STATE OF NEW YORK
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7715--B
2019-2020 Regular Sessions
IN ASSEMBLY
May 17, 2019
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Introduced by M. of A. SALKA -- read once and referred to the Committee
on Local Governments -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- 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-
cations service surcharges applied to Madison 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 336 to
2 read as follows:
3 § 336. County of Madison enhanced 911 emergency telephone system. 1.
4 Notwithstanding the provisions of any law to the contrary, the county of
5 Madison 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11404-06-9
A. 7715--B 2
1 minimum of forty-five days written notice prior to the date it shall
2 begin to add such surcharge to the billings of its customers or prior to
3 any modification to or change in the surcharge amount.
4 4. The surcharge established pursuant to the provisions of this
5 section shall be imposed on a per access line basis on all current bills
6 rendered for local exchange access service within the 911 service area.
7 5. No such surcharge shall be imposed upon more than seventy-five
8 exchange access lines per customer per location.
9 6. Lifeline customers, a public safety agency and any municipality
10 which has enacted a local law pursuant to the provisions of this section
11 shall be exempt from any surcharge imposed under this section.
12 § 2. Paragraphs (b) and (c) of subdivision 2 of section 186-g of the
13 tax law, as added by section 3 of part EEE of chapter 59 of the laws of
14 2017, are amended to read as follows:
15 (b) Such surcharge on wireless communications service provided to a
16 wireless communications customer with a place of primary use in a city
17 or county authorized to impose the surcharge by this subdivision shall
18 be imposed at the rate of thirty cents per month on each wireless commu-
19 nications device in service during any part of the month; provided,
20 however, that the county of Madison may impose an additional surcharge
21 at the rate of sixty-five cents per month. The surcharge must be
22 reflected and made payable on bills rendered to the wireless communi-
23 cations customer for wireless communications service.
24 (c) Such surcharge on the retail sale of each prepaid wireless commu-
25 nications service, whether or not any tangible personal property is sold
26 therewith, shall be imposed at the rate of thirty cents per retail sale
27 within a city or county authorized to impose the surcharge by this
28 subdivision; provided, however, that the county of Madison may impose an
29 additional surcharge at the rate of sixty-five cents per retail sale. A
30 sale of a prepaid wireless communications service occurs in such city or
31 county if the sale takes place at a seller's business location in such
32 city or county. If the sale does not take place at the seller's place of
33 business, it shall be conclusively determined to take place at the
34 purchaser's shipping address in such city or county or, if there is no
35 item shipped, at the purchaser's billing address in such city or county,
36 or, if the seller does not have that address, at such address that
37 reasonably reflects the customer's location at the time of the sale of
38 the prepaid wireless communications service.
39 § 3. This act shall take effect immediately and shall expire and be
40 deemed repealed 10 years after such date.