Relates to communication service surcharges applied to Tompkins county.
Ayes (13): Smith, Stachowski, Montgomery, Duane, Hassell-Thompson, Krueger, Parker, Serrano, Stewart-Cousins, Dilan, Klein, Valesky, Monserrate
Absent (11): Espada, Skelos, Johnson O, Padavan, Volker, Farley, LaValle, Seward, Hannon, Larkin, Saland
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.
STATE OF NEW YORK ________________________________________________________________________ 5882--B 2009-2010 Regular Sessions IN SENATE 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 AEXPLANATION--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.