Relates to communication service surcharges applied to Cortland county.
TITLE OF BILL: 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
PURPOSE: The measure authorizes the Cortland County Legislature, at local option, to increase its telephone access line surcharge from thirty five cents ($.35) to as much as one dollar ($1) per line per month.
SUMMARY OF PROVISIONS: The bill adds a new section 336 to the county law to authorize the Cortland County Legislature to impose an additional surcharge of up to sixty-five cents ($.65) per access line, per month, in addition to the $.35 surcharge currently established and imposed under §333 of the county law.
EXISTING LAW: §333 of the county law currently authorizes an access line surcharge of no more than $.35 per line, per month.
JUSTIFICATION: The Cortland County Legislature has requested the authority, by resolution, to increase the existing surcharge on telephone access lines by an amount not to exceed sixty-five cents ($.65) per line, per month in order to fund an interoperable emergency communications system, estimated to cost the county $16 million. The county is required by FCC mandate to move its radio frequencies to narrow band. At the same time the county is meeting the FCC mandate, it is seeking solutions to an aging, inefficient radio system that currently does not permit communication among all of the county's first responders.
LEGISLATIVE HISTORY: S.7716 of 2010 (Rules); A.9918 (Passed Assembly)
FISCAL IMPLICATIONS: None to the state.
EFFECTIVE DATE: Immediately. The county will be required to enact its own local law.
STATE OF NEW YORK ________________________________________________________________________ 4041--A 2011-2012 Regular Sessions IN SENATE March 15, 2011 ___________Introduced by Sen. SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- 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 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: Section 1. The county law is amended by adding a new section 336 to read as follows: S 336. COUNTY OF CORTLAND ENHANCED 911 EMERGENCY TELEPHONE SYSTEM. 1. NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE COUNTY OF CORTLAND, 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 THIS CHAPTER, 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 ASSOCI- ATED WITH OBTAINING, OPERATING AND MAINTAINING THE TELECOMMUNICATION 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 MINIMUM OF FORTY-FIVE DAYS WRITTEN NOTICE PRIOR TO THE DATE IT SHALLEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10176-02-1 S. 4041--A 2
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 and shall expire and be deemed repealed 10 years after such date, provided, however that: (a) the provisions of subdivision 1 of section 336 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 (b) 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.