NY State Senate Bill 2013-S4434C

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 05, 2014	print number 4434c
Mar 05, 2014	amend and recommit to investigations and government operations
Jan 08, 2014	referred to investigations and government operations
Jun 18, 2013	print number 4434b
Jun 18, 2013	amend (t) and recommit to investigations and government operations
May 24, 2013	print number 4434a
May 24, 2013	amend and recommit to investigations and government operations
Apr 01, 2013	referred to investigations and government operations

Bill Amendments

Original

C (Active)

co-Sponsors

2013-S4434 - Details

See Assembly Version of this Bill:: A7144
Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Service Law
Laws Affected:: Amd §65, Pub Serv L; add §399-yyy, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3635, A668
2017-2018: S5812, S6282, A4350, A7615
2019-2020: A567

2013-S4434 - Summary

Requires certain companies to operate and maintain call centers; prevents closure without notice and a hearing before the public service commission.

2013-S4434 - Sponsor Memo

                                BILL NUMBER:S4434

TITLE OF BILL:  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

PURPOSE:

The purpose of this bill is to preserve and create jobs in New York
State by incentivizing companies to create and expand their call
centers in New York State, and to improve customer service by
establishing requirements for telecommunication corporations that
provide call center service assistance.

SUMMARY OF PROVISIONS:

Sections 1, 2 and 3 of the bill amend various provisions of the tax
law to establish the telecommunication industry jobs tax credit.

Section 4 of the bill amends the labor law to establish the New York
Call Center Jobs Act.

Section 5 of the bill amends the public service law to establish
requirements for telecommunication corporations that provide call
center service assistance.

Section 6 of the bill is the effective date.

JUSTIFICATION:

Over the past four years, the United States has lost at least 500,000
call center jobs as businesses have opted to relocate out of state or
out of the country. In addition to limiting employment opportunities
for struggling families, the use of foreign call centers present a
number of security concerns with respect to protecting New Yorkers'
personal confidential information.

In an effort to combat unemployment in New York State, this bill
offers a tax incentive to companies who invest in New York jobs. This
measure gives companies throughout the state an incentive to support
New York's workforce. Further, this legislation establishes
restrictions on companies that move call center jobs out of the state
or the country. More specifically, this bill will restrict the
eligibility of such companies from various state programs and
benefits.

The final component of this bill will require telecommunication
corporations which provide telephone, cable or internet service to
provide call center service assistance. These call centers will
utilize services located within the state in order to determine
customer financial responsibility, processing requests for new or
additional services,,including emergency service, determining deposit
required or bill rate, preparing service orders arid obtaining access
to businesses and residential properties. These service center will
also provide customer assistance regarding explanation of rates,
regulations, policies, procedures, equipment, and common practices.


This legislation will provide support for the customers of telephone,
cable and/or internet services with clear access to information
regarding their service while supporting the service providers with
resources to maintain this system through services located within the
state.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately with phase-in provisions.

2013-S4434 - Bill Text download pdf

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

                                  4434

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 1, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

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 38  to  read
as follows:
  S  38.  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09123-04-3

S. 4434                             2

  (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 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-S
  (2) ARTICLE 9-A: SECTION 210: SUBDIVISION 46
  S 2. Section 210 of the tax law is amended by adding a new subdivision
46 to read as follows:
  46. 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-EIGHT 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-s to  read  as
follows:
  S  187-S.  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-EIGHT 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,

S. 4434                             3

ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE MAY BE CARRIED FORWARD  TO  THE
FOLLOWING YEAR OR YEARS, FOR A MAXIMUM OF FIVE CONSECUTIVE YEARS.
  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-EIGHT 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-EIGHT  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.

S. 4434                             4

  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
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 14 to read as follows:
  14.  (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

S. 4434                             5

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 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.

co-Sponsors

View additional co-sponsors

2013-S4434A - Details

See Assembly Version of this Bill:: A7144
Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Service Law
Laws Affected:: Amd §65, Pub Serv L; add §399-yyy, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3635, A668
2017-2018: S5812, S6282, A4350, A7615
2019-2020: A567

2013-S4434A - Summary

Requires certain companies to operate and maintain call centers; prevents closure without notice and a hearing before the public service commission.

