New York State Assembly

 
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A10713 Summary:

A10713 Actions:

A10713 Committee Votes:

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:07/22/2020AYE/NAY:27/5  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Excused
Fitzpatrick
Aye
Glick
Aye
Hawley
Aye
Nolan
Aye
Malliotakis
Nay
Pretlow
Aye
Montesano
Nay
Perry
Aye
Blankenbush
Aye
Colton
Aye
Palmesano
Aye
Cook
Aye
Norris
Aye
Cahill
Nay
Brabenec
Aye
Aubry
Aye
Cusick
Nay
Ortiz
Aye
Benedetto
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Simotas
Aye
Dinowitz
Nay
Miller
Aye
Joyner
Excused

Committee:RULES   Chair:Heastie      
DATE:07/22/2020AYE/NAY:28/1  Action: Favorable         
Heastie
Aye
Barclay
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Excused
Nolan
Aye
Hawley
Aye
Weinstein
Aye
Giglio
Aye
Ortiz
Aye
Malliotakis
Nay
Pretlow
Aye
Blankenbush
Aye
Cook
Aye
Norris
Aye
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye

A10713 Floor Votes:

A10713 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10713--A
 
                   IN ASSEMBLY
 
                                      July 1, 2020
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Friend) --
          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 authoriz-
          ing the county of Tioga to impose an additional surcharge to  pay  for
          the costs associated with updating the telecommunication equipment and
          telephone  services  needed to provide an enhanced 911 emergency tele-
          phone system to serve such 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  337  to
     2  read as follows:
     3    §  337.  County  of  Tioga enhanced 911 emergency telephone system. 1.
     4  Notwithstanding the provisions of any law to the contrary, the county of
     5  Tioga 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  one dollar per access line per month on the customers of  every  service
    10  supplier  within  such municipality to pay for the costs associated with
    11  obtaining, operating and maintaining the telecommunication equipment and
    12  telephone services needed to provide an enhanced  911  (E911)  emergency
    13  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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15107-02-0
        A. 10713--A                         2
 
     1  begin to add such surcharge to the billings of its customers or prior to
     2  any modification to or change in the surcharge amount.
     3    4.  The  surcharge  established  pursuant  to  the  provisions of this
     4  section shall be imposed on a per access line basis on all current bills
     5  rendered for local exchange access service within the 911 service area.
     6    5. No such surcharge shall be  imposed  upon  more  than  seventy-five
     7  exchange access lines per customer per location.
     8    6.  Lifeline  customers,  a  public safety agency and any municipality
     9  which has enacted a local law pursuant to the provisions of this section
    10  shall be exempt from any surcharge imposed under this section.
    11    § 2. Paragraphs (b) and (c) of subdivision 2 of section 186-g  of  the
    12  tax  law,  as  separately amended by chapters 120 and 711 of the laws of
    13  2019, are amended to read as follows:
    14    (b) Such surcharge on wireless communications service  provided  to  a
    15  wireless  communications  customer with a place of primary use in a city
    16  or county authorized to impose the surcharge by this  subdivision  shall
    17  be imposed at the rate of thirty cents per month on each wireless commu-
    18  nications  device  in  service  during  any part of the month; provided,
    19  however, that the county of Broome may impose an additional surcharge at
    20  the rate of one dollar and ten cents per month; provided, however,  that
    21  the  county of Madison may impose an additional surcharge at the rate of
    22  sixty-five cents per month; provided however, that the county  of  Tioga
    23  may  impose an additional surcharge at the rate of one dollar per month.
    24  The surcharge must be reflected and made payable on  bills  rendered  to
    25  the   wireless   communications  customer  for  wireless  communications
    26  service.
    27    (c) Such surcharge on the retail sale of each prepaid wireless  commu-
    28  nications service, whether or not any tangible personal property is sold
    29  therewith,  shall be imposed at the rate of thirty cents per retail sale
    30  within a city or county authorized  to  impose  the  surcharge  by  this
    31  subdivision;  provided, however, that the county of Broome may impose an
    32  additional surcharge at the rate of one dollar and ten cents per  retail
    33  sale;  provided, however, that the county of Madison may impose an addi-
    34  tional surcharge at the  rate  of  sixty-five  cents  per  retail  sale;
    35  provided,  however,  that  the  county of Tioga may impose an additional
    36  surcharge at the rate of one dollar per  retail  sale.    A  sale  of  a
    37  prepaid wireless communications service occurs in such city or county if
    38  the  sale  takes  place  at a seller's business location in such city or
    39  county. If the sale does not take place at the seller's place  of  busi-
    40  ness,  it shall be conclusively determined to take place at the purchas-
    41  er's shipping address in such city or county or, if  there  is  no  item
    42  shipped,  at the purchaser's billing address in such city or county, or,
    43  if the seller does not have that address, at such address  that  reason-
    44  ably  reflects  the  customer's  location at the time of the sale of the
    45  prepaid wireless communications service.
    46    § 3. Paragraphs (b) and (c) of subdivision 2 of section 186-g  of  the
    47  tax  law,  as amended by chapter 711 of the laws of 2019, are amended to
    48  read as follows:
    49    (b) Such surcharge on wireless communications service  provided  to  a
    50  wireless  communications  customer with a place of primary use in a city
    51  or county authorized to impose the surcharge by this  subdivision  shall
    52  be imposed at the rate of thirty cents per month on each wireless commu-
    53  nications  device  in  service  during  any part of the month; provided,
    54  however, that the county of Madison may impose an  additional  surcharge
    55  at  the  rate of sixty-five cents per month; provided, however, that the
    56  county of Tioga may impose an additional surcharge at the  rate  of  one
        A. 10713--A                         3
 
