S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9269
 
                           I N  A S S E M B L Y
 
                             February 9, 2022
                                ___________
 
 Introduced  by  M. of A. McDONALD, FAHY -- read once and referred to the
   Committee 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. 9269                             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.