Bill Text: NY A09918 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 9918 (Prior Session Legislation)

Introduced

Bill Title: Relates to communication service surcharges applied to Cortland county and providing for the repeal of such provisions upon expiration thereof.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-06-15 - REFERRED TO RULES [A09918 Detail]

Download: New_York-2009-A09918-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9918
                                 I N  A S S E M B L Y
                                   February 12, 2010
                                      ___________
       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 Cortland 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    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  THE  COUNTY LAW, IN AN AMOUNT NOT TO
    9  EXCEED SIXTY-FIVE CENTS PER ACCESS LINE PER MONTH ON  THE  CUSTOMERS  OF
   10  EVERY  SERVICE  SUPPLIER  WITHIN  SUCH MUNICIPALITY TO PAY FOR THE COSTS
   11  ASSOCIATED WITH OBTAINING, OPERATING AND  MAINTAINING  THE  TELECOMMUNI-
   12  CATION  EQUIPMENT  AND  TELEPHONE SERVICES NEEDED TO PROVIDE AN ENHANCED
   13  911 (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.
   25    4. THE SURCHARGE  ESTABLISHED  PURSUANT  TO  THE  PROVISIONS  OF  THIS
   26  SECTION SHALL BE IMPOSED ON A PER ACCESS LINE BASIS ON ALL CURRENT BILLS
   27  RENDERED FOR LOCAL EXCHANGE ACCESS SERVICE WITHIN THE 911 SERVICE AREA.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15623-02-0
       A. 9918                             2
    1    5.  NO  SUCH  SURCHARGE  SHALL  BE IMPOSED UPON MORE THAN SEVENTY-FIVE
    2  EXCHANGE ACCESS LINES PER CUSTOMER PER LOCATION.
    3    6.  LIFELINE  CUSTOMERS,  A  PUBLIC SAFETY AGENCY AND ANY MUNICIPALITY
    4  WHICH HAS ENACTED A LOCAL LAW PURSUANT TO THE PROVISIONS OF THIS SECTION
    5  SHALL BE EXEMPT FROM ANY SURCHARGE IMPOSED UNDER THIS SECTION.
    6    S 2. This act shall take effect immediately provided, however that:
    7    (a) this act shall expire and be deemed repealed 10 years  after  such
    8  date;
    9    (b) the provisions of subdivision one of section 336 of the county law
   10  as  added  by  section  one of this act shall apply to bills rendered to
   11  communications service customers by a communications service supplier on
   12  and after the expiration of the notice period required pursuant  to  the
   13  provisions of subdivision three of such section; and
   14    (c) a service supplier may treat the address used by such supplier for
   15  any  communications  customer  under  a service contract or agreement in
   16  effect on the effective date of the local law imposing  such  surcharge,
   17  as that communications customer's place of primary use for the remaining
   18  term  of  such service contract or agreement, excluding any extension or
   19  renewal of such service contract or agreement, for purposes of determin-
   20  ing the taxing jurisdiction with  respect  to  taxes  on  communications
   21  service.