Assembly Bill A7144C

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7144

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 2, 2013
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Ways and Means

AN ACT to amend the tax law, in relation to creating a telecommunication
  industry jobs tax credit; to amend the labor law, in relation  to  the
  New York call center jobs act; and to amend the public service law, in
  relation to utility service call centers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The tax law is amended by adding a new section 39  to  read
as follows:
  S  39.  TELECOMMUNICATION  INDUSTRY  JOBS TAX CREDIT. (A) ALLOWANCE OF
CREDIT. AN ELIGIBLE TAXPAYER  SHALL  BE  ALLOWED  A  CREDIT,  OF  TWENTY
PERCENT  OF THE QUALIFIED WAGES.  THE TAXPAYER MAY CLAIM THIS CREDIT FOR
EACH NEW EMPLOYEE FOR A PERIOD OF THREE CONSECUTIVE YEARS OF EMPLOYMENT.
  (B) DEFINITIONS. (1) "ELIGIBLE TAXPAYER" MEANS EVERY TELECOMMUNICATION
AND CABLE CORPORATION, THEIR SUBSIDIARIES OR THEIR INDEPENDENT  CONTRAC-
TORS  WHICH  FURNISH TRADITIONAL LANDLINE TELEPHONE SERVICE, FIBER OPTIC
SERVICE,  VOICE  OVER  INTERNET  PROTOCOL  (VOIP),  CABLE  OR   INTERNET
SERVICES,  THAT IS AN "EMPLOYER" AS DEFINED IN PARAGRAPH (A) OF SUBDIVI-
SION TWO OF SECTION SEVEN HUNDRED SEVENTY OF THE LABOR LAW.
  (2) "CALL CENTER" SHALL MEAN A FACILITY  OR  OTHER  OPERATION  WHEREBY
EMPLOYEES  RECEIVE TELEPHONE CALLS OR OTHER ELECTRONIC COMMUNICATION FOR
THE PURPOSE OF PROVIDING CUSTOMER ASSISTANCE OR  OTHER  SERVICES  DESIG-
NATED IN PARAGRAPH THREE OF THIS SUBDIVISION.
  (3)  "CALL  CENTER  JOB" SHALL MEAN THE CREATION OF OR RELOCATION OF A
NEW CALL CENTER SERVICE ASSISTANCE JOB IN THIS STATE INCLUDING, BUT  NOT
LIMITED  TO  OPERATOR  SERVICES,  REPAIR  SERVICES, DIRECTORY ASSISTANCE
BUREAUS,  RESIDENTIAL  AND  BUSINESS  CUSTOMER  ASSISTANCE,   AND   CALL
COMPLETION SERVICES FOR THE FOLLOWING TASKS:
  (A)  EXPLAINING  COMPANY  RATES,  REGULATIONS,  POLICIES,  PROCEDURES,
EQUIPMENT, CUSTOMER SERVICE OPTIONS AND COMMON PRACTICES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09123-05-3
              