     1  dollar  per month.   The surcharge must be reflected and made payable on
     2  bills rendered to the  wireless  communications  customer  for  wireless
     3  communications service.
     4    (c)  Such surcharge on the retail sale of each prepaid wireless commu-
     5  nications service, whether or not any tangible personal property is sold
     6  therewith, shall be imposed at the rate of thirty cents per retail  sale
     7  within  a  city  or  county  authorized  to impose the surcharge by this
     8  subdivision; provided, however, that the county of Madison may impose an
     9  additional surcharge at the rate of sixty-five cents  per  retail  sale;
    10  provided,  however,  that  the  county of Tioga may impose an additional
    11  surcharge at the rate of one dollar per retail sale. A sale of a prepaid
    12  wireless communications service occurs in such city  or  county  if  the
    13  sale takes place at a seller's business location in such city or county.
    14  If  the  sale  does not take place at the seller's place of business, it
    15  shall be conclusively determined to take place at the purchaser's  ship-
    16  ping  address in such city or county or, if there is no item shipped, at
    17  the purchaser's billing address in such city or county, or, if the sell-
    18  er does not have that address, at such address that reasonably  reflects
    19  the  customer's location at the time of the sale of the prepaid wireless
    20  communications service.
    21    § 4. Paragraphs (b) and (c) of subdivision 2 of section 186-g  of  the
    22  tax  law,  as amended by section 3 of part EEE of chapter 59 of the laws
    23  of 2017, are amended to read as follows:
    24    (b) Such surcharge on wireless communications service  provided  to  a
    25  wireless  communications  customer with a place of primary use in a city
    26  or county authorized to impose the surcharge by this  subdivision  shall
    27  be imposed at the rate of thirty cents per month on each wireless commu-
    28  nications  device  in  service  during  any part of the month; provided,
    29  however, that the county of Tioga may impose an additional surcharge  at
    30  the  rate  of  one dollar per month. The surcharge must be reflected and
    31  made payable on bills rendered to the wireless  communications  customer
    32  for wireless communications service.
    33    (c)  Such surcharge on the retail sale of each prepaid wireless commu-
    34  nications service, whether or not any tangible personal property is sold
    35  therewith, shall be imposed at the rate of thirty cents per retail  sale
    36  within  a  city  or  county  authorized  to impose the surcharge by this
    37  subdivision; provided, however, that the county of Tioga may  impose  an
    38  additional  surcharge at the rate of one dollar per retail sale.  A sale
    39  of a prepaid wireless communications service  occurs  in  such  city  or
    40  county  if  the sale takes place at a seller's business location in such
    41  city or county. If the sale does not take place at the seller's place of
    42  business, it shall be conclusively  determined  to  take  place  at  the
    43  purchaser's  shipping  address in such city or county or, if there is no
    44  item shipped, at the purchaser's billing address in such city or county,
    45  or, if the seller does not have  that  address,  at  such  address  that
    46  reasonably  reflects  the customer's location at the time of the sale of
    47  the prepaid wireless communications service.
    48    § 5. This act shall take effect immediately and shall  expire  and  be
    49  deemed  repealed  ten  years  after it shall have become a law; provided
    50  that:
    51    (a) the amendments to paragraphs (b)  and  (c)  of  subdivision  2  of
    52  section  186-g  of  the tax law made by section two of this act shall be
    53  subject to the expiration and reversion of such paragraphs  pursuant  to
    54  chapter  120  of  the  laws of 2019, as amended, when upon such date the
    55  provisions of section three of this act shall take effect; and
        A. 10713--A                         4
 
     1    (b) the amendments to paragraphs (b)  and  (c)  of  subdivision  2  of
     2  section  186-g of the tax law made by section three of this act shall be
     3  subject to the expiration and reversion of such paragraphs  pursuant  to
     4  chapter  711  of  the  laws of 2019, as amended, when upon such date the
     5  provisions of section four of this act shall take effect.