2013 New York Consolidated Laws
CNT - County
Article 6 - (300 - 308-X) ENHANCED EMERGENCY TELEPHONE SYSTEM SURCHARGE
308-A*15 - Establishment of county of Wayne wireless surcharge.

 
    * §  308-a.  Establishment  of  county of Wayne wireless surcharge. 1.
  Notwithstanding the provisions of any law to the contrary, the county of
  Wayne 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 Wayne. 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) 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
  communications service supplier shall begin to add such surcharge to the
  billings of its customers. Any wireless communications service  supplier
  within the county of Wayne 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 the
  county of Wayne 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
  Wayne  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
  communications 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 such  county  for  the
  surcharge  until  it  has  been  paid to the county of Wayne 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
  wireless communications service supplier remits the funds  collected  to
  the  county of Wayne, it shall also provide the county of Wayne 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 Wayne an accounting of the surcharge amounts
  billed and collected.
    4. All surcharge monies remitted to the county of Wayne by a  wireless
  communications   service   supplier   shall   be   expended   only  upon
  authorization of the local county legislative body and only for  payment
  of system costs or other costs associated with the design, construction,
  operation,    maintenance,   and   administration   of   public   safety

  communications networks serving such county. The county of  Wayne  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.
    * NB There are 19 § 308-a's