S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10221

                          I N  A S S E M B L Y

                             March 11, 2010
                               ___________

Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
  tee on Local Governments

AN ACT to amend the county law, in relation to authorizing the county of
  Broome to impose an additional surcharge of not more  than  sixty-five
  cents on each telephone access line for enhanced 911 emergency service
  costs; and providing for the repeal of such provisions upon expiration
  thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The county law is amended by adding a new section  336  to
read as follows:
  S  336.  COUNTY OF BROOME ENHANCED 911 EMERGENCY TELEPHONE SYSTEM.  1.
NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE COUNTY OF
BROOME ACTING THROUGH ITS  LOCAL  COUNTY  LEGISLATIVE  BODY,  IS  HEREBY
AUTHORIZED  AND EMPOWERED TO ADOPT, AMEND OR REPEAL LOCAL LAWS TO IMPOSE
A SURCHARGE, IN ADDITION TO THE SURCHARGE ESTABLISHED AND IMPOSED  UNDER
SECTION  THREE HUNDRED THREE OF THIS CHAPTER, IN AN AMOUNT NOT TO EXCEED
SIXTY-FIVE CENTS PER ACCESS LINE PER MONTH ON  THE  CUSTOMERS  OF  EVERY
SERVICE  SUPPLIER  WITHIN SUCH MUNICIPALITY TO PAY FOR THE COSTS ASSOCI-
ATED WITH OBTAINING, OPERATING  AND  MAINTAINING  THE  TELECOMMUNICATION
EQUIPMENT  AND  TELEPHONE  SERVICES  NEEDED  TO  PROVIDE AN ENHANCED 911
(E911) EMERGENCY TELEPHONE SYSTEM TO SERVE SUCH COUNTY.
  2. ANY SUCH LOCAL LAW SHALL STATE THE AMOUNT  OF  THE  SURCHARGE,  THE
DATE  ON WHICH THE SERVICE SUPPLIER SHALL BEGIN TO ADD SUCH SURCHARGE TO
THE BILLINGS OF ITS CUSTOMERS AND, TO THE EXTENT PRACTICABLE,  THE  DATE
ON WHICH SUCH E911 SERVICE IS TO BEGIN. SUCH LOCAL LAW MAY AUTHORIZE THE
SERVICE SUPPLIER TO BEGIN BILLING ITS CUSTOMERS FOR SUCH SURCHARGE PRIOR
TO THE DATE THE E911 SYSTEM SERVICE IS TO BEGIN.
  3.  ANY  SERVICE  SUPPLIER  WITHIN  A MUNICIPALITY 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15612-01-0
              

A. 10221                            2

  4. THE SURCHARGE  ESTABLISHED  PURSUANT  TO  THE  PROVISIONS  OF  THIS
SECTION SHALL BE IMPOSED ON A PER ACCESS LINE BASIS ON ALL CURRENT BILLS
RENDERED FOR LOCAL EXCHANGE ACCESS SERVICE WITHIN THE 911 SERVICE AREA.
  5.  NO  SUCH  SURCHARGE  SHALL  BE IMPOSED UPON MORE THAN SEVENTY-FIVE
EXCHANGE ACCESS LINES PER CUSTOMER PER LOCATION.
  6. LIFELINE CUSTOMERS, A PUBLIC SAFETY  AGENCY  AND  ANY  MUNICIPALITY
WHICH HAS ENACTED A LOCAL LAW PURSUANT TO THE PROVISIONS OF THIS SECTION
SHALL BE EXEMPT FROM ANY SURCHARGE IMPOSED UNDER THIS SECTION.
  S 2. This act shall take effect immediately; provided, however that:
  (a)  this  act shall expire and be deemed repealed 10 years after such
date;
  (b) the provisions of subdivision 1 of section 336 of the county  law,
as  added  by  section one of this act, shall apply to bills rendered to
communications service customers by a communications service supplier on
and after the expiration of the notice period required pursuant  to  the
provisions of subdivision 3 of such section; and
  (c) a service supplier may treat the address used by such supplier for
any  communications  customer  under  a service contract or agreement in
effect on the effective date of the local law imposing  such  surcharge,
as that communications customer's place of primary use for the remaining
term  of  such service contract or agreement, excluding any extension or
renewal of such service contract or agreement, for purposes of determin-
ing the taxing jurisdiction with  respect  to  taxes  on  communications
service.