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