2013 New York Consolidated Laws
CNT - County
Article 6 - (300 - 308-X) ENHANCED EMERGENCY TELEPHONE SYSTEM SURCHARGE
308-Q*3 - Establishment of county of Franklin wireless surcharge.

 
    * §  308-q. Establishment of county of Franklin wireless surcharge. 1.
  Notwithstanding the provisions of any law to the contrary, the county of
  Franklin, acting through its 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 Franklin. 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
  communications service supplier shall begin to add such surcharge to the
  billings of its customers. Any wireless communications service  supplier
  within  the county of Franklin 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 Franklin 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 Franklin 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 the county of Franklin
  for  the  surcharge  until  it  has  been paid to the county of Franklin
  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 Franklin, it shall also provide  the  county  of  Franklin
  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 Franklin an accounting of the surcharge amounts
  billed and collected.
    4. All surcharge monies remitted  to  the  county  of  Franklin  by  a
  wireless  communications  service  supplier  shall be expended only upon
  authorization of the 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

  Franklin  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 3 § 308-q's