Bill Text: NY S05200 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to communication service surcharges applied to the county of Oswego.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO LOCAL GOVERNMENT [S05200 Detail]

Download: New_York-2015-S05200-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5200--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      May 7, 2015
                                      ___________
       Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
         printed to be committed  to  the  Committee  on  Local  Government  --
         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:
    1    Section 1. The county law is amended by adding a new  section  309  to
    2  read as follows:
    3    S  309.  ESTABLISHMENT  OF  COUNTY  OF  OSWEGO  WIRELESS SURCHARGE. 1.
    4  NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE COUNTY OF
    5  OSWEGO, ACTING THROUGH ITS LOCAL  COUNTY  LEGISLATIVE  BODY,  IS  HEREBY
    6  AUTHORIZED  AND EMPOWERED TO ADOPT, AMEND OR REPEAL LOCAL LAWS TO IMPOSE
    7  A SURCHARGE IN AN AMOUNT NOT TO EXCEED THIRTY CENTS PER MONTH  ON  WIRE-
    8  LESS  COMMUNICATIONS  SERVICE  IN  OSWEGO COUNTY. THE SURCHARGE SHALL BE
    9  IMPOSED ON EACH WIRELESS COMMUNICATIONS DEVICE AND  SHALL  BE  REFLECTED
   10  AND  MADE  PAYABLE ON BILLS RENDERED FOR WIRELESS COMMUNICATIONS SERVICE
   11  THAT IS PROVIDED TO A CUSTOMER WHOSE PLACE OF PRIMARY USE IS WITHIN  THE
   12  COUNTY.  FOR  PURPOSES  OF THIS SECTION, THE TERM "PLACE OF PRIMARY USE"
   13  SHALL MEAN THE STREET  ADDRESS  THAT  IS  REPRESENTATIVE  OF  WHERE  THE
   14  CUSTOMER'S  USE OF THE WIRELESS COMMUNICATIONS SERVICE PRIMARILY OCCURS,
   15  WHICH ADDRESS MUST BE: (A) THE RESIDENTIAL STREET ADDRESS OR THE PRIMARY
   16  BUSINESS STREET ADDRESS OF THE CUSTOMER; AND  (B)  WITHIN  THE  LICENSED
   17  SERVICE AREA OF THE WIRELESS COMMUNICATIONS SERVICE SUPPLIER.
   18    2.  ANY  LOCAL  LAW  ADOPTED  PURSUANT TO THIS SECTION SHALL STATE THE
   19  AMOUNT OF THE SURCHARGE AND THE DATE  ON  WHICH  THE  WIRELESS  COMMUNI-
   20  CATIONS  SERVICE SUPPLIER SHALL BEGIN TO ADD SUCH SURCHARGE TO THE BILL-
   21  INGS OF ITS CUSTOMERS.  ANY  WIRELESS  COMMUNICATIONS  SERVICE  SUPPLIER
   22  WITHIN  OSWEGO  COUNTY  WHICH  HAS  IMPOSED  A SURCHARGE PURSUANT TO THE
   23  PROVISIONS OF THIS SECTION SHALL BE GIVEN A MINIMUM OF  FORTY-FIVE  DAYS
   24  WRITTEN NOTICE PRIOR TO THE DATE IT SHALL BEGIN TO ADD SUCH SURCHARGE TO
   25  THE  BILLINGS OF ITS CUSTOMERS OR PRIOR TO ANY MODIFICATION TO OR CHANGE
   26  IN THE SURCHARGE AMOUNT.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10480-02-5
       S. 5200--A                          2
    1    3. (A) EACH WIRELESS COMMUNICATIONS SERVICE  SUPPLIER  SERVING  OSWEGO
    2  COUNTY  SHALL ACT AS COLLECTION AGENT FOR THE COUNTY AND SHALL REMIT THE
    3  FUNDS COLLECTED PURSUANT TO A SURCHARGE IMPOSED UNDER THE PROVISIONS  OF
    4  THIS  SECTION  TO THE CHIEF FISCAL OFFICER OF OSWEGO COUNTY EVERY MONTH.
    5  SUCH  FUNDS  SHALL  BE REMITTED NO LATER THAN THIRTY DAYS AFTER THE LAST
    6  BUSINESS DAY OF THE MONTH.
    7    (B) EACH WIRELESS COMMUNICATIONS SERVICE SUPPLIER SHALL BE ENTITLED TO
    8  RETAIN, AS AN ADMINISTRATIVE FEE, AN AMOUNT EQUAL TO TWO PERCENT OF  ITS
    9  COLLECTIONS OF A SURCHARGE IMPOSED UNDER THE PROVISIONS OF THIS SECTION.