A. 7144                             2

  (B) DETERMINING CUSTOMER FINANCIAL RESPONSIBILITY, REQUIRED  DEPOSITS,
BILLING RATES, OR HANDLING PAYMENT AND OTHER CREDIT ARRANGEMENTS SUCH AS
OBTAINING DEPOSITS, FINANCIAL STATEMENTS AND PAYMENT PLANS;
  (C) TAKING REQUESTS FOR NEW OR ADDITIONAL SERVICES, INCLUDING, BUT NOT
LIMITED TO, EMERGENCY SERVICE, COMPLETING ASSISTANCE WITH DIALING, USING
CALLING CARDS, CONNECTING COLLECT CALLS, BUSY LINE VERIFICATION OR RELAY
CENTERS FOR THE HEARING IMPAIRED, PROVIDING REQUESTED LOCAL AND NATIONAL
TELEPHONE  NUMBERS,  REVERSE NUMBER SEARCHES AND TAKING REQUESTS FOR AND
COMPLETING THE PUBLISHING AND NON-PUBLISHING OF A TELEPHONE NUMBER,  AND
PROVIDING ASSISTANCE TO PAYPHONE CUSTOMERS; AND
  (D)  PREPARING  INSTALLATION  AND  REPAIR SERVICE ORDERS AND OBTAINING
ACCESS TO SUBSCRIBER'S PREMISES.
  (4) "QUALIFIED WAGES" SHALL MEAN GROSS WAGES PAID TO ANY NEW  EMPLOYEE
DURING THE TAXABLE YEAR WHICH MEETS THE DEFINITION OF A CALL CENTER JOB.
  (5)  "NEW EMPLOYEE" SHALL MEAN ANY FULL TIME EMPLOYEE THAT IS HIRED BY
THE TAXPAYER AFTER JULY FIRST, TWO THOUSAND  THIRTEEN  THAT  CAUSES  THE
TOTAL  NUMBER  OF  EMPLOYEES TO INCREASE ABOVE BASE EMPLOYMENT OR CREDIT
EMPLOYMENT, WHICHEVER IS HIGHER, WHO IS DOING THE SAME OR  SUBSTANTIALLY
SIMILAR WORK, AND AT THE PAY RATE AND BENEFIT LEVEL OF OTHER CALL CENTER
JOBS  IN THE GEOGRAPHIC AREA WITHIN THIS STATE OR WITHIN THE CORPORATION
AND ITS SUBSIDIARIES IN THIS STATE.
  (6) "BASE YEAR" SHALL MEAN CALENDAR YEAR TWO THOUSAND TWELVE.
  (7) "BASE EMPLOYMENT" SHALL MEAN  THE  AVERAGE  NUMBER  OF  FULL  TIME
EMPLOYEES  OR FULL TIME EQUIVALENT EMPLOYEES DURING THE BASE YEAR. FOR A
NEW BUSINESS, BASE EMPLOYMENT SHALL BEGIN AT ZERO.
  (8) "CREDIT EMPLOYMENT" SHALL MEAN BASE EMPLOYMENT PLUS THE NUMBER  OF
NEW EMPLOYEES FOR WHICH A CREDIT IS EARNED FOR THE PRIOR TAX YEARS.
  (C)  CROSS-REFERENCES.  FOR APPLICATION OF THE CREDIT PROVIDED IN THIS
SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
  (1) ARTICLE 9: SECTION 187-T
  (2) ARTICLE 9-A: SECTION 210: SUBDIVISION 47
  S 2. Section 210 of the tax law is amended by adding a new subdivision
47 to read as follows:
  47. TELECOMMUNICATION INDUSTRY JOBS TAX CREDIT. (A) ALLOWANCE OF CRED-
IT. A TAXPAYER WILL BE ALLOWED A CREDIT, TO BE COMPUTED AS  PROVIDED  IN
SECTION  THIRTY-NINE  OF  THIS  CHAPTER, AGAINST THE TAX IMPOSED BY THIS
ARTICLE.
  (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER  THIS  SUBDIVISION
FOR  ANY  TAXABLE  YEAR MAY NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
THAN THE HIGHER OF THE AMOUNTS PRESCRIBED IN PARAGRAPHS (C) AND  (D)  OF
SUBDIVISION  ONE  OF  THIS  SECTION.  HOWEVER,  IF  THE AMOUNT OF CREDIT
ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE  TAX  TO
SUCH  AMOUNT,  ANY  EXCESS  AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN SUCH
TAXABLE YEAR MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS,  FOR  A
MAXIMUM OF TEN CONSECUTIVE YEARS.
  S  3.  The tax law is amended by adding a new section 187-t to read as
follows:
  S 187-T. TELECOMMUNICATION INDUSTRY JOBS TAX CREDIT. 1.  ALLOWANCE  OF
CREDIT. A TAXPAYER, SUBJECT TO THE TAX IMPOSED BY THIS ARTICLE, WHICH IS
A  TELECOMMUNICATION  OR  CABLE COMPANY SHALL BE ALLOWED A CREDIT, TO BE
COMPUTED AS PROVIDED IN SECTION THIRTY-NINE OF THIS CHAPTER, AGAINST THE
TAX IMPOSED BY SECTION ONE HUNDRED EIGHTY-SIX-A OF THIS ARTICLE.
  2. APPLICATION OF CREDIT.  IF THE AMOUNT OF CREDIT ALLOWED UNDER  THIS
SECTION  FOR  ANY TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH YEAR,
ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE MAY BE CARRIED FORWARD  TO  THE
FOLLOWING YEAR OR YEARS, FOR A MAXIMUM OF FIVE CONSECUTIVE YEARS.