2013-S4434A - Sponsor Memo

                                BILL NUMBER:S4434A

TITLE OF BILL:
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

PURPOSE:
The purpose of this bill is to preserve and create jobs in New York
State by incentivizing companies to create and expand their call
centers in New York State, and to improve customer service by
establishing requirements for telecommunication corporations that
provide call center service assistance.

SUMMARY OF PROVISIONS:

Sections 1, 2 and 3 of the bill amend various provisions of the tax
law to establish the telecommunication industry jobs tax credit.

Section 4 of the bill amends the labor law to establish the New York
Call Center Jobs Act.

Section 5 of the bill amends the public service law to establish

requirements for telecommunication corporations that provide call
center service assistance.

Section 6 of the bill is the effective date.

JUSTIFICATION:
Over the past four years, the United States has lost at least 500,000
call center jobs as businesses have opted to relocate out of state or
out of the country. In addition to limiting employment opportunities
for struggling families, the use of foreign call centers present a
number of security concerns with respect to protecting New Yorkers'
personal confidential information.

In an effort to combat unemployment in New York State, this bill
offers a tax incentive to companies who invest in New York jobs. This
measure gives companies throughout the state an incentive to support
New York's workforce. Further, this legislation establishes
restrictions on companies chat move call center jobs out of the state
or the country. More specifically, this bill will restrict the
eligibility of such companies from various state programs and benefits.

The final component of this bill will require telecommunication
corporations which provide telephone, cable or internet service to
provide call center service assistance. These call centers will
utilize services located within the state in order to determine
customer financial responsibility, processing requests for new or
additional services including emergency service, determining deposit
required or bill rate, preparing service orders arid obtaining access
to businesses and residential properties. These service center will
also provide customer assistance regarding explanation of rates,
regulations, policies, procedures, equipment, and common practices.


This legislation will provide support for the customers of telephone,
cable and/or internet services with clear access to information
regarding their service while supporting the service providers with
resources to maintain this system through services located within the
state.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately with phase-in provisions.

2013-S4434A - Bill Text download pdf

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

                                 4434--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 1, 2013
                               ___________

Introduced  by  Sens.  MAZIARZ, ADDABBO, AVELLA, HOYLMAN, LARKIN -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Investigations  and  Government Operations -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09123-06-3

S. 4434--A                          2

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;
  (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.

S. 4434--A                          3

  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.
  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

S. 4434--A                          4

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
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

S. 4434--A                          5

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 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.

co-Sponsors

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2013-S4434B - Details

See Assembly Version of this Bill:: A7144
Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Service Law
Laws Affected:: Amd §65, Pub Serv L; add §399-yyy, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3635, A668
2017-2018: S5812, S6282, A4350, A7615
2019-2020: A567

2013-S4434B - Summary

Requires certain companies to operate and maintain call centers; prevents closure without notice and a hearing before the public service commission.

2013-S4434B - Sponsor Memo

2013-S4434B - Bill Text download pdf

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

                                 4434--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 1, 2013
                               ___________

Introduced  by  Sens.  MAZIARZ,  ADDABBO,  AVELLA,  CARLUCCI, ESPAILLAT,
  GIPSON, HOYLMAN, LARKIN, LATIMER, MARTINS,  O'BRIEN,  PARKER,  RIVERA,
  SAVINO,  SERRANO,  TKACZYK -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted  as  amended  and recommitted to said committee -- 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 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09123-09-3

S. 4434--B                          2

  (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.

co-Sponsors

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2013-S4434C (ACTIVE) - Details

See Assembly Version of this Bill:: A7144
Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Service Law
Laws Affected:: Amd §65, Pub Serv L; add §399-yyy, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3635, A668
2017-2018: S5812, S6282, A4350, A7615
2019-2020: A567

2013-S4434C (ACTIVE) - Summary

Requires certain companies to operate and maintain call centers; prevents closure without notice and a hearing before the public service commission.

