Allows for the county of Albany to impose an additional ninety-five cent surcharge per access line per month on the customers of every wireless service supplier within Albany county to pay for costs associated with maintaining the 911 emergency telephone system.
STATE OF NEW YORK
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9269--A
IN ASSEMBLY
February 9, 2022
___________
Introduced by M. of A. McDONALD, FAHY -- read once and referred to the
Committee on Local Governments -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the county law and the tax law, in relation to communi-
cation 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:
1 Section 1. The county law is amended by adding a new section 338 to
2 read as follows:
3 § 338. County of Albany enhanced 911 emergency telephone system. 1.
4 Notwithstanding the provisions of any law to the contrary, the county of
5 Albany acting through its local county legislative body, is hereby
6 authorized and empowered to adopt, amend or repeal local laws to impose
7 a surcharge, in addition to the surcharge established and imposed under
8 section three hundred three of this chapter, in an amount not to exceed
9 ninety-five cents per access line per month on the customers of every
10 service supplier within such municipality to pay for the costs associ-
11 ated with obtaining, operating and maintaining the telecommunication
12 equipment and telephone services needed to provide an enhanced 911
13 (E911) emergency telephone system to serve such county.
14 2. Any such local law shall state the amount of the surcharge, the
15 date on which the service supplier shall begin to add such surcharge to
16 the billings of its customers and, to the extent practicable, the date
17 on which such E911 service is to begin. Such local law may authorize the
18 service supplier to begin billing its customers for such surcharge prior
19 to the date the E911 system service is to begin.
20 3. Any service supplier within a municipality which has imposed a
21 surcharge pursuant to the provisions of this section shall be given a
22 minimum of forty-five days written notice prior to the date it shall
23 begin to add such surcharge to the billings of its customers or prior to
24 any modification to or change in the surcharge amount.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11954-03-2
A. 9269--A 2
1 4. The surcharge established pursuant to the provisions of this
2 section shall be imposed on a per access line basis on all current bills
3 rendered for local exchange access service within the 911 service area.
4 5. No such surcharge shall be imposed upon more than seventy-five
5 exchange access lines per customer per location.
6 6. Lifeline customers, residential access lines, a public safety agen-
7 cy and any municipality which has enacted a local law pursuant to the
8 provisions of this section shall be exempt from any surcharge imposed
9 under this section.
10 § 2. Subdivision 2 of section 186-g of the tax law is amended by
11 adding a new paragraph (d) to read as follows:
12 (d) In addition to the surcharge on wireless communications service
13 authorized to be imposed under paragraph (b) of this subdivision and the
14 surcharge on the retail sale of each prepaid wireless communications
15 service authorized to be imposed under paragraph (c) of this subdivi-
16 sion, the county of Albany may impose an additional surcharge at the
17 rate of: (i) ninety-five cents per month for surcharges authorized
18 under paragraph (b) of this subdivision; and (ii) ninety-five cents per
19 retail sale for surcharges authorized under paragraph (c) of this subdi-
20 vision.
21 § 3. This act shall take effect immediately; provided, however, that
22 this act shall expire and be deemed repealed 10 years after such date.