A. 7144                             3

  S  4.  The  labor law is amended by adding a new article 21 to read as
follows:
                               ARTICLE 21
                      NEW YORK CALL CENTER JOBS ACT
SECTION 770. DEFINITIONS.
        771. LIST OF RELOCATED CALL CENTERS.
        772. GRANTS, GUARANTEED LOANS AND TAX BENEFITS.
        773. PROCUREMENT CONTRACTS.
        774. STATE BENEFITS FOR WORKERS.
        775. NO PRIVATE RIGHT OF ACTION.
  S 770. DEFINITIONS. AS USED IN THIS ARTICLE:
  1.  THE TERM "CALL CENTER" MEANS A FACILITY OR OTHER OPERATION WHEREBY
EMPLOYEES RECEIVE TELEPHONE CALLS OR OTHER ELECTRONIC COMMUNICATION  FOR
THE PURPOSE OF PROVIDING CUSTOMER ASSISTANCE OR OTHER SERVICE DESIGNATED
IN  PARAGRAPH THREE OF SUBDIVISION (B) OF SECTION THIRTY-NINE OF THE TAX
LAW.
  2. (A) THE TERM "EMPLOYER" MEANS EVERY  TELECOMMUNICATIONS  AND  CABLE
CORPORATION,  AND THEIR SUBSIDIARIES OR INDEPENDENT CONTRACTORS, THAT IS
AN ELIGIBLE TAXPAYER, AS DEFINED IN PARAGRAPH ONE OF SUBDIVISION (B)  OF
SECTION  THIRTY-NINE  OF  THE  TAX  LAW,  AND THAT EMPLOYS FIFTY OR MORE
EMPLOYEES, EXCLUDING PART-TIME EMPLOYEES; OR  FIFTY  OR  MORE  EMPLOYEES
THAT  IN  THE  AGGREGATE  WORK  AT LEAST FIFTEEN HUNDRED HOURS PER WEEK,
EXCLUDING OVERTIME HOURS, FOR THE PURPOSE OF STAFFING A CALL CENTER.
  (B) THE TERM "PART-TIME EMPLOYEE" MEANS AN EMPLOYEE  WHO  IS  EMPLOYED
FOR  AN  AVERAGE  OF  FEWER  THAN  TWENTY HOURS PER WEEK OR WHO HAS BEEN
EMPLOYED FOR FEWER THAN SIX OF THE TWELVE MONTHS PRECEDING THE  DATE  ON
WHICH NOTICE IS REQUIRED UNDER THIS ARTICLE.
  S 771. LIST OF RELOCATED CALL CENTERS.  1. A CALL CENTER EMPLOYER THAT
INTENDS  TO RELOCATE A CALL CENTER, OR ONE OR MORE FACILITIES OR OPERAT-
ING UNITS WITHIN A CALL CENTER COMPRISING THIRTY PERCENT OR MORE OF  THE
CALL  CENTER'S,  OR OPERATING UNIT'S, TOTAL VOLUME WHEN MEASURED AGAINST
THE PREVIOUS TWELVE MONTH AVERAGE CALL VOLUME OF OPERATIONS OR  SUBSTAN-
TIALLY  SIMILAR  OPERATIONS,  FROM THIS STATE TO A FOREIGN COUNTRY SHALL
NOTIFY THE COMMISSIONER AT LEAST ONE  HUNDRED  DAYS  BEFORE  SUCH  RELO-
CATION.
  2.  A  CALL  CENTER  EMPLOYER  THAT  VIOLATES  SUBDIVISION ONE OF THIS
SECTION SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED  TEN  THOUSAND
DOLLARS FOR EACH DAY OF SUCH VIOLATION, EXCEPT THAT THE COMMISSIONER MAY
REDUCE SUCH AMOUNT FOR JUST CAUSE SHOWN.
  3. THE COMMISSIONER SHALL COMPILE A SEMIANNUAL LIST OF ALL CALL CENTER
EMPLOYERS  THAT  RELOCATE  A  CALL  CENTER, OR ONE OR MORE FACILITIES OR
OPERATING UNITS WITHIN A CALL CENTER COMPRISING THIRTY PERCENT  OR  MORE
OF  THE  CALL  CENTER'S TOTAL VOLUME OF OPERATIONS, FROM THIS STATE TO A
FOREIGN COUNTRY.
  4. THE COMMISSIONER SHALL DISTRIBUTE THE LIST REQUIRED IN THIS SECTION
TO ALL RELEVANT AGENCIES IN THE STATE THAT MAY NEED SUCH LIST.
  S 772. GRANTS,  GUARANTEED  LOANS  AND  TAX  BENEFITS.  1.  EXCEPT  AS
PROVIDED  IN  SUBDIVISION  THREE OF THIS SECTION AND NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, A CALL CENTER EMPLOYER THAT APPEARS ON THE  LIST
DESCRIBED  IN SECTION SEVEN HUNDRED SEVENTY-ONE OF THIS ARTICLE SHALL BE
INELIGIBLE FOR ANY DIRECT OR INDIRECT  STATE  GRANTS,  STATE  GUARANTEED
LOANS, TAX BENEFITS OR OTHER FINANCIAL GOVERNMENTAL SUPPORT FOR A PERIOD
OF FIVE YEARS FROM THE DATE SUCH LIST IS PUBLISHED.
  2.  EXCEPT  AS  PROVIDED  IN  SUBDIVISION  THREE  OF  THIS SECTION AND
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A CALL CENTER EMPLOYER  THAT
APPEARS  ON  THE  LIST DESCRIBED IN SECTION SEVEN HUNDRED SEVENTY-ONE OF

