Full Text
Local Law Filing New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Albany, NY 12231-0001 www.dos.state.ny.us/corps (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. FILED [xjCounty DCity DTown DVillage STATE RECORDS (Select one:) of Cortland ' . JUN 2 8 2017 DEPARTMENT OF STATE Local Law No. 3 of the year 2017 A local laWi f^gpggi g Year to 2002 to Establish a Surcharge on Wireless Communication Sen/ices in the County of Cortland as Authorized by Article Six of the County Law of the State of New York; and Elect the Imposition of the Wireless Communications Surcharges Pursuant to the Authority of Tax Law § 186-G on Both Prepaid and Postpaid Wireless Communications Effective . December ISt, 2017. ' Be it enacted by the Legislature (Name of Legislative Body) Ofthe [xJCounty DCity DTown DVillage (Select one:) of Cortland as follows: See attached (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-C239-f-l (Rev. 02/10) Page 2 of 4 ---PAGE BREAK--- (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. z of 20lZ of the (County)(City)(Town)(Village) of Cortland ^as duly passed by the Cortland County Legislature on June 22, in accordance with the applicable (Name of Legislative Body) provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the : on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the • and was deemed duly adopted (Elective Chief Executive Officer*) on 20I I I, in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of . was duly passed by the ' on 20 . and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 . (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. df 20 of the (County)(City)(Town)(Village) of was duly passed by the : • on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-0239-f-l (Rev. 02/10) Page 3 of 4 ---PAGE BREAK--- 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on : 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of estate of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 ofthe Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and ofthe whole of such original local law. and w^finally adoptejd \njhp m^ner indicated in paragraph J above. / A Jlerk of tfie/<5bunty legislative body; Citytrown or Village Clerk or officer dfeafgnated by local legislative body (Seal) Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF Cortland I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature Cortland County Attorney Title County City Cortland Town Village Date: 2017 DOS-0239-f-l (Rev. 02/10) Page 4 of 4 ---PAGE BREAK--- ON MOTION OF RICHARD BUSHNELL RESOLUTION NO. 249-17 Adopt Local Law 3 of 2017 - a Local Law to Repeal Local Law No.6 for the Year to 2002 to Establish a Surcharge on Wireless Communication Services in the County of Cortland as Authorized by Article Six ofthe County Law ofthe State of New York; and Elect the Imposition of the Wireless Communications Surcharges Pursuant to the Authority of Tax Law § 186-G on Both Prepaid and Postpaid Wireless Communications Effective December ISt, 2017. Be it enacted by the County Legislature of the County of Cortland, as follows: SECTION 1. Local Law No.6 for the Year 2002, A Local Law to Establish a Surcharge on Wireless Communications Service in the County of Cortland, is hereby REPEALED. SECTION 2. Imposition of wireless communications surcharges, 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 Cortland on: wireless communications service provided to a wireless communications customer with a place of primary use within such County, at the rate of thirty cents per month on each wireless communications device in service during any part of the month; and (ii) the retail sale of prepaid wireless communications service sold within such County, at the rate of thirty cents 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 three percent of its collections of the surcharges imposed by this Local Law, 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. SECTION 3. Administration of surcharges. The surcharges imposed by this Local Law shall be administered and collected by the New York State Commissioner of Taxation and Finance as provided in paragraph of Tax Law § 186-g, and in a like manner as the taxes imposed by Articles Twenty-eight and Twenty-nine of the Tax Law. SECTION 4. Applicability of State law to surcharges imposed by this Local Law. All the provisions of Tax Law § 186-g shall apply to the surcharges imposed by this Local Law with the same force and effect as if those provisions had been set forth in full in this Local Law, except to the extent that any of those provisions is either inconsistent with or not relevant to the surcharges imposed by this Local Law. SECTION 5. Net collections received by this County from the surcharges imposed by this Local Law shall be expended only upon authorization of the Legislature of the County of Cortland 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 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 ---PAGE BREAK--- 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. SECTION 6. Effective date. This Local Law shall take effect December 1, 2017. STATE OF NEW YORK) SS: COUNTY OF CORTLAND ) This is to certify that I, the undersigned, Clerk of the Cortland County Legislature, have compared the foregoing copy with the original now on file in this office, and that the above actions were passed by the Cortland County Legislature on the 22nd day of June, 2017 and that the same is a correct and true transcript of such actions taken. IN WITNESS WHEREOF I have hereunto set my hand and the official seal ofthe CORTLAND COUNTY LEGISLATURE, this 22nd day of June, 2017. Eric Clerk ofthe CortlaiiId County Legislature