Senate Bill S4026

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

                                  4026

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 7, 2009
                               ___________

Introduced  by  Sen.  FOLEY  -- 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
  Suffolk to establish a wireless surcharge

  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-x to
read as follows:
  S 308-X. ESTABLISHMENT OF COUNTY OF  SUFFOLK  WIRELESS  SURCHARGE.  1.
NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE COUNTY OF
SUFFOLK,  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 THE  COUNTY  OF  SUFFOLK.  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.
  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 SUFFOLK 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10414-02-9

              

S. 4026                             2

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  SUFFOLK  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
SUFFOLK 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 SUFFOLK
FOR THE SURCHARGE UNTIL IT HAS BEEN PAID TO THE COUNTY OF SUFFOLK 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 SUFFOLK, IT SHALL ALSO PROVIDE THE COUNTY OF SUFFOLK 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 SUFFOLK AN ACCOUNTING OF THE SURCHARGE  AMOUNTS
BILLED AND COLLECTED.
  4.  ALL  SURCHARGE MONIES REMITTED TO THE COUNTY OF SUFFOLK BY A WIRE-
LESS COMMUNICATIONS SERVICE SUPPLIER SHALL BE EXPENDED ONLY UPON AUTHOR-
IZATION 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 SUFFOLK
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; provided,  however,  that
the  provisions  of subdivision 1 of section 308-x 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
308-x; provided further, that a wireless service supplier may treat  the
address  used  by such supplier for any wireless communications customer
under a service contact or agreement in effect on the effective date  of
the  local  law imposing such surcharge, as that wireless 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  determining  the  taxing
jurisdiction with respect to taxes on wireless communications service.