A. 7144                             4

THIS ARTICLE SHALL REMIT THE UNAMORTIZED VALUE OF ANY GRANT  OR  GUARAN-
TEED  LOANS,  OR  ANY  TAX BENEFITS OR OTHER GOVERNMENTAL SUPPORT IT HAS
PREVIOUSLY RECEIVED TO THE COMMISSIONER IN THE PREVIOUS FIVE YEARS.  THE
PROVISIONS  OF  THIS SUBDIVISION SHALL APPLY TO GRANTS, LOANS, TAX BENE-
FITS AND FINANCIAL GOVERNMENTAL ASSISTANCE THAT IS RECEIVED ON OR  AFTER
THE EFFECTIVE DATE OF THIS ARTICLE.
  3.  THE  COMMISSIONER,  IN  CONSULTATION  WITH  THE APPROPRIATE AGENCY
PROVIDING A LOAN OR GRANT, MAY  WAIVE  THE  REQUIREMENT  PROVIDED  UNDER
SUBDIVISION  TWO  OF THIS SECTION IF THE EMPLOYER DEMONSTRATES THAT SUCH
REQUIREMENT WOULD:
  (A) THREATEN STATE OR NATIONAL SECURITY;
  (B) RESULT IN SUBSTANTIAL JOB LOSS IN THE STATE;
  (C) VIOLATE THE CONTRACTUAL OBLIGATIONS OF THE STATE OR  OF  THE  CALL
CENTER EMPLOYER; OR
  (D) HARM THE ENVIRONMENT.
  S  773.  PROCUREMENT  CONTRACTS.  THE  HEAD OF EACH STATE AGENCY SHALL
ENSURE THAT ALL STATE-BUSINESS-RELATED CALL CENTER AND CUSTOMER  SERVICE
WORK BE PERFORMED BY STATE CONTRACTORS OR OTHER AGENTS OR SUBCONTRACTORS
ENTIRELY  WITHIN THE STATE. STATE CONTRACTORS WHO CURRENTLY PERFORM SUCH
WORK OUTSIDE THE STATE SHALL HAVE TWO YEARS FOLLOWING THE EFFECTIVE DATE
OF THIS ARTICLE TO COMPLY WITH THIS SECTION; PROVIDED, THAT IF ANY  SUCH
CONTRACTORS  WHICH PERFORM WORK OUTSIDE THIS STATE ADDS CUSTOMER SERVICE
EMPLOYEES WHO WILL PERFORM WORK ON SUCH CONTRACTS, THOSE  NEW  EMPLOYEES
SHALL IMMEDIATELY BE EMPLOYED WITHIN THE STATE.
  S  774. STATE BENEFITS FOR WORKERS. NO PROVISION OF THIS ARTICLE SHALL
BE CONSTRUED TO PERMIT WITHHOLDING OR DENIAL OF PAYMENTS,  COMPENSATION,
OR  BENEFITS  UNDER  ANY  OTHER  STATE LAW, INCLUDING BUT NOT LIMITED TO
STATE UNEMPLOYMENT COMPENSATION, DISABILITY PAYMENTS OR WORKER  RETRAIN-
ING  OR  READJUSTMENT FUNDS, TO WORKERS EMPLOYED BY EMPLOYERS THAT RELO-
CATE TO A FOREIGN COUNTRY.
  S 775. NO PRIVATE RIGHT OF ACTION. NOTHING SET FORTH IN  THIS  ARTICLE
SHALL  BE  CONSTRUED AS CREATING, ESTABLISHING, OR AUTHORIZING A PRIVATE
CAUSE OF ACTION BY AN AGGRIEVED  PERSON  AGAINST  AN  EMPLOYER  WHO  HAS
VIOLATED, OR IS ALLEGED TO HAVE VIOLATED, ANY PROVISION OF THIS ARTICLE.
  S  5.  Section 65 of the public service law is amended by adding a new
subdivision 16 to read as follows:
  16. (A) EVERY TELECOMMUNICATION  CORPORATION  AND  THEIR  SUBSIDIARIES
FURNISHING  TRADITIONAL LANDLINE TELEPHONE SERVICE, FIBER OPTIC SERVICE,
VOICE OVER INTERNET PROTOCOL (VOIP), CABLE OR  INTERNET  SERVICES  SHALL
PROVIDE  CALL  CENTER  SERVICE  ASSISTANCE INCLUDING, BUT NOT LIMITED TO
OPERATOR SERVICES, DIRECTORY  ASSISTANCE  BUREAUS  AND  CALL  COMPLETION
SERVICES FOR THE FOLLOWING:
  (1)  EXPLAINING  COMPANY  RATES,  REGULATIONS,  POLICIES,  PROCEDURES,
EQUIPMENT, CUSTOMER SERVICE OPTIONS AND COMMON PRACTICES;
  (2) DETERMINING CUSTOMER FINANCIAL RESPONSIBILITY, REQUIRED  DEPOSITS,
BILLING RATES, OR HANDLING PAYMENT AND OTHER CREDIT ARRANGEMENTS SUCH AS
OBTAINING DEPOSITS, FINANCIAL STATEMENTS AND PAYMENT PLANS;
  (3) TAKING REQUESTS FOR NEW OR ADDITIONAL SERVICES, INCLUDING, BUT NOT
LIMITED TO, EMERGENCY SERVICE, COMPLETING ASSISTANCE WITH DIALING, USING
CALLING CARDS, CONNECTING COLLECT CALLS, BUSY LINE VERIFICATION OR RELAY
CENTERS FOR THE HEARING IMPAIRED, PROVIDING REQUESTED LOCAL AND NATIONAL
TELEPHONE  NUMBERS,  REVERSE NUMBER SEARCHES AND TAKING REQUESTS FOR AND
COMPLETING THE PUBLISHING AND NON-PUBLISHING OF A TELEPHONE NUMBER,  AND
PROVIDING ASSISTANCE TO PAYPHONE CUSTOMERS; AND
  (4)  PREPARING  INSTALLATION  AND  REPAIR SERVICE ORDERS AND OBTAINING
ACCESS TO SUBSCRIBER'S PREMISES.

