71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to HB 2105
 
LC 727/HB 2105-6
 
                      SENATE AMENDMENTS TO
                         HOUSE BILL 2105
 
    By COMMITTEE ON BUSINESS, LABOR, AND ECONOMIC DEVELOPMENT
 
                             May 17
 
  In line 2 of the printed bill, after the semicolon delete the
rest of the line and insert 'creating new provisions; and
amending sections 7 and 16, chapter 290, Oregon Laws 1987.'.
  After line 6, insert:
  '  { +  SECTION 2. + } Section 7, chapter 290, Oregon Laws
1987, as amended by section 2, chapter 622, Oregon Laws 1991,
section 8, chapter 872, Oregon Laws 1991, section 1, chapter 231,
Oregon Laws 1993, section 387, chapter 79, Oregon Laws 1995, and
section 1, chapter 451, Oregon Laws 1995, is amended to read:
  '  { +  Sec. 7. + } (1) In order to fund the programs provided
in sections 2 to 6 and 9 to 14, chapter 290, Oregon Laws 1987,
the Public Utility Commission shall develop and implement a
system for assessing a surcharge in an amount not to exceed
35 { +   + }cents per month against each paying retail subscriber
who has telecommunications service with access to the
telecommunications relay service. The surcharge shall be applied
on a telecommunications circuit designated for a particular
subscriber.  One subscriber line shall be counted for each
circuit that is capable of generating usage on the line side of
the switched network regardless of the quantity of customer
premise equipment connected to each circuit. For providers of
central office based services, the surcharge shall be applied to
each line that has unrestricted connection to the
telecommunications relay service.  These central office based
service lines that have restricted access to the
telecommunications relay service shall be charged based on
software design. For cellular, wireless or other radio common
carriers, the surcharge shall be applied on a per instrument
basis { + , but applies only to subscribers whose place of
primary use, as defined and determined under 4 U.S.C. 116 to 126,
is within this state + }.
  ' (2) The surcharge imposed by subsection (1) of this section
does not apply to:
  ' (a) Services upon which the state is prohibited from imposing
the surcharge by the Constitution or laws of the United States or
the Constitution or laws of the State of Oregon.
  ' (b) Interconnection between telecommunications utilities,
telecommunications cooperatives, competitive telecommunications
services providers certified pursuant to ORS 759.020, radio
common carriers and interexchange carriers.
  ' (3) The commission annually shall review the surcharge and
the balance in the Residential Service Protection Fund and may
make adjustments to the amount of the surcharge to ensure that
the fund has adequate resources but that the fund balance does
not exceed six months of projected expenses.
  ' (4) Moneys collected pursuant to the surcharge shall not be
considered in any proceeding to establish rates for
telecommunication service.
 
 
  ' (5) The commission shall direct telecommunications public
utilities to identify separately in bills to customers for
service the surcharge imposed pursuant to this section.
  '  { +  SECTION 3. + }  { + The amendments to section 7,
chapter 290, Oregon Laws 1987, by section 2 of this 2001 Act
apply only to customer bills issued on or after August 1,
2002. + } ' .
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