Bill Text: NY S07716 | 2009-2010 | General Assembly | Introduced

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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 (Republican 1-0)

Status: (Introduced - Dead) 2010-06-24 - COMMITTEE DISCHARGED AND COMMITTED TO RULES [S07716 Detail]

Download: New_York-2009-S07716-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7716
                                   I N  S E N A T E
                                      May 4, 2010
                                      ___________
       Introduced  by  Sen.  SEWARD -- 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 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
       S. 7716                             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.