A. 7144                             5

  (B) NO TELECOMMUNICATION CORPORATION SHALL  CLOSE  A  CALL  CENTER  OR
OTHER  FACILITY PROVIDING THE CUSTOMER ASSISTANCE SET FORTH IN PARAGRAPH
(A) OF THIS SUBDIVISION OR RELOCATE SUCH CUSTOMER ASSISTANCE TO  ANOTHER
AREA  OF  NEW YORK STATE OR OUTSIDE OF NEW YORK STATE WITHOUT NOTICE AND
HEARING BEFORE THE COMMISSION.
  (C) THIS SUBDIVISION SHALL NOT APPLY TO THE COLLECTION OF DEBT WHEREBY
UTILITY  COMPANY  POLICY SUCH DEBT IS DIRECTED TO A COLLECTION AGENCY OR
SIMILAR SERVICE COMPANIES.
  S 6. This act shall take effect immediately, provided that:
  (a) sections one, two and three of this act  shall  apply  to  taxable
years beginning on and after January 1, 2013; and
  (b)  sections  four  and five of this act shall take effect on the one
hundred eightieth day after this act shall have become a law.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7144--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 2, 2013
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL,  COLTON, CAHILL, STIRPE, SKOUFIS,
  CUSICK, SCARBOROUGH, MAISEL, MOSLEY, HENNESSEY, JAFFEE, KIM,  SCHIMEL,
  BENEDETTO,  GOTTFRIED,  LAVINE,  THIELE, ABINANTI, ENGLEBRIGHT, RAMOS,
  OTIS, ROBERTS, ROZIC, SANTABARBARA,  STECK,  GIBSON,  DINOWITZ,  RYAN,
  JACOBS,  MAYER,  LUPARDO,  GUNTHER,  KELLNER,  BARRETT,  MOYA, WEPRIN,
  RUSSELL, SIMOTAS,  BROOK-KRASNY,  LIFTON,  BRONSON,  GALEF,  BRINDISI,
  HOOPER  -- Multi-Sponsored by -- M. of A. ARROYO, CLARK, COOK, CRESPO,
  GARBARINO, GLICK, JOHNS, LENTOL, LUPINACCI, MARKEY, McDONALD, MILLMAN,
  NOLAN, PAULIN, PERRY, RIVERA, ROBINSON, RODRIGUEZ, SEPULVEDA,  SKARTA-
  DOS,  SOLAGES,  SWEENEY,  WEISENBERG  -- read once and referred to the
  Committee on Ways and Means --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT to amend the public service law and the general business law, in
  relation to call centers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 65 of the public service law is amended by adding a
new subdivision 16 to read as follows:
  16.  (A)  EVERY  TELECOMMUNICATION  CORPORATION AND THEIR SUBSIDIARIES
FURNISHING TRADITIONAL LANDLINE TELEPHONE SERVICE, FIBER OPTIC  SERVICE,
VOICE  OVER  INTERNET  PROTOCOL (VOIP), CABLE OR INTERNET SERVICES SHALL
PROVIDE CALL CENTER SERVICE ASSISTANCE INCLUDING,  BUT  NOT  LIMITED  TO
OPERATOR  SERVICES,  DIRECTORY  ASSISTANCE  BUREAUS  AND CALL COMPLETION
SERVICES FOR THE FOLLOWING:
  (1)  EXPLAINING  COMPANY  RATES,  REGULATIONS,  POLICIES,  PROCEDURES,
EQUIPMENT, CUSTOMER SERVICE OPTIONS AND COMMON PRACTICES;
  (2)  DETERMINING CUSTOMER FINANCIAL RESPONSIBILITY, REQUIRED DEPOSITS,
BILLING RATES, OR HANDLING PAYMENT AND OTHER CREDIT ARRANGEMENTS SUCH AS
OBTAINING DEPOSITS, FINANCIAL STATEMENTS AND PAYMENT PLANS;
  (3) TAKING REQUESTS FOR NEW OR ADDITIONAL SERVICES, INCLUDING, BUT NOT
LIMITED TO, EMERGENCY SERVICE, COMPLETING ASSISTANCE WITH DIALING, USING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09123-07-3
              

