senate Bill S5882B

Relates to communication service surcharges applied to Tompkins county

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 15 / Jun / 2009
    • REFERRED TO RULES
  • 22 / Jun / 2009
    • AMEND (T) AND RECOMMIT TO RULES
  • 22 / Jun / 2009
    • PRINT NUMBER 5882A
  • 22 / Jun / 2009
    • AMEND AND RECOMMIT TO RULES
  • 22 / Jun / 2009
    • PRINT NUMBER 5882B
  • 30 / Jun / 2009
    • ORDERED TO THIRD READING CAL.700
  • 30 / Jun / 2009
    • SUBSTITUTED BY A8923B

Summary

Relates to communication service surcharges applied to Tompkins county.

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Bill Details

See Assembly Version of this Bill:
A8923B
Versions:
S5882
S5882A
S5882B
Legislative Cycle:
2009-2010
Law Section:
County Law
Laws Affected:
Add ยง335, County L

Sponsor Memo

BILL NUMBER: S5882B

TITLE OF BILL :
An act to amend the county law, in relation to communication service
surcharges applied to Tompkins county and providing for the repeal of
such provisions upon expiration thereof

PURPOSE :
To permit Tompkins County to impose a surcharge on each telephone
landline to pay for the costs associated with obtaining, operating and
maintaining an enhanced emergency 911 communication system.

SUMMARY OF PROVISIONS :
Section 1 adds a new section 303a to the county law that would permit
Tompkins County to adopt, amend or repeal local laws to impose a
surcharge in an amount not to exceed one dollar per telephone landline
per month.

Section 2 declares that any such local law state the amount of the
surcharge, the date on which the service supplier begins to add the
surcharge, and the date on which the enhanced 911 service is to begin.
Section 2 also states the service provider may begin billing its
customers for the surcharge prior to the date the E911 system service
is to begin.

JUSTIFICATION :
This bill is being introduced at the request of Tompkins County acting
through its board. Tompkins County anticipates installing a
fully-interoperable emergency communication system, serving all
police, fire, and EMT agencies in the county. The cost of this project
is expected to reach $33 million. In an effort to fund this Project,
Tompkins County is requesting the ability to increase the telephone
surcharge imposed on landlines. If enacted into law, this act would
ensure that Tompkins County has the ability to impose a surcharge of
up to $1 on each line.

LEGISLATIVE HISTORY :
None.

FISCAL IMPLICATIONS :
None to the state.

EFFECTIVE DATE :
Immediately.
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5882--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 15, 2009
                               ___________

Introduced  by  Sens.  WINNER, SEWARD -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to  said  committee  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the county law, in relation to communication service
  surcharges applied to Tompkins 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:

  Section 1.  The county law is amended by adding a new section  335  to
read as follows:
  S 335. COUNTY OF TOMPKINS ENHANCED 911 EMERGENCY TELEPHONE SYSTEM.  1.
NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE COUNTY OF
TOMPKINS  ACTING  THROUGH  ITS  LOCAL COUNTY LEGISLATIVE BODY, IS HEREBY
AUTHORIZED AND EMPOWERED TO ADOPT, AMEND OR REPEAL LOCAL LAWS TO  IMPOSE
A  SURCHARGE, IN ADDITION TO THE SURCHARGE ESTABLISHED AND IMPOSED UNDER
SECTION THREE HUNDRED THREE OF THE COUNTY  LAW,  IN  AN  AMOUNT  NOT  TO
EXCEED  SIXTY-FIVE  CENTS  PER ACCESS LINE PER MONTH ON THE CUSTOMERS OF
EVERY SERVICE SUPPLIER WITHIN SUCH MUNICIPALITY TO  PAY  FOR  THE  COSTS
ASSOCIATED  WITH  OBTAINING,  OPERATING AND MAINTAINING THE TELECOMMUNI-
CATION EQUIPMENT AND TELEPHONE SERVICES NEEDED TO  PROVIDE  AN  ENHANCED
911 (E911) EMERGENCY TELEPHONE SYSTEM TO SERVE SUCH COUNTY.
  2.  ANY  SUCH  LOCAL  LAW SHALL STATE THE AMOUNT OF THE SURCHARGE, THE
DATE ON WHICH THE SERVICE SUPPLIER SHALL BEGIN TO ADD SUCH SURCHARGE  TO
THE  BILLINGS  OF ITS CUSTOMERS AND, TO THE EXTENT PRACTICABLE, THE DATE
ON WHICH SUCH E911 SERVICE IS TO BEGIN. SUCH LOCAL LAW MAY AUTHORIZE THE
SERVICE SUPPLIER TO BEGIN BILLING ITS CUSTOMERS FOR SUCH SURCHARGE PRIOR
TO THE DATE THE E911 SYSTEM SERVICE IS TO BEGIN.
  3. ANY SERVICE SUPPLIER WITHIN A  MUNICIPALITY  WHICH  HAS  IMPOSED  A
SURCHARGE  PURSUANT  TO  THE PROVISIONS OF THIS SECTION SHALL BE GIVEN A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14319-05-9

S. 5882--B                          2

MINIMUM OF FORTY-FIVE DAYS WRITTEN NOTICE PRIOR TO  THE  DATE  IT  SHALL
BEGIN TO ADD SUCH SURCHARGE TO THE BILLINGS OF ITS CUSTOMERS OR PRIOR TO
ANY MODIFICATION TO OR CHANGE IN THE SURCHARGE AMOUNT.
  4.  THE  SURCHARGE  ESTABLISHED  PURSUANT  TO  THE  PROVISIONS OF THIS
SECTION SHALL BE IMPOSED ON A PER ACCESS LINE BASIS ON ALL CURRENT BILLS
RENDERED FOR LOCAL EXCHANGE ACCESS SERVICE WITHIN THE 911 SERVICE AREA.
  5. NO SUCH SURCHARGE SHALL BE  IMPOSED  UPON  MORE  THAN  SEVENTY-FIVE
EXCHANGE ACCESS LINES PER CUSTOMER PER LOCATION.
  6.  LIFELINE  CUSTOMERS,  A  PUBLIC SAFETY AGENCY AND ANY MUNICIPALITY
WHICH HAS ENACTED A LOCAL LAW PURSUANT TO THE PROVISIONS OF THIS SECTION
SHALL BE EXEMPT FROM ANY SURCHARGE IMPOSED UNDER THIS SECTION.
  S 2. This act shall take effect immediately provided, however that:
  (a) this act shall expire and be deemed repealed 10 years  after  such
date;
  (b) the provisions of subdivision one of section 335 of the county law
as  added  by  section  one of this act shall apply to bills rendered to
communications service customers by a communications service supplier on
and after the expiration of the notice period required pursuant  to  the
provisions of subdivision three of such section; and
  (c) a service supplier may treat the address used by such supplier for
any  communications  customer  under  a service contract or agreement in
effect on the effective date of the local law imposing  such  surcharge,
as that communications customer's place of primary use for the remaining
term  of  such service contract or agreement, excluding any extension or
renewal of such service contract or agreement, for purposes of determin-
ing the taxing jurisdiction with  respect  to  taxes  on  communications
service.

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