S T A T E   O F   N E W   Y O R K
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                                  2861

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 4, 2009
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the county law, in  relation  to  communication  service
  surcharges  applied to Onondaga 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:

  Section  1.   The county law is amended by adding a new section 334 to
read as follows:
  S 334. COUNTY OF ONONDAGA ENHANCED 911 EMERGENCY TELEPHONE SYSTEM.  1.
NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE COUNTY OF
ONONDAGA ACTING THROUGH ITS LOCAL COUNTY  LEGISLATIVE  BODY,  IS  HEREBY
AUTHORIZED  AND EMPOWERED TO ADOPT, AMEND OR REPEAL LOCAL LAWS TO IMPOSE
A SURCHARGE, IN ADDITION TO THE SURCHARGE ESTABLISHED AND IMPOSED  UNDER
SECTION  THREE  HUNDRED  THREE  OF  THE  COUNTY LAW, IN AN AMOUNT NOT TO
EXCEED SIXTY-FIVE CENTS PER ACCESS LINE PER MONTH ON  THE  CUSTOMERS  OF
EVERY  SERVICE  SUPPLIER  WITHIN  SUCH MUNICIPALITY TO PAY FOR THE COSTS
ASSOCIATED WITH OBTAINING, OPERATING AND  MAINTAINING  THE  TELECOMMUNI-
CATION  EQUIPMENT  AND  TELEPHONE SERVICES NEEDED TO PROVIDE AN ENHANCED
911 (E911) EMERGENCY TELEPHONE SYSTEM TO SERVE SUCH COUNTY.
  2. ANY SUCH LOCAL LAW SHALL STATE THE AMOUNT  OF  THE  SURCHARGE,  THE
DATE  ON WHICH THE SERVICE SUPPLIER SHALL BEGIN TO ADD SUCH SURCHARGE TO
THE BILLINGS OF ITS CUSTOMERS AND, TO THE EXTENT PRACTICABLE,  THE  DATE
ON WHICH SUCH E911 SERVICE IS TO BEGIN. SUCH LOCAL LAW MAY AUTHORIZE THE
SERVICE SUPPLIER TO BEGIN BILLING ITS CUSTOMERS FOR SUCH SURCHARGE PRIOR
TO THE DATE THE E911 SYSTEM SERVICE IS TO BEGIN.
  3.  ANY  SERVICE  SUPPLIER  WITHIN  A MUNICIPALITY WHICH HAS IMPOSED A
SURCHARGE PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL  BE  GIVEN  A
MINIMUM  OF  FORTY-FIVE  DAYS  WRITTEN NOTICE PRIOR TO THE DATE IT SHALL
BEGIN TO ADD SUCH SURCHARGE TO THE BILLINGS OF ITS CUSTOMERS OR PRIOR TO
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.
                                                           LBD03994-01-9
              

S. 2861                             2

  4. THE SURCHARGE  ESTABLISHED  PURSUANT  TO  THE  PROVISIONS  OF  THIS
SECTION SHALL BE IMPOSED ON A PER ACCESS LINE BASIS ON ALL CURRENT BILLS
RENDERED FOR LOCAL EXCHANGE ACCESS SERVICE WITHIN THE 911 SERVICE AREA.
  5.  NO  SUCH  SURCHARGE  SHALL  BE IMPOSED UPON MORE THAN SEVENTY-FIVE
EXCHANGE ACCESS LINES PER CUSTOMER PER LOCATION.
  6. LIFELINE CUSTOMERS, A PUBLIC SAFETY  AGENCY  AND  ANY  MUNICIPALITY
WHICH HAS ENACTED A LOCAL LAW PURSUANT TO THE PROVISIONS OF THIS SECTION
SHALL BE EXEMPT FROM ANY SURCHARGE IMPOSED UNDER THIS SECTION.
  S 2. This act shall take effect immediately provided, however that:
  (a)  this  act shall expire and be deemed repealed 10 years after such
date;
  (b) the provisions of subdivision one of section 334 of the county law
as added by section one of this act shall apply  to  bills  rendered  to
communications service customers by a communications service supplier on
and  after  the expiration of the notice period required pursuant to the
provisions of subdivision three of such section; and
  (c) a service supplier may treat the address used by such supplier for
any communications customer under a service  contract  or  agreement  in
effect  on  the effective date of the local law imposing such surcharge,
as that communications customer's place of primary use for the remaining
term of such service contract or agreement, excluding any  extension  or
renewal of such service contract or agreement, for purposes of determin-
ing  the  taxing  jurisdiction  with  respect to taxes on communications
service.