[HISTORY: Adopted by the County Legislature 8-15-2017 by L.L. No. 5-2017. Amendments noted where applicable.]
Editor’s Note: This ordinance also repealed former Ch. 168, Wireless Communications, adopted 10-1-2002 by L.L. No. 9-2002.
Pursuant to the authority of Tax Law § 186-g, there are hereby imposed and there shall be paid surcharges within the territorial limits of the County of Tompkins on wireless communications service provided to a wireless communications customer with a place of primary use within such county, at the rate of $0.30 per month on each wireless communications device in service during any part of the month; and the retail sale of prepaid wireless communications service sold within such county, at the rate of $0.30 per retail sale, whether or not any tangible personal property is sold therewith.
Wireless communications service suppliers shall begin to add such surcharge to the billings of its customers and prepaid wireless communications sellers shall begin to collect such surcharge from its customers commencing December 1, 2017.
Each wireless communications service supplier and prepaid wireless communications seller is entitled to retain, as an administrative fee, an amount equal to 3% of its collections of the surcharges imposed by this chapter, provided that the supplier or seller files any required return and remits the surcharges due to the New York State Commissioner of Taxation and Finance on or before its due date.
The surcharges imposed by this chapter shall be administered and collected by the New York State Commissioner of Taxation and Finance as provided in Paragraph (8) of Tax Law § 186-g, and in a like manner as the taxes imposed by Articles 28 and 29 of the Tax Law.
All the provisions of Tax Law § 186-g shall apply to the surcharges imposed by this chapter with the same force and effect as if those provisions had been set forth in full in this chapter, except to the extent that any of those provisions is either inconsistent with or not relevant to the surcharges imposed by this chapter.
Net collections received by this County from the surcharges imposed by this chapter shall be expended only upon authorization of the Legislature of the County of Tompkins and only for payment of system costs, eligible wireless 911 service costs, or other costs associated with the administration, design, installation, construction, operation, or maintenance of public safety communications networks or a system to provide enhanced wireless 911 service serving such county, as provided in Paragraph (9) of Tax Law § 186-g, including, but not limited to, hardware, software, consultants, financing, and other acquisition costs. The County shall separately account for and keep adequate books and records of the amount and object or purpose of all expenditures of all such monies. 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.