A. 7144--A                          2

CALLING CARDS, CONNECTING COLLECT CALLS, BUSY LINE VERIFICATION OR RELAY
CENTERS FOR THE HEARING IMPAIRED, PROVIDING REQUESTED LOCAL AND NATIONAL
TELEPHONE NUMBERS, REVERSE NUMBER SEARCHES AND TAKING REQUESTS  FOR  AND
COMPLETING  THE PUBLISHING AND NON-PUBLISHING OF A TELEPHONE NUMBER, AND
PROVIDING ASSISTANCE TO PAYPHONE CUSTOMERS; AND
  (4) PREPARING INSTALLATION AND REPAIR  SERVICE  ORDERS  AND  OBTAINING
ACCESS TO SUBSCRIBER'S PREMISES.
  (B)  NO  TELECOMMUNICATION  CORPORATION  SHALL  CLOSE A CALL CENTER OR
OTHER FACILITY PROVIDING THE CUSTOMER ASSISTANCE SET FORTH IN  PARAGRAPH
(A)  OF THIS SUBDIVISION OR RELOCATE SUCH CUSTOMER ASSISTANCE TO ANOTHER
AREA OF NEW YORK STATE OR OUTSIDE OF NEW YORK STATE WITHOUT  NOTICE  AND
HEARING BEFORE THE COMMISSION.
  (C) THIS SUBDIVISION SHALL NOT APPLY TO THE COLLECTION OF DEBT WHEREBY
UTILITY  COMPANY  POLICY SUCH DEBT IS DIRECTED TO A COLLECTION AGENCY OR
SIMILAR SERVICE COMPANIES.
  S 2. The general business law is amended by adding a new section  399-
yyy to read as follows:
  S 399-YYY. CALL CENTER SERVICE ASSISTANCE.  1. EVERY TELECOMMUNICATION
CORPORATION AND THEIR SUBSIDIARIES FURNISHING TRADITIONAL LANDLINE TELE-
PHONE SERVICE, FIBER OPTIC SERVICE, VOICE OVER INTERNET PROTOCOL (VOIP),
CABLE  OR INTERNET SERVICES SHALL PROVIDE CALL CENTER SERVICE ASSISTANCE
INCLUDING, BUT NOT LIMITED TO OPERATOR  SERVICES,  DIRECTORY  ASSISTANCE
BUREAUS AND CALL COMPLETION SERVICES FOR THE FOLLOWING:
  (A)  EXPLAINING  COMPANY  RATES,  REGULATIONS,  POLICIES,  PROCEDURES,
EQUIPMENT, CUSTOMER SERVICE OPTIONS AND COMMON PRACTICES;
  (B) DETERMINING CUSTOMER FINANCIAL RESPONSIBILITY, REQUIRED  DEPOSITS,
BILLING RATES, OR HANDLING PAYMENT AND OTHER CREDIT ARRANGEMENTS SUCH AS
OBTAINING DEPOSITS, FINANCIAL STATEMENTS AND PAYMENT PLANS;
  (C) TAKING REQUESTS FOR NEW OR ADDITIONAL SERVICES, INCLUDING, BUT NOT
LIMITED TO, EMERGENCY SERVICE, COMPLETING ASSISTANCE WITH DIALING, USING
CALLING CARDS, CONNECTING COLLECT CALLS, BUSY LINE VERIFICATION OR RELAY
CENTERS FOR THE HEARING IMPAIRED, PROVIDING REQUESTED LOCAL AND NATIONAL
TELEPHONE  NUMBERS,  REVERSE NUMBER SEARCHES AND TAKING REQUESTS FOR AND
COMPLETING THE PUBLISHING AND NON-PUBLISHING OF A TELEPHONE NUMBER,  AND
PROVIDING ASSISTANCE TO PAY PHONE CUSTOMERS; AND
  (D)  PREPARING  INSTALLATION  AND  REPAIR SERVICE ORDERS AND OBTAINING
ACCESS TO SUBSCRIBER'S PREMISES.
  2. NO TELECOMMUNICATION CORPORATION SHALL CLOSE A CALL CENTER OR OTHER
FACILITY PROVIDING THE CUSTOMER ASSISTANCE SET FORTH IN SUBDIVISION  ONE
