S T A T E   O F   N E W   Y O R K
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                                 7827--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 28, 2015
                               ___________

Introduced  by  M.  of A. BARCLAY, OAKS -- read once and referred to the
  Committee on Local Governments -- committee discharged, bill  amended,
  ordered reprinted as amended and recommitted to said committee

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  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  county law is amended by adding a new section 309 to
read as follows:
  S 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 WIRE-
LESS 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 COMMUNI-
CATIONS SERVICE SUPPLIER SHALL BEGIN TO ADD SUCH SURCHARGE TO THE  BILL-
INGS  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD10480-03-5

A. 7827--A                          2

  3.  (A)  EACH  WIRELESS COMMUNICATIONS SERVICE SUPPLIER SERVING OSWEGO
COUNTY 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 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 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 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  WIRE-
LESS COMMUNICATIONS SERVICE SUPPLIER REMITS THE FUNDS COLLECTED TO OSWE-
GO 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 COMMU-
NICATIONS SERVICE SUPPLIER SHALL BE EXPENDED ONLY UPON AUTHORIZATION  OF
THE LOCAL COUNTY LEGISLATIVE BODY AND ONLY FOR PAYMENT OF ELIGIBLE WIRE-
LESS  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  FOLLOW-
ING FISCAL YEAR.
  S  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 wire-
less 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  communi-
cations  customer under a service contract or agreement in effect on the
effective date of the local law imposing such surcharge, as  that  wire-
less  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 determin-
ing  the  taxing jurisdiction with respect to taxes on wireless communi-
cations service.