Bill Text: NY A09233 | 2021-2022 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-02-11 - enacting clause stricken [A09233 Detail]

Download: New_York-2021-A09233-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9233

                   IN ASSEMBLY

                                    February 9, 2022
                                       ___________

        Introduced by M. of A. McDONALD -- read once and referred to the Commit-
          tee 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:

     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.
    25    4. The surcharge  established  pursuant  to  the  provisions  of  this
    26  section shall be imposed on a per access line basis on all current bills
    27  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. 9233                             2

     1    5.  No  such  surcharge  shall  be imposed upon more than seventy-five
     2  exchange access lines per customer per location.
     3    6. Lifeline customers, residential access lines, a public safety agen-
     4  cy  and  any  municipality which has enacted a local law pursuant to the
     5  provisions of this section shall be exempt from  any  surcharge  imposed
     6  under this section.
     7    § 2. This act shall take effect immediately; provided, however, that:
     8    (a)  this  act shall expire and be deemed repealed 10 years after such
     9  date;
    10    (b) the provisions of subdivision 1 of section 338 of the  county  law
    11  as  added  by  section  one of this act shall apply to bills rendered to
    12  communications service customers by a communications service supplier on
    13  and after the expiration of the notice period required pursuant  to  the
    14  provisions of subdivision three of such section; and
    15    (c) a service supplier may treat the address used by such supplier for
    16  any  communications  customer  under  a service contract or agreement in
    17  effect on the effective date of the local law imposing  such  surcharge,
    18  as that communications customer's place of primary use for the remaining
    19  term  of  such service contract or agreement, excluding any extension or
    20  renewal of such service contract or agreement, for purposes of determin-
    21  ing the taxing jurisdiction with  respect  to  taxes  on  communications
    22  service.