S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9233
 
                           I N  A S S E M B L Y
 
                             February 9, 2022
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Local Governments
 
 AN  ACT  to  amend  the county law, in relation to communication service
   surcharges applied to Albany 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  338  to
 read as follows:
   §  338.  COUNTY  OF ALBANY ENHANCED 911 EMERGENCY TELEPHONE SYSTEM. 1.
 NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE COUNTY OF
 ALBANY 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
 NINETY-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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11954-02-2
 A. 9233                             2

   5.  NO  SUCH  SURCHARGE  SHALL  BE IMPOSED UPON MORE THAN SEVENTY-FIVE
 EXCHANGE ACCESS LINES PER CUSTOMER PER LOCATION.
   6. LIFELINE CUSTOMERS, RESIDENTIAL ACCESS LINES, A PUBLIC SAFETY AGEN-
 CY  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. This act shall take effect immediately; provided, however, that:
   (a)  this  act shall expire and be deemed repealed 10 years after such
 date;
   (b) the provisions of subdivision 1 of section 338 of the  county  law
 as  added  by  section  one 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.