asfollows:
SECTION 307. System revenues; adjustment ofsurcharge. 1. All surcharge monies remitted to theA municipality WITH A POPULATION IN EXCESS OF ONEHUNDRED THOUSAND by a service supplier and all other moniesdedicated to the payment of system costs from whatever sourcederived or received by the municipality shall he expended onlyupon authorization of the board and only for payment of systemcosts as permitted by this article. SUCH municipalityshall separately account for and keep adequate books and recordsof the amount and source of all such revenues and of the amountand object or purpose of all expenditures thereof. If at the endof any fiscal year the total amount of all such revenues exceedsthe amount necessary and expended for payment of system costs insuch fiscal year, such unencumbered cash surplus shall be carriedover for the payment of system costs in the following fiscalyear. However, if at the end of any fiscal year such unencumberedcash surplus exceeds an amount equal to five percent of thatnecessary for the payment of system costs in such fiscal year,the board shall by local law reduce the surcharge for thefollowing fiscal year to a level which more adequately reflectsthe system cost requirements of its E911 system. The board mayalso by local law reestablish or increase such surcharge, subjectto the provisions of section three hundred three of this article,if the revenues generated by such surcharge and by any othersource are not adequate to pay for system costs.
2. ALL SURCHARGE MONIES REMITTED TO AMUNICIPALITY WITH A POPULATION OF ONE HUNDRED THOUSAND OR LESS BYA SERVICE SUPPLIER AND ALL OTHER MONIES DEDICATED TO THE PAYMENTOF SYSTEM AND ADMINISTRATIVE COSTS FROM WHATEVER SOURCE DERIVEDOR RECEIVED BY SUCH MUNICIPALITY SHALL BE EXPENDED ONLY UPONAUTHORIZATION OF THE BOARD AND ONLY FOR PAYMENT OF SYSTEM ANDADMINISTRATIVE COSTS AS AUTHORIZED BY THIS ARTICLE. SUCHMUNICIPALITY SHALL SEPARATELY ACCOUNT FOR AND KEEP ADEQUATE BOOKSAND RECORDS OF THE AMOUNT AND SOURCE OF ALL SUCH REVENUES AND OFTHE AMOUNT AND OBJECT OR PURPOSE OF ALL EXPENDITURES THEREOF. IFAT THE END OF ANY FISCAL YEAR THE TOTAL AMOUNT OF ALL SUCHREVENUES EXCEEDS THE AMOUNT NECESSARY AND EXPENDED FOR PAYMENT OFSYSTEM AND ADMINISTRATIVE COSTS IN SUCH FISCAL YEAR. SUCHUNENCUMBERED CASH SURPLUS SHALL BE CARRIED OVER FOR THE PAYMENTOF SYSTEM AND ADMINISTRATIVE COSTS IN THE FOLLOWING FISCAL YEAR.THE BOARD SHALL BY LOCAL LAW REDUCE THE SURCHARGE FOR THEFOLLOWING FISCAL YEAR TO A LEVEL WHICH MOREADEQUATELY REFLECTS THE SYSTEM AND ADMINISTRATIVE COSTREQUIREMENTS OF ITS E911 SYSTEM. THE BOARD MAY ALSO BY LOCAL LAWREESTABLISH OR
INCREASE SUCH SURCHARGE NOT TO EXCEEDTHIRTY-FIVE CENTS PER ACCESS LINE PER MONTH. SUBJECT TO THEPROVISIONS OF SECTION THREE HUNDRED THREE OF THIS ARTICLE. IF THEREVENUES GENERATED BY SUCH SURCHARGE AND BY ANY OTHER SOURCE ARENOT ADEQUATE TO PAY FOR SYSTEM AND ADMINISTRATIVE COSTS.
SECTION 5. Subdivision 4 of section 308 of thecounty law, as amended by chapter 757 of the laws of 1989, isamended to read as follows:
4. Costs incurred for personnel needed tooperate an E911 system, including training and compensationthereof, the housing of system equipment and related costs andall other costs not included within the definition of”system costs” shall be a municipality expense FORCOUNTIES WITH A POPULATION IN EXCESS OF ONE HUNDRED THOUSAND .
SECTION 6. This act shall take effectimmediately.
WIRELESS LEGISLATION FOR THESTATE OF NEW YORK
ASSEMBLY BILL 3203
STATE OF NEW YORK
1997-1998 REGULAR SESSIONS
IN ASSEMBLY
JANUARY30, 1997
AN ACT to amend the county law, in relation tothe cellular telephone surcharge
THE PEOPLE OF THE STATE OF NEW YORK,REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 309 of the county law, asadded by chapter 166 of the laws of 1991 and subdivisions 2 and 3as amended by chapter 393 of the laws of 1992, is amended to readas follows:
SECTION 309. Cellular telephone surcharge. 1.Notwithstanding any provision of law to the contrary, there shallbe imposed a surcharge of seventy cents per month on cellulartelephone service in New York state. The surcharge shall beimposed on all cellular telephones and shall be reflected andmade payable on bills rendered for cellular telephone servicewithin New York state.