2013-S4434C (ACTIVE) - Sponsor Memo

2013-S4434C (ACTIVE) - Bill Text download pdf

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

                                 4434--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 1, 2013
                               ___________

Introduced  by  Sens. MAZIARZ, ADDABBO, AVELLA, CARLUCCI, DILAN, ESPAIL-
  LAT, GIPSON,  HOYLMAN,  LARKIN,  LATIMER,  MARTINS,  O'BRIEN,  PARKER,
  PERALTA,  RIVERA,  SAVINO, SERRANO, STAVISKY, TKACZYK, VALESKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Investigations  and  Government Operations -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the  Committee  on  Investigations  and  Government  Operations  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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  SERVICE PROVIDER AND THEIR SUBSID-
IARIES FURNISHING TRADITIONAL LANDLINE TELEPHONE  SERVICE,  FIBER  OPTIC
SERVICE,  VOICE  OVER  INTERNET PROTOCOL (VOIP), DATA CIRCUITS, CABLE OR
INTERNET SERVICES SHALL PROVIDE 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 RESPON-
SIBILITY, REQUIRED DEPOSITS, BILLING  RATES,  OR  HANDLING  PAYMENT  AND
OTHER  CREDIT  ARRANGEMENTS SUCH AS OBTAINING DEPOSITS, FINANCIAL STATE-
MENTS 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09123-15-4

S. 4434--C                          2

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 SERVICE PROVIDER AND 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  PUBLIC  HEARING BEFORE THE COMMISSION. UPON
RECEIPT OF THE NOTICE REQUIRED PURSUANT TO THIS PARAGRAPH,  THE  COMMIS-
SION  SHALL  PROVIDE  NOTICE OF THE PROCEEDING TO INTERESTED PARTIES AND
THE PUBLIC; AND SHALL PROMPTLY FIX A DATE  FOR  THE  COMMENCEMENT  OF  A
PUBLIC  HEARING THEREON NOT LESS THAN SIXTY DAYS AFTER SUCH RECEIPT. THE
TESTIMONY PRESENTED AT SUCH HEARING MAY BE PRESENTED IN WRITING OR ORAL-
LY, PROVIDED THAT THE COMMISSION MAY  MAKE  RULES  DESIGNED  TO  EXCLUDE
REPETITIVE,  REDUNDANT  OR  IRRELEVANT TESTIMONY WHILE GIVING ALL INTER-
ESTED PARTIES THE OPPORTUNITY TO PRESENT THEIR DOCUMENTARY AND/OR TESTI-
MONIAL EVIDENCE. THE COMMISSION SHALL MAKE A RECORD OF ALL TESTIMONY  IN
ALL  CONTESTED  HEARINGS.  FOR PURPOSES OF THIS SECTION "PUBLIC HEARING"
MEANS A PUBLIC FORUM AT A  PHYSICAL  LOCATION,  ATTENDED  BY  COMMISSION
MEMBERS OR THEIR DESIGNEES, WHERE ORAL TESTIMONY IS ACCEPTED AND WRITTEN
TESTIMONY MAY BE SUBMITTED FOR INCLUSION IN THE RECORD. SUCH FORUM SHALL
BE  OPEN  TO  PARTIES  TO  THE PROCEEDING AND THE GENERAL PUBLIC FOR THE
PRESENTATION OF COMMENTS THAT SHALL BE LIMITED TO RELEVANT FACTS DIRECT-
LY RELATED  TO  THE  PROCEEDING  IN  QUESTION.  SUCH  HEARING  SHALL  BE
COMMENCED  UPON  PROPER  NOTICE TO THE PARTIES TO THE PROCEEDING AND THE
PUBLIC AT LEAST THIRTY DAYS PRIOR TO THE SCHEDULED  DATE.    SHOULD  THE
COMMISSION  RULE  IN  FAVOR  OF  CLOSING A CALL CENTER OR OTHER FACILITY
PROVIDING THE CUSTOMER ASSISTANCE SET FORTH IN  PARAGRAPH  (A)  OF  THIS
SUBDIVISION  OR  RELOCATING  SUCH CUSTOMER ASSISTANCE TO ANOTHER AREA OF
NEW YORK STATE THEN THE  TELECOMMUNICATION  SERVICE  PROVIDER  OR  THEIR
SUBSIDIARIES SHALL PROVIDE NOTIFICATION ONE HUNDRED EIGHTY CALENDAR DAYS
IN ADVANCE OF CLOSING OR RELOCATION.
  (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. CABLE SERVICE PROVIDER. 1. EVERY CABLE SERVICE PROVIDER AND
THEIR SUBSIDIARIES FURNISHING TRADITIONAL  LANDLINE  TELEPHONE  SERVICE,
FIBER OPTIC SERVICE, VOICE OVER INTERNET PROTOCOL (VOIP), DATA CIRCUITS,
CABLE  OR INTERNET SERVICES SHALL PROVIDE CALL CENTER SERVICE ASSISTANCE
INCLUDING, BUT NOT LIMITED TO  OPERATOR  SERVICES,  DIRECTOR  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-

