Bill Text: NY A06547 | 2011-2012 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to local governments [A06547 Detail]

Download: New_York-2011-A06547-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6547
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 21, 2011
                                      ___________
       Introduced by M. of A. LIFTON -- 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.
                                                                  LBD10166-01-1
       A. 6547                             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.