senate Bill S5346

2011-2012 Legislative Session

Increases the wireless surcharge for Madison county and authorizes landline surcharges

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to local government
May 10, 2011 referred to local government

S5346 - Bill Details

See Assembly Version of this Bill:
A446
Current Committee:
Senate Local Government
Law Section:
County Law
Laws Affected:
Amd §308-b, add §336, County L
Versions Introduced in 2009-2010 Legislative Session:
S7015, A10608

S5346 - Bill Texts

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Increases the wireless surcharge for Madison county to one dollar per device and authorizes county to adopt landline surcharges.

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BILL NUMBER:S5346

TITLE OF BILL:
An act
to amend the county law, in relation to the wireless surcharge for the
county of Madison, and in relation to communication service surcharges
applied to Madison county and providing for the repeal of certain
provisions upon the expiration thereof

PURPOSE:
This bill authorizes Madison County to impose a seventy cent
increase on the County's Local Wireless 911 surcharge and a
sixty-five cent increase on the county's Local Access Line surcharge.

SUMMARY OF PROVISIONS:
Section 1 authorizes the seventy cent increase on
the wireless surcharge.

Section 2 amends the county law by adding a new Section 336 which
allowing Madison County to impose a sixty-five cent increase on the
landline surcharge. This section also specifies that the surcharge
will pay for the costs associated with creating an enhanced 911
emergency telephone system. In addition, this section authorizes
service suppliers to bill at the increased surcharge prior to
completion of the enhanced 911 system but provides for a forty-five
day written notice requirement. This bill exempts lifeline
customers and public safety agencies from any surcharge imposed by
this section.

Section 3 sets forth, the effective date.

JUSTIFICATION:
This bill was introduced at the request of the Madison
County Board of Supervisors, who by resolutions adopted on. June 9,
2009, has requested that the New York State Legislature authorize
Madison County to impose an increase on both landline and wireless
surcharges for purposes of funding the creation of an enhanced 911
system.

LEGISLATIVE HISTORY:
A.10608/S.7015 of 2010.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately, with a ten
year sunset, provided notice requirements set forth in the bill are
met.

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

                                  5346

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 10, 2011
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the county law, in relation to  the  wireless  surcharge
  for  the  county  of Madison, and in relation to communication service
  surcharges applied to Madison county and providing for the  repeal  of
  certain provisions upon the expiration thereof

  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-b of the county law, as  added
by chapter 191 of the laws of 2004, is amended to read as follows:
  1.    Notwithstanding  the  provisions of any law to the contrary, the
county of Madison 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] ONE  DOLLAR
per  month  on wireless communications service in the county of Madison.
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. The county law is amended by adding a new section 336 to read  as
follows:
  S  336.  COUNTY OF MADISON ENHANCED 911 EMERGENCY TELEPHONE SYSTEM. 1.
NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE COUNTY OF
MADISON ACTING THROUGH ITS LOCAL  COUNTY  LEGISLATIVE  BODY,  IS  HEREBY
AUTHORIZED  AND EMPOWERED TO ADOPT, AMEND OR REPEAL LOCAL LAWS TO IMPOSE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03567-01-1

S. 5346                             2

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.
  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 3. This act shall take effect immediately, provided, however that:
  (a)  section  two  of  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  two 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 three 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.

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