Senate Bill S1919

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1919
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sen. RITCHIE -- 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  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:
   §  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.
   3. (A) EACH WIRELESS COMMUNICATIONS SERVICE  SUPPLIER  SERVING  OSWEGO
 COUNTY  SHALL ACT AS COLLECTION AGENT FOR THE COUNTY AND SHALL REMIT THE
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07614-01-7

 S. 1919                             2
 
 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.
   § 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.