Senate Bill S2807

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

                                  2807

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 3, 2009
                               ___________

Introduced  by  Sen. MORAHAN -- 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 authorizing the county of
  Rockland to establish a surcharge on wireless communications

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The county law is amended by adding a new section 308-w to
read as follows:
  S 308-W. ESTABLISHMENT OF WIRELESS SURCHARGES FOR THE COUNTY OF  ROCK-
LAND.  1. NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE
COUNTY OF ROCKLAND, ACTING  THROUGH  ITS  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  WIRE-
LESS  COMMUNICATIONS  SERVICE  IN  THE COUNTY OF ROCKLAND. 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 PRIMARI-
LY OCCURS, WHICH ADDRESS MUST BE: (A) 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.
  ALL SURCHARGE MONIES REMITTED TO THE COUNTY OF ROCKLAND SHALL BE  USED
TO  PAY  FOR  COSTS ASSOCIATED WITH THE DESIGN, CONSTRUCTION, OPERATION,
MAINTENANCE, AND ADMINISTRATION OF PUBLIC SAFETY COMMUNICATIONS NETWORKS
SERVING SUCH COUNTY.
  2. ANY LOCAL LAW ADOPTED PURSUANT TO  THIS  SECTION  SHALL  STATE  THE
AMOUNT  OF  THE  SURCHARGE  AND  THE DATE ON WHICH THE WIRELESS COMMUNI-
CATIONS SERVICE SUPPLIER SHALL BEGIN TO ADD SUCH SURCHARGE TO THE  BILL-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07516-02-9
              

S. 2807                             2

INGS  OF  ITS  CUSTOMERS.  ANY  WIRELESS COMMUNICATIONS SERVICE SUPPLIER
WITHIN THE COUNTY OF ROCKLAND 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 THE COUN-
TY  OF  ROCKLAND  SHALL ACT AS COLLECTION AGENT FOR THE COUNTY AND SHALL
REMIT THE FUNDS COLLECTED PURSUANT TO  A  SURCHARGE  IMPOSED  UNDER  THE
PROVISIONS  OF THIS SECTION TO THE CHIEF FISCAL OFFICER OF THE COUNTY OF
ROCKLAND 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  COMMUNI-
CATIONS  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 SUCH COUNTY FOR THE
SURCHARGE UNTIL IT HAS BEEN PAID TO THE COUNTY OF ROCKLAND  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  WIRE-
LESS  COMMUNICATIONS  SERVICE SUPPLIER REMITS THE FUNDS COLLECTED TO THE
COUNTY OF ROCKLAND, IT SHALL ALSO PROVIDE THE COUNTY  OF  ROCKLAND  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 THE COUNTY OF ROCKLAND AN ACCOUNT OF  THE  SURCHARGE  AMOUNTS
BILLED AND COLLECTED.
  4.  ALL SURCHARGE MONIES REMITTED TO THE COUNTY OF ROCKLAND BY A WIRE-
LESS COMMUNICATIONS SERVICE SUPPLIER SHALL BE EXPENDED ONLY UPON AUTHOR-
IZATION OF THE LEGISLATIVE BODY AND ONLY FOR PAYMENT OF SYSTEM COSTS  OR
OTHER COSTS ASSOCIATED WITH THE DESIGN, CONSTRUCTION, OPERATION, MAINTE-
NANCE, AND ADMINISTRATION OF PUBLIC SAFETY COMMUNICATIONS NETWORKS SERV-
ING SUCH COUNTY. THE COUNTY OF ROCKLAND 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 THER-
EOF. 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.
  S 2. This act shall take effect immediately.