S. 4434--C                          3

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 CABLE SERVICE PROVIDER AND 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 PUBLIC HEARING BEFORE THE COMMISSION.   UPON RECEIPT  OF  THE
NOTICE  REQUIRED  PURSUANT  TO  THIS  SUBDIVISION,  THE COMMISSION SHALL
PROVIDE NOTICE OF THE PROCEEDING TO INTERESTED PARTIES AND  THE  PUBLIC;
AND  SHALL  PROMPTLY FIX A DATE FOR THE COMMENCEMENT OF A PUBLIC HEARING
THEREON NOT LESS THAN SIXTY  DAYS  AFTER  SUCH  RECEIPT.  THE  TESTIMONY
PRESENTED  AT  SUCH  HEARING  MAY  BE  PRESENTED  IN  WRITING OR ORALLY,
PROVIDED THAT THE COMMISSION MAY MAKE RULES DESIGNED TO EXCLUDE  REPETI-
TIVE,  REDUNDANT  OR  IRRELEVANT  TESTIMONY  WHILE GIVING ALL INTERESTED
PARTIES THE OPPORTUNITY TO PRESENT THEIR DOCUMENTARY AND/OR  TESTIMONIAL
EVIDENCE.    THE  COMMISSION SHALL MAKE A RECORD OF ALL TESTIMONY IN ALL
CONTESTED HEARINGS. FOR PURPOSES OF THIS SECTION "PUBLIC HEARING"  MEANS
A PUBLIC FORUM AT A PHYSICAL LOCATION, ATTENDED BY COMMISSION MEMBERS OR
THEIR  DESIGNEES, WHERE ORAL TESTIMONY IS ACCEPTED AND WRITTEN TESTIMONY
MAY BE SUBMITTED FOR INCLUSION IN THE RECORD. SUCH FORUM SHALL  BE  OPEN
TO PARTIES TO THE PROCEEDING AND THE GENERAL PUBLIC FOR THE PRESENTATION
OF  COMMENTS THAT SHALL BE LIMITED TO RELEVANT FACTS DIRECTLY RELATED TO
THE PROCEEDING IN QUESTION.  SUCH HEARING SHALL BE COMMENCED UPON PROPER
NOTICE TO THE PARTIES TO THE PROCEEDING AND THE PUBLIC AT  LEAST  THIRTY
DAYS  PRIOR  TO THE SCHEDULED DATE.  SHOULD THE COMMISSION RULE IN FAVOR
OF CLOSING A CALL  CENTER  OR  OTHER  FACILITY  PROVIDING  THE  CUSTOMER
ASSISTANCE  SET  FORTH  IN SUBDIVISION ONE OF THIS SECTION OR RELOCATING
SUCH CUSTOMER ASSISTANCE TO ANOTHER AREA OF  NEW  YORK  STATE  THEN  THE
CABLE  SERVICE PROVIDER OR THEIR SUBSIDIARIES SHALL PROVIDE NOTIFICATION
ONE HUNDRED EIGHTY CALENDAR DAYS IN ADVANCE OF CLOSING OR RELOCATION.
  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 immediately.

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