NY State Senate Bill S4392

Archive: Last Bill Status Via A6546 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (10)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 27, 2019	signed chap.120
Jul 22, 2019	delivered to governor
Jun 18, 2019	returned to assembly passed senate 3rd reading cal.1549 substituted for s4392
Jun 18, 2019	substituted by a6546 ordered to third reading cal.1549 committee discharged and committed to rules
Mar 11, 2019	referred to local government

Votes

S4392 (ACTIVE) - Details

See Assembly Version of this Bill:: A6546
Law Section:: County Law
Laws Affected:: Add §336, County L; amd §186-g, Tax L

S4392 (ACTIVE) - Summary

Authorizes Broome county to impose an additional surcharge to pay for the costs associated with updating the telecommunication equipment and telephone services needed to provide an enhanced 911 emergency telephone system to serve such county and provides for the repeal of such provisions upon expiration thereof.

S4392 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4392

SPONSOR: AKSHAR
 
TITLE OF BILL:  An act to amend the county law and the tax law, in
relation to authorizing the county of Broome to impose an additional
surcharge to pay for the costs associated with updating the telecommuni-
cation equipment and telephone services needed to provide an enhanced
911 emergency telephone system to serve such county; and providing for
the repeal of such provisions upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to impose an additional surcharge on wireless
communications and landline services to fund the county's Public Safety
Radio Capital project. This legislation is at the request of Broome
County.

 
SUMMARY OF PROVISIONS:

Section 1: Section 303 of the county law is amended by adding a new
subdivision 4. Section 2: Establishes the effect date.

 
JUSTIFICATION:

Broome County has requested home rule legislation to impose a surcharge
on wireless communications and landline services to fund the County's
Public Safety Radio Capital project. Currently, Broome County's emergen-
cy communication systems consists of 12 different radio systems and are
outdated and many of the systems have not been updated since the 1970's.
The use of outdated equipment has lead to gaps in coverage, which has
resulted in first responders not being able to communicate during times
of emergency.

The County's Public Safety Radio Capital project will address issues of
outdated technology with new radios and radio towers that will allow
emergency personnel to better communicate with dispatch and one another.

 
PRIOR LEGISLATIVE HISTORY:

This is new legislation.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

This legislation will have no fiscal implications for State. The funds
raised by the surcharge will be used by the County for upgrades to its
emergency communications systems.

 
EFFECTIVE DATE:
This act shall take effect immediately and be deemed repealed ten years
after it shall have become a law.

S4392 (ACTIVE) - Bill Text download pdf


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

                                  4392

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 11, 2019
                               ___________

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

AN ACT to amend the county law and the tax law, in relation to authoriz-
  ing the county of Broome to impose an additional surcharge to pay  for
  the costs associated with updating the telecommunication equipment and
  telephone  services  needed to provide an enhanced 911 emergency tele-
  phone system to serve such county; 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:
  §  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
ONE DOLLAR AND THIRTY CENTS PER ACCESS LINE PER MONTH ON  THE  CUSTOMERS
OF  EVERY SERVICE SUPPLIER WITHIN SUCH MUNICIPALITY TO PAY FOR THE COSTS
ASSOCIATED WITH OBTAINING, OPERATING AND  MAINTAINING  THE  TELECOMMUNI-
CATION  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

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

                                                           LBD09745-02-9

S. 4392                             2

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.
  § 2. Paragraphs (b) and (c) of subdivision 2 of section 186-g  of  the
tax  law, as added by section 3 of part EEE of chapter 59 of the laws of
2017, are amended to read as follows:
  (b) Such surcharge on wireless communications service  provided  to  a
wireless  communications  customer with a place of primary use in a city
or county authorized to impose the surcharge by this  subdivision  shall
be imposed at the rate of thirty cents per month on each wireless commu-
nications  device  in  service  during  any part of the month; PROVIDED,
HOWEVER, THAT THE COUNTY OF BROOME MAY IMPOSE AN ADDITIONAL SURCHARGE AT
THE RATE OF ONE DOLLAR AND TEN CENTS PER MONTH. The  surcharge  must  be
reflected  and  made  payable on bills rendered to the wireless communi-
cations customer for wireless communications service.
  (c) Such surcharge on the retail sale of each prepaid wireless  commu-
nications service, whether or not any tangible personal property is sold
therewith,  shall be imposed at the rate of thirty cents per retail sale
within a city or county authorized  to  impose  the  surcharge  by  this
subdivision;  PROVIDED, HOWEVER, THAT THE COUNTY OF BROOME MAY IMPOSE AN
ADDITIONAL SURCHARGE AT THE RATE OF ONE DOLLAR AND TEN CENTS PER  RETAIL
SALE. A sale of a prepaid wireless communications service occurs in such
city  or  county if the sale takes place at a seller's business location
in such city or county. If the sale does not take place at the  seller's
place  of business, it shall be conclusively determined to take place at
the purchaser's shipping address in such city or county or, if there  is
no  item  shipped,  at  the  purchaser's billing address in such city or
county, or, if the seller does not have that address,  at  such  address
that reasonably reflects the customer's location at the time of the sale
of the prepaid wireless communications service.
  §  3.  This  act shall take effect immediately and shall expire and be
deemed repealed ten years after it shall have become a law.

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The New York State Senate

senate Bill S4392

Sponsored By

Archive: Last Bill Status Via A6546 - Signed by Governor

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Votes

Jun 18, 2019 - floor Vote

Floor Vote: Jun 18, 2019

Jun 18, 2019 - Rules committee Vote

Rules Committee Vote: Jun 18, 2019

S4392 (ACTIVE) - Details

S4392 (ACTIVE) - Summary

S4392 (ACTIVE) - Sponsor Memo

S4392 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4392

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Sponsored By

Fred Akshar

Archive: Last Bill Status Via A6546 - Signed by Governor

Your Voice

Actions

Votes

Jun 18, 2019 - floor Vote

Floor Vote: Jun 18, 2019

Jun 18, 2019 - Rules committee Vote

Rules Committee Vote: Jun 18, 2019

S4392 (ACTIVE) - Details

S4392 (ACTIVE) - Summary

S4392 (ACTIVE) - Sponsor Memo

S4392 (ACTIVE) - Bill Text download pdf

Comments