   10    (C)  ANY  SURCHARGE  REQUIRED  TO  BE COLLECTED BY A WIRELESS COMMUNI-
   11  CATIONS SERVICE SUPPLIER SHALL BE ADDED TO AND STATED SEPARATELY IN  ITS
   12  BILLINGS TO CUSTOMERS.
   13    (D)  EACH  WIRELESS  COMMUNICATIONS SERVICE CUSTOMER WHO IS SUBJECT TO
   14  THE PROVISIONS OF THIS SECTION SHALL BE LIABLE TO OSWEGO COUNTY FOR  THE
   15  SURCHARGE UNTIL IT HAS BEEN PAID TO OSWEGO COUNTY EXCEPT THAT PAYMENT TO
   16  A  WIRELESS COMMUNICATIONS SERVICE SUPPLIER IS SUFFICIENT TO RELIEVE THE
   17  CUSTOMER FROM FURTHER LIABILITY FOR SUCH SURCHARGE.
   18    (E) NO WIRELESS COMMUNICATIONS SERVICE SUPPLIER  SHALL  HAVE  A  LEGAL
   19  OBLIGATION  TO ENFORCE THE COLLECTION OF ANY SURCHARGE IMPOSED UNDER THE
   20  PROVISIONS OF THIS SECTION, PROVIDED, HOWEVER, THAT WHENEVER  THE  WIRE-
   21  LESS COMMUNICATIONS SERVICE SUPPLIER REMITS THE FUNDS COLLECTED TO OSWE-
   22  GO COUNTY, IT SHALL ALSO PROVIDE OSWEGO COUNTY WITH THE NAME AND ADDRESS
   23  OF ANY CUSTOMER REFUSING OR FAILING TO PAY A SURCHARGE IMPOSED UNDER THE
   24  PROVISIONS  OF THIS SECTION AND SHALL STATE THE AMOUNT OF SUCH SURCHARGE
   25  REMAINING UNPAID.
   26    (F) EACH  WIRELESS  COMMUNICATIONS  SERVICE  SUPPLIER  SHALL  ANNUALLY
   27  PROVIDE  TO  OSWEGO COUNTY AN ACCOUNTING OF THE SURCHARGE AMOUNTS BILLED
   28  AND COLLECTED.
   29    4. ALL SURCHARGE MONIES REMITTED TO OSWEGO COUNTY BY A WIRELESS COMMU-
   30  NICATIONS SERVICE SUPPLIER SHALL BE EXPENDED ONLY UPON AUTHORIZATION  OF
   31  THE LOCAL COUNTY LEGISLATIVE BODY AND ONLY FOR PAYMENT OF ELIGIBLE WIRE-
   32  LESS  911  SERVICE  COSTS  AS  DEFINED IN SUBDIVISION SIXTEEN OF SECTION
   33  THREE HUNDRED TWENTY-FIVE OF THIS CHAPTER. THE COUNTY  OF  OSWEGO  SHALL
   34  SEPARATELY ACCOUNT FOR AND KEEP ADEQUATE BOOKS AND RECORDS OF THE AMOUNT
   35  AND SOURCE OF ALL SUCH MONIES AND OF THE AMOUNT AND OBJECT OR PURPOSE OF
   36  ALL  EXPENDITURES  THEREOF. IF, AT THE END OF ANY FISCAL YEAR, THE TOTAL
   37  AMOUNT OF ALL SUCH MONIES EXCEEDS THE AMOUNT NECESSARY  FOR  PAYMENT  OF
   38  THE  ABOVE  MENTIONED  COSTS  IN  SUCH FISCAL YEAR, SUCH EXCESS SHALL BE
   39  RESERVED AND CARRIED OVER FOR THE PAYMENT OF THOSE COSTS IN THE  FOLLOW-
   40  ING FISCAL YEAR.
   41    S  2.  This act shall take effect immediately, provided, however, that
   42  the provisions of subdivision 1 of section 309 of  the  county  law,  as
   43  added  by section one of this act shall apply to bills rendered to wire-
   44  less communications  service  customers  by  a  wireless  communications
   45  service  supplier  on  and  after  the  expiration  of the notice period
   46  required pursuant to the provisions of subdivision  2  of  such  section
   47  309;  provided  further, that a wireless communications service supplier
   48  may treat the address used by such supplier for  any  wireless  communi-
   49  cations  customer under a service contract or agreement in effect on the
   50  effective date of the local law imposing such surcharge, as  that  wire-
   51  less  communications  customer's  place of primary use for the remaining
   52  term of such service contract or agreement, excluding any  extension  or
   53  renewal of such service contract or agreement, for purposes of determin-
   54  ing  the  taxing jurisdiction with respect to taxes on wireless communi-
   55  cations service.