STATE OF NEW YORK
________________________________________________________________________
5375
2015-2016 Regular Sessions
IN ASSEMBLY
February 20, 2015
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Introduced by M. of A. LIFTON, FINCH -- 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 the county of Cortland 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 336 to
2 read as follows:
3 § 336. County of Cortland enhanced 911 emergency telephone system. 1.
4 Notwithstanding the provisions of any law to the contrary, the county of
5 Cortland, 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 sixty-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.
LBD08893-01-5
A. 5375 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, a public safety agency and any municipality
7 which has enacted a local law pursuant to the provisions of this section
8 shall be exempt from any surcharge imposed under this section.
9 § 2. This act shall take effect immediately and shall expire and be
10 deemed repealed 10 years after such date, provided, however that:
11 (a) the provisions of subdivision 1 of section 336 of the county law
12 as added by section one of this act shall apply to bills rendered to
13 communications service customers by a communications service supplier on
14 and after the expiration of the notice period required pursuant to the
15 provisions of subdivision three of such section; and
16 (b) a service supplier may treat the address used by such supplier for
17 any communications customer under a service contract or agreement in
18 effect on the effective date of the local law imposing such surcharge,
19 as that communications customer's place of primary use for the remaining
20 term of such service contract or agreement, excluding any extension or
21 renewal of such service contract or agreement, for purposes of determin-
22 ing the taxing jurisdiction with respect to taxes on communications
23 service.