2. Each cellular telephone service suppliershall collect the surcharges imposed by subdivision one of thissection and shall remit the funds collected as the surcharge oncellular telephone service to the division of state police on aquarterly basis; PROVIDED THAT FOR CELLULAR TELEPHONE SERVICEBILLED TO AN ADDRESS IN ANY COUNTY THAT OPERATES A CELLULARTELEPHONE PUBLIC SERVICE ANSWERING POINT AND WHERE THE STATEPOLICE DOES NOT OPERATE A CELLULAR TELEPHONE PUBLIC SERVICEANSWERING POINT SERVING THAT COUNTY. THE MONIES SHALL BE REMITTEDTO THE CHIEF FISCAL OFFICER OF SUCH COUNTY QUARTERLY TO PAY FORTHEIR SYSTEM COSTS. The cellular telephone service suppliershall be entitled to retain as an administrative fee an amountequal to two percent of its collections of the surcharge pursuantto this section. However, the cellular telephone service suppliershall have no legal obligation to enforce the collection of anysurcharge.
3. Notwithstanding any provision of law to thecontrary, all surcharge monies remitted to the division of statepolice pursuant to this section shall be deposited to the seizedassets account of the miscellaneous special revenue fund forpayment of division of state police costs related to statewideoperation of a cellular 911 emergency telecommunications system.
4. The state of New York and,any municipality participating with the New York state divisionof state police in the provision of cellular 911 emergencyservices, AND ANY PUBLIC SAFETY AGENCY OPERATING A CELLULARTELEPHONE PUBLIC SERVICE ANSWERING POINT, shall be exemptfrom any surcharge imposed under this section.
SECTION 2. This act shall take effect on thefirst day of January next succeeding the date on which it shallhave become a law.
WIRELESS LEGISLATION FOR THESTATE OF NEW YORK
NEW YORK 220TH ANNUALLEGISLATIVE SESSION
SENATE
BILL 3207
AN ACT to amend the county law, in relation tothe cellular telephone surcharge
THE PEOPLE OF THE STATE OF NEW YORK,REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 309 of the county law, asadded by chapter 166 of the laws of 1991 and subdivisions 2 and 3as amended by chapter 393 of the laws of 1992, is amended to readas follows:
SECTION 309. Cellular telephone surcharge. 1.Notwithstanding any provision of law to the contrary, there shallbe imposed a surcharge of seventy cents per month on cellulartelephone service in New York state. The surcharge shall beimposed on all cellular telephones and shall be reflected andmade payable on bills rendered for cellular telephone servicewithin New York state.
2. Each cellular telephone service suppliershall collect the surcharges imposed by subdivision one of thissection and shall remit the funds collected as the surcharge oncellular telephone service to the division of state police on aquarterly basis; PROVIDED THAT FOR CELLULAR TELEPHONE SERVICEBILLED TO AN ADDRESS IN ANY COUNTY THAT OPERATES A CELLULARTELEPHONE PUBLIC SERVICE ANSWERING POINT AND WHERE THE STATEPOLICE DOES NOT OPERATE A CELLULAR TELEPHONE PUBLIC SERVICEANSWERING POINT SERVING THAT COUNTY. THE MONIES SHALL BE REMITTEDTO THE CHIEF FISCAL OFFICER OF SUCH COUNTY QUARTERLY TO PAY FORTHEIR SYSTEM COSTS. The cellular telephone service suppliershall be entitled to retain as an administrative fee an amountequal to two percent of its collections of the surcharge pursuantto this section. However, the cellular telephone service suppliershall have no legal obligation to enforce the collection of anysurcharge.
3. Notwithstanding any provision of law to thecontrary, all surcharge monies remitted to the division of statepolice pursuant to this section shall be deposited to the seizedassets account of the miscellaneous special revenue fund forpayment of division of state police costs related to statewideoperation of a cellular 911 emergency telecommunications system.
4. The state of New York andany municipality participating with the New York state divisionof state police in the provision of cellular 911 emergencyservices, AND ANY PUBLIC SAFETY AGENCY OPERATING A CELLULARTELEPHONE PUBLIC SERVICE ANSWERING POINT, shall be exemptfrom any surcharge imposed under this section.
SECTION 2. This act shall take effect on thefirst day of January next succeeding the date on which it shallhave become a law.