State Codes and Statutes

Statutes > New-york > Cnt > Article-6 > 308-u

* §  308-u.  Establishment of county of Orleans wireless surcharge. 1.  Notwithstanding the provisions of any law to the contrary, the county of  Orleans, 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 Orleans. 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 Orleans 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 Orleans 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  Orleans 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 Orleans  for the surcharge until it has been paid to the county of Orleans 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 Orleans, it shall also provide the county of Orleans  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 Orleans an accounting of the surcharge  amounts  billed and collected.    4.  All  surcharge  monies  remitted  to  the  county  of Orleans 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  ofOrleans 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-u's

State Codes and Statutes

Statutes > New-york > Cnt > Article-6 > 308-u

* §  308-u.  Establishment of county of Orleans wireless surcharge. 1.  Notwithstanding the provisions of any law to the contrary, the county of  Orleans, 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 Orleans. 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 Orleans 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 Orleans 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  Orleans 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 Orleans  for the surcharge until it has been paid to the county of Orleans 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 Orleans, it shall also provide the county of Orleans  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 Orleans an accounting of the surcharge  amounts  billed and collected.    4.  All  surcharge  monies  remitted  to  the  county  of Orleans 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  ofOrleans 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-u's

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cnt > Article-6 > 308-u

* §  308-u.  Establishment of county of Orleans wireless surcharge. 1.  Notwithstanding the provisions of any law to the contrary, the county of  Orleans, 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 Orleans. 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 Orleans 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 Orleans 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  Orleans 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 Orleans  for the surcharge until it has been paid to the county of Orleans 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 Orleans, it shall also provide the county of Orleans  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 Orleans an accounting of the surcharge  amounts  billed and collected.    4.  All  surcharge  monies  remitted  to  the  county  of Orleans 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  ofOrleans 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-u's