SB 52-1_ Filed 01/17/2002, 15:07
COMMITTEE REPORT
MR. PRESIDENT:
The Senate Committee on Finance, to which was referred Senate Bill No. 52, has had the same under
consideration and begs leave to report the same back to the Senate with the recommendation that said
bill be AMENDED as follows:
SOURCE: Page 8, line 23; (02)AM005201.8. -->
Page 8, between lines 23 and 24, begin a new paragraph and insert:
"
Sec. 21. (a) If a customer believes that an amount of tax,
charge, or fee or an assignment of place of primary use or taxing
jurisdiction included on a bill under this chapter is erroneous, the
customer shall notