Assembly Bill A9876

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

                                  9876

                          I N  A S S E M B L Y

                            February 5, 2010
                               ___________

Introduced by M. of A. RUSSELL -- Multi-Sponsored by -- M. of A. SCOZZA-
  FAVA -- read once and referred to the Committee on Local Governments

AN  ACT  to amend the county law, in relation to establishing a wireless
  surcharge for St. Lawrence county

  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-y to
read as follows:
  S 308-Y. ESTABLISHMENT OF COUNTY OF ST. LAWRENCE  WIRELESS  SURCHARGE.
1.  NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE COUN-
TY OF ST. LAWRENCE, 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  THE  COUNTY  OF ST. LAWRENCE. 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 REPRESEN-
TATIVE OF WHERE  THE  CUSTOMER'S  USE  OF  THE  WIRELESS  COMMUNICATIONS
SERVICE  PRIMARILY 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.
  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-
INGS  OF  ITS  CUSTOMERS.  ANY  WIRELESS COMMUNICATIONS SERVICE SUPPLIER
WITHIN THE COUNTY OF ST. LAWRENCE 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15729-01-0
              

A. 9876                             2

  3. (A) EACH WIRELESS COMMUNICATIONS SERVICE SUPPLIER SERVING THE COUN-
TY OF ST. LAWRENCE 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  ST. LAWRENCE 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  THE  COUNTY  OF  ST.
LAWRENCE  FOR  THE SURCHARGE UNTIL IT HAS BEEN PAID TO THE COUNTY OF ST.
LAWRENCE 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 ST. LAWRENCE, IT SHALL ALSO PROVIDE THE COUNTY OF ST. LAWRENCE
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 ST. LAWRENCE AN ACCOUNTING OF THE SURCHARGE
AMOUNTS BILLED AND COLLECTED.
  4. ALL SURCHARGE MONIES REMITTED TO THE COUNTY OF ST.  LAWRENCE  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 ST.
LAWRENCE 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.
  S 2. This act shall take effect immediately.