S T A T E   O F   N E W   Y O R K
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                                  5374

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2015
                               ___________

Introduced  by  M.  of A. LIFTON, FINCH -- read once and referred to the
  Committee on Local Governments

AN ACT to amend the county law, in relation  to  wireless  communication
  surcharges in the county of Cortland

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 308-a of the county law, as  added
by chapter 387 of the laws of 2002, is amended to read as follows:
  1.  Notwithstanding  the  provisions  of  any law to the contrary, the
county of Cortland, acting through its  county  legislature,  is  hereby
authorized  and empowered to adopt, amend or repeal local laws to impose
a surcharge in an amount not to exceed [thirty  cents]  ONE  DOLLAR  per
month  on wireless communications service in the county of Cortland. The
surcharge shall be imposed on each wireless  communications  device  and
shall  be  reflected  and  made  payable  on bills rendered for wireless
communications service that is provided to a  customer  whose  place  of
primary use is within the county. For purposes of this section, the term
"place  of  primary use" shall mean the street address that is represen-
tative of where  the  customer's  use  of  the  wireless  communications
service  primarily occurs, which address must be: (a) residential street
address or the primary business street address of the customer; and  (b)
within  the licensed service area of the wireless communications service
supplier.
  S 2. This act shall take effect immediately; provided,  however,  that
the  provisions  of subdivision 1 of section 308-a of the county law, as
amended by section one of this act shall  apply  to  bills  rendered  to
wireless  communications  service customers by a wireless communications
service supplier on and  after  the  expiration  of  the  notice  period
required  pursuant  to  the  provisions of subdivision 2 of such section
308-a of the county law;  provided  further,  that  a  wireless  service
supplier  may  treat  the address used by such supplier for any wireless

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08894-01-5
              

A. 5374                             2

communications customer under a service contract or agreement in  effect
on  the effective date of the local law imposing such surcharge, as that
wireless communications customer's place of primary use for the  remain-
ing  term of such service contract or agreement, excluding any extension
or renewal of such service contract or agreement, for purposes of deter-
mining the taxing jurisdiction with respect to taxes on wireless  commu-
nications service.