OF  THIS SECTION OR RELOCATE SUCH CUSTOMER ASSISTANCE TO ANOTHER AREA OF
NEW YORK STATE OR OUTSIDE OF NEW YORK STATE WITHOUT NOTICE  AND  HEARING
BEFORE THE PUBLIC SERVICE COMMISSION.
  3.  THIS  SECTION  SHALL  NOT  APPLY TO THE COLLECTION OF DEBT WHEREBY
UTILITY COMPANY POLICY SUCH DEBT IS DIRECTED TO A COLLECTION  AGENCY  OR
SIMILAR SERVICE COMPANIES.
  S 3. This act shall take effect on the one hundred eightieth day after
this act shall have become a law.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7144--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 2, 2013
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL,  COLTON, CAHILL, STIRPE, SKOUFIS,
  CUSICK, SCARBOROUGH, MAISEL, MOSLEY, HENNESSEY, JAFFEE, KIM,  SCHIMEL,
  BENEDETTO,  GOTTFRIED,  LAVINE,  THIELE, ABINANTI, ENGLEBRIGHT, RAMOS,
  OTIS, ROBERTS, ROZIC, SANTABARBARA,  STECK,  GIBSON,  DINOWITZ,  RYAN,
  JACOBS,  MAYER,  LUPARDO,  GUNTHER,  KELLNER,  BARRETT,  MOYA, WEPRIN,
  RUSSELL, SIMOTAS,  BROOK-KRASNY,  LIFTON,  BRONSON,  GALEF,  BRINDISI,
  HOOPER,  BUCHWALD  --  Multi-Sponsored  by  -- M. of A. ARROYO, CLARK,
  COOK, CRESPO, GARBARINO,  GLICK,  JOHNS,  LENTOL,  LUPINACCI,  MARKEY,
  McDONALD,  MILLMAN, NOLAN, PAULIN, PERRY, RIVERA, ROBINSON, RODRIGUEZ,
  SEPULVEDA, SKARTADOS, SOLAGES, SWEENEY, WEISENBERG --  read  once  and
  referred  to  the Committee on Ways and Means -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  --  again  reported  from  said  committee with amendments,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the public service law and the general business law,  in
  relation to call centers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 65 of the public service law is amended by adding a
new subdivision 16 to read as follows:
  16. (A) EVERY TELECOMMUNICATION COMPANY CERTIFIED  BY  THE  COMMISSION
AND  THEIR SUBSIDIARIES PROVIDING CALL CENTER SERVICE ASSISTANCE INCLUD-
ING, BUT NOT LIMITED TO OPERATOR SERVICES, DIRECTORY ASSISTANCE  BUREAUS
AND CALL COMPLETION SERVICES FOR THE FOLLOWING:
  (1)  EXPLAINING  COMPANY  RATES,  REGULATIONS,  POLICIES,  PROCEDURES,
EQUIPMENT, CUSTOMER SERVICE OPTIONS AND COMMON PRACTICES;
  (2) DETERMINING CUSTOMER FINANCIAL RESPONSIBILITY, REQUIRED  DEPOSITS,
BILLING RATES, OR HANDLING PAYMENT AND OTHER CREDIT ARRANGEMENTS SUCH AS
OBTAINING DEPOSITS, FINANCIAL STATEMENTS AND PAYMENT PLANS;
  (3) TAKING REQUESTS FOR NEW OR ADDITIONAL SERVICES, INCLUDING, BUT NOT
LIMITED TO, EMERGENCY SERVICE, COMPLETING ASSISTANCE WITH DIALING, USING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09123-10-3
              

