S T A T E O F N E W Y O R K
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4044--A
2011-2012 Regular Sessions
I N S E N A T E
March 15, 2011
___________
Introduced by Sen. SEWARD -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the county law, in relation to wireless communication
surcharges in the county of Cortland
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 308-a of the county law, as added
by chapter 387 of the laws of 2002, is amended to read as follows:
1. Notwithstanding the provisions of any law to the contrary, the
county of Cortland, acting through its county legislature, is hereby
authorized and empowered to adopt, amend or repeal local laws to impose
a surcharge in an amount not to exceed [thirty cents] ONE DOLLAR per
month on wireless communications service in the county of Cortland. 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 represen-
tative 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.
S 2. This act shall take effect immediately; provided, however, that
the provisions of subdivision 1 of section 308-a of the county law, as
amended by section one of this act shall apply to bills rendered to
wireless communications service customers by a wireless communications
service supplier on and after the expiration of the notice period
required pursuant to the provisions of subdivision 2 of such section
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10177-02-1
S. 4044--A 2
308-a of the county law; provided further, that a wireless service
supplier may treat the address used by such supplier for any wireless
communications customer under a service contract or agreement in effect
on the effective date of the local law imposing such surcharge, as that
wireless communications customer's place of primary use for the remain-
ing term of such service contract or agreement, excluding any extension
or renewal of such service contract or or agreement, for purposes of
determining the taxing jurisdiction with respect to taxes on wireless
communications service.