Bill Text: NY S05698 | 2019-2020 | General Assembly | Amended
Bill Title: Provides for an increase in the 911 telephone service surcharge in Madison county of sixty-five cents per month and sixty-five cents per retail sale.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-12-20 - SIGNED CHAP.711 [S05698 Detail]
Download: New_York-2019-S05698-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5698--A 2019-2020 Regular Sessions IN SENATE May 13, 2019 ___________ Introduced by Sen. MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- 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 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. LBD11404-07-9S. 5698--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 added by section 3 of part EEE of chapter 59 of the laws of 13 2017, 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 Madison may impose an additional surcharge 20 at the rate of sixty-five cents per month. The surcharge must be 21 reflected and made payable on bills rendered to the wireless communi- 22 cations customer for wireless communications service. 23 (c) Such surcharge on the retail sale of each prepaid wireless commu- 24 nications service, whether or not any tangible personal property is sold 25 therewith, shall be imposed at the rate of thirty cents per retail sale 26 within a city or county authorized to impose the surcharge by this 27 subdivision; provided, however, that the county of Madison may impose an 28 additional surcharge at the rate of sixty-five cents per retail sale. A 29 sale of a prepaid wireless communications service occurs in such city or 30 county if the sale takes place at a seller's business location in such 31 city or county. If the sale does not take place at the seller's place of 32 business, it shall be conclusively determined to take place at the 33 purchaser's shipping address in such city or county or, if there is no 34 item shipped, at the purchaser's billing address in such city or county, 35 or, if the seller does not have that address, at such address that 36 reasonably reflects the customer's location at the time of the sale of 37 the prepaid wireless communications service. 38 § 3. This act shall take effect immediately and shall expire and be 39 deemed repealed 10 years after such date.
