State Codes and Statutes

Statutes > New-york > Cnt > Article-6 > 308-a-8

* §  308-a.  Establishment  of county of Ulster wireless surcharge. 1.  Notwithstanding the provisions of any law to the contrary, the county of  Ulster 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 Ulster. 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 Ulster 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 Ulster 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  Ulster  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 Ulster 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  Ulster, it shall also provide the county of Ulster 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 Ulster an accounting of the surcharge amounts  billed and collected.    4. All surcharge monies remitted to the county of Ulster 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    safetycommunications  networks serving such county. The county of Ulster 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

State Codes and Statutes

Statutes > New-york > Cnt > Article-6 > 308-a-8

* §  308-a.  Establishment  of county of Ulster wireless surcharge. 1.  Notwithstanding the provisions of any law to the contrary, the county of  Ulster 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 Ulster. 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 Ulster 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 Ulster 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  Ulster  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 Ulster 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  Ulster, it shall also provide the county of Ulster 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 Ulster an accounting of the surcharge amounts  billed and collected.    4. All surcharge monies remitted to the county of Ulster 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    safetycommunications  networks serving such county. The county of Ulster 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

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cnt > Article-6 > 308-a-8

* §  308-a.  Establishment  of county of Ulster wireless surcharge. 1.  Notwithstanding the provisions of any law to the contrary, the county of  Ulster 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 Ulster. 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 Ulster 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 Ulster 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  Ulster  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 Ulster 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  Ulster, it shall also provide the county of Ulster 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 Ulster an accounting of the surcharge amounts  billed and collected.    4. All surcharge monies remitted to the county of Ulster 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    safetycommunications  networks serving such county. The county of Ulster 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