Bill Text: NY A06345 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to communication service surcharges applied to the county of Cortland.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-01-08 - referred to local governments [A06345 Detail]

Download: New_York-2013-A06345-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6345
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 25, 2013
                                      ___________
       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  communication  service
         surcharges  applied  to  the  county of Cortland 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    S 336. COUNTY OF CORTLAND ENHANCED 911 EMERGENCY TELEPHONE SYSTEM.  1.
    4  NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE COUNTY OF
    5  CORTLAND,  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
   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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02516-01-3
       A. 6345                             2
    1    4.  THE  SURCHARGE  ESTABLISHED  PURSUANT  TO  THE  PROVISIONS OF THIS
    2  SECTION SHALL BE IMPOSED ON A PER ACCESS LINE BASIS ON ALL CURRENT BILLS
    3  RENDERED FOR LOCAL EXCHANGE ACCESS SERVICE WITHIN THE 911 SERVICE AREA.
    4    5.  NO  SUCH  SURCHARGE  SHALL  BE IMPOSED UPON MORE THAN SEVENTY-FIVE
    5  EXCHANGE ACCESS LINES PER CUSTOMER PER LOCATION.
    6    6. LIFELINE CUSTOMERS, A PUBLIC SAFETY  AGENCY  AND  ANY  MUNICIPALITY
    7  WHICH HAS ENACTED A LOCAL LAW PURSUANT TO THE PROVISIONS OF THIS SECTION
    8  SHALL BE EXEMPT FROM ANY SURCHARGE IMPOSED UNDER THIS SECTION.
    9    S  2.  This  act shall take effect immediately and shall expire and be
   10  deemed repealed 10 years after such date, provided, however that:
   11    (a) the provisions of subdivision 1 of section 336 of the  county  law
   12  as  added  by  section  one of this act shall apply to bills rendered to
   13  communications service customers by a communications service supplier on
   14  and after the expiration of the notice period required pursuant  to  the
   15  provisions of subdivision three of such section; and
   16    (b) a service supplier may treat the address used by such supplier for
   17  any  communications  customer  under  a service contract or agreement in
   18  effect on the effective date of the local law imposing  such  surcharge,
   19  as that communications customer's place of primary use for the remaining
   20  term  of  such service contract or agreement, excluding any extension or
   21  renewal of such service contract or agreement, for purposes of determin-
   22  ing the taxing jurisdiction with  respect  to  taxes  on  communications
   23  service.