2016 New York Laws
CNT - County
Article 6 - (County) ENHANCED EMERGENCY TELEPHONE SYSTEM SURCHARGE
308-T*2 - Establishment of county of Schenectady wireless surcharge.

*   308-t. Establishment of county of Schenectady wireless surcharge.
  1.   Notwithstanding the provisions of any  law  to  the  contrary,  the
  county of Schenectady, 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 Schenectady. 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 Schenectady 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 Schenectady 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 Schenectady 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
  Schenectady for the surcharge until it has been paid to  the  county  of
  Schenectady  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  Schenectady,  it  shall  also  provide  the  county  of
  Schenectady 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  Schenectady an accounting of the surcharge
  amounts billed and collected.
4. All surcharge monies remitted to the county  of  Schenectady  by  a
  wireless  communications  service  supplier  shall be expended only upon
  authorization 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
  Schenectady 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 2  308-t's