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| County Lawmakers Approve Wireless Surcharge; What Does it Mean? 07/06/17 12:30pm |
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4-2017, entitled "The County of Lewis Local Law Providing for the Establishment of Wireless Communications Surcharges Pursuant to The Authority of Tax Law 186-g", at their regular monthly meeting last evening. The board, by a vote of 9-0- with Legislator Andrea Moroughan excused from the meeting, adopted the new law, which will take effect on December 1, 2017. A public hearing was held prior to the vote. After posting the announcement for the public hearing on our website yesterday, it became evident there was a lot of confusion surrounding the law. We wanted to clarify, as best as possible, the reasoning behind enacting the new law and what it ultimately means to residents of Lewis County. With recent advances in technology, it has become increasingly expensive (but necessary) for 9-1-1 call centers to accommodate the expanding needs of callers, and to use the latest information systems for rapid emergency response, according to information from the New York State Association of Counties (NYSAC). According to the Association of Public Safety Communications Officials International (APCO), the oldest and most common form of funding for 9-1-1 services is a surcharge on telephone subscribers within a designated service area. The fee is collected by the telephone service provider, who then remits it to the State. New York State has the following three different surcharges in place to pay for 9-1-1, according to NYSAC. 1. State 9-1-1 surcharge Identified on today’s cell phone bills as the Public Safety Surcharge, a $1.20 fee is imposed on each contract cellphone device. At the inception of this surcharge, the legislative intent was for revenues to cover all costs associated with providing 9-1-1 services and operating Public Safety Answering Points (PSAPs). The first such revenue source was created in 1989. Since then, the name of the fee has changed, the amount of the fee increased, and the appropriated uses of funds collected changed. The fee is now known as the “Public Safety Surcharge”. Under Section 186-f of the NYS Tax Law, $.50 of this $1.20 goes to the State’s General Fund, and isn’t dedicated to public safety. The remaining $.70 goes to a variety of public safety programs, including state agencies, to supplant General Fund appropriations. Since 2003, surcharge revenues have nearly tripled, from $66 million to over $187 million in 2013. 2. Landline surcharge for Enhanced 9-1-1 The Public Service Commission (PSC) authorizes the imposition of a $.35 charge per access line per month on landline phones. The authority for this surcharge was established in the County Law § 308 and § 309. This surcharge is imposed at local option. According to the DPS, the purpose of the fee is to pay for the cost of enhanced 9-1-1 systems. The City of New York, Tompkins County and Onondaga County are authorized to impose a monthly charge of up to $1.00. This fee is collected by the service provider through customer billing. 3. Local 9-1-1 surcharge Counties in New York State can implement a surcharge up to $.30 on wireless phones in their county at local option. This local authority is permitted only with State legislative approval, as authorized under Article 6 of the County Law, “Enhanced Emergency Telephone System Surcharge.” As of 2013, all but the following 8 counties have this local surcharge: Hamilton, Jefferson, Lewis, Niagara, Oneida, Oswego, Schoharie, and St. Lawrence. This $.30 surcharge, along with the $.35 tariff described above, is the only funding that goes directly to financing 9-1-1 centers in New York State. Counties can use this revenue more broadly than the Statewide Public Safety Surcharge funds. The new law falls into category number three above, with the State Legislature approving in April the eight counties listed above to begin collecting the surcharge if they wanted to do so. With the use of landline phones on the decline and wireless communications taking over the majority of phone use, the law is keeping up with the times by imposing a surcharge on all phone lines. The revenue from the $.35 landline surcharge has declined by roughly 1/3 over the past few years in Lewis County. Adding the surcharge to wireless lines will ensure the funds needed to maintain the county's wireless E-9-1-1 system. What Devices Will Be Subject to the Surcharge? Any wireless communications services provided to a customer with a place of primary use within Lewis County. Basically, any device with a phone number assigned to it will be subject to the $.30 surcharge each month. Tablets and other devices that do not have a phone number would not be subject to the surcharge. The retail sale of prepaid wireless services sold in the county will also be subject to the surcharge, at a rate of $.30 per transaction. When Will the Surcharge Begin Showing on My Bill? Wireless communications service providers and prepaid service sellers will begin collecting the surcharge starting December 1, 2017. What Will the Funds Be Used For? The imposition of surcharges on wireless communications devices in Lewis County shall be used to finance the costs associated with the design, construction, maintenance and administration of the County's E-9-1-1 system to better serve the residents of Lewis County. This can include software, hardware, consultants and other acquisition costs. The County shall separately account for and keep adequate books and records of the amount and object or purpose of all monies collected through the surcharge. |
