Bill Text: NY S05200 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO LOCAL GOVERNMENT [S05200 Detail]

Download: New_York-2015-S05200-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5200
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      May 7, 2015
                                      ___________
       Introduced  by  Sen. RITCHIE -- 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 Oswego county
         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 OSWEGO ENHANCED 911 EMERGENCY TELEPHONE SYSTEM.  1.
    4  NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE COUNTY OF
    5  OSWEGO 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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10480-01-5
       S. 5200                             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 provided, however that the
   10  provisions of subdivision 1 of section 336 of the county law as added by
   11  section  one of this act shall apply to bills rendered to communications
   12  service customers by a communications service supplier on and after  the
   13  expiration  of  the notice period required pursuant to the provisions of
   14  subdivision 3 of such section; and a  service  supplier  may  treat  the
   15  address  used  by  such supplier for any communications customer under a
   16  service contract or agreement in effect on the  effective  date  of  the
   17  local  law  imposing  such  surcharge, as that communications customer's
   18  place of primary use for the remaining term of such service contract  or
   19  agreement,  excluding  any extension or renewal of such service contract
   20  or agreement, for purposes of determining the taxing  jurisdiction  with
   21  respect to taxes on communications service.