A. 7144--B                          2

CALLING CARDS, CONNECTING COLLECT CALLS, BUSY LINE VERIFICATION OR RELAY
CENTERS FOR THE HEARING IMPAIRED, PROVIDING REQUESTED LOCAL AND NATIONAL
TELEPHONE  NUMBERS,  REVERSE NUMBER SEARCHES AND TAKING REQUESTS FOR AND
COMPLETING  THE PUBLISHING AND NON-PUBLISHING OF A TELEPHONE NUMBER, AND
PROVIDING ASSISTANCE TO PAYPHONE CUSTOMERS; AND
  (4) PREPARING INSTALLATION AND REPAIR  SERVICE  ORDERS  AND  OBTAINING
ACCESS TO SUBSCRIBER'S PREMISES.
  (B)  NO TELECOMMUNICATION COMPANY CERTIFIED BY THE COMMISSION OR THEIR
SUBSIDIARIES SHALL CLOSE A CALL CENTER OR OTHER FACILITY  PROVIDING  THE
CUSTOMER  ASSISTANCE  SET  FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION OR
RELOCATE SUCH CUSTOMER ASSISTANCE TO ANOTHER AREA OF NEW YORK  STATE  OR
OUTSIDE  OF NEW YORK STATE WITHOUT NOTICE AND HEARING BEFORE THE COMMIS-
SION.
  (C) THIS SUBDIVISION SHALL NOT APPLY TO THE COLLECTION OF  DEBT  WHERE
BY  COMPANY POLICY SUCH DEBT IS DIRECTED TO A COLLECTION AGENCY OR SIMI-
LAR SERVICE COMPANIES.
  S 2. The general business law is amended by adding a new section  399-
yyy to read as follows:
  S 399-YYY. CALL CENTER SERVICE ASSISTANCE.  1. EVERY TELECOMMUNICATION
COMPANY  CERTIFIED  BY  THE  PUBLIC SERVICE COMMISSION AND THEIR SUBSID-
IARIES PROVIDING CALL  CENTER  SERVICE  ASSISTANCE  INCLUDING,  BUT  NOT
LIMITED  TO  OPERATOR  SERVICES,  DIRECTORY  ASSISTANCE BUREAUS AND CALL
COMPLETION SERVICES FOR THE FOLLOWING:
  (A)  EXPLAINING  COMPANY  RATES,  REGULATIONS,  POLICIES,  PROCEDURES,
EQUIPMENT, CUSTOMER SERVICE OPTIONS AND COMMON PRACTICES;
  (B)  DETERMINING CUSTOMER FINANCIAL RESPONSIBILITY, REQUIRED DEPOSITS,
BILLING RATES, OR HANDLING PAYMENT AND OTHER CREDIT ARRANGEMENTS SUCH AS
OBTAINING DEPOSITS, FINANCIAL STATEMENTS AND PAYMENT PLANS;
  (C) TAKING REQUESTS FOR NEW OR ADDITIONAL SERVICES, INCLUDING, BUT NOT
LIMITED TO, EMERGENCY SERVICE, COMPLETING ASSISTANCE WITH DIALING, USING
CALLING CARDS, CONNECTING COLLECT CALLS, BUSY LINE VERIFICATION OR RELAY
CENTERS FOR THE HEARING IMPAIRED, PROVIDING REQUESTED LOCAL AND NATIONAL
TELEPHONE NUMBERS, REVERSE NUMBER SEARCHES AND TAKING REQUESTS  FOR  AND
COMPLETING  THE PUBLISHING AND NON-PUBLISHING OF A TELEPHONE NUMBER, AND
PROVIDING ASSISTANCE TO PAY PHONE CUSTOMERS; AND
  (D) PREPARING INSTALLATION AND REPAIR  SERVICE  ORDERS  AND  OBTAINING
ACCESS TO SUBSCRIBER'S PREMISES.
  2.  NO  TELECOMMUNICATION  COMPANY  CERTIFIED  BY  THE  PUBLIC SERVICE
COMMISSION OR THEIR SUBSIDIARIES SHALL CLOSE  A  CALL  CENTER  OR  OTHER
FACILITY  PROVIDING THE CUSTOMER ASSISTANCE SET FORTH IN SUBDIVISION ONE
OF THIS SECTION OR RELOCATE SUCH CUSTOMER ASSISTANCE TO ANOTHER AREA  OF
NEW  YORK  STATE OR OUTSIDE OF NEW YORK STATE WITHOUT NOTICE AND HEARING
BEFORE THE PUBLIC SERVICE COMMISSION.
  3. THIS SECTION SHALL NOT APPLY TO THE COLLECTION  OF  DEBT  WHERE  BY
COMPANY  POLICY  SUCH DEBT IS DIRECTED TO A COLLECTION AGENCY OR SIMILAR
SERVICE COMPANIES.
  S 3. This act shall take effect on the one hundred eightieth day after
this act shall have become a law.