Assembly Bill A446

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

                                   446

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred to the Committee
  on Local Governments

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

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

                                                           LBD03567-01-1

A. 446                              2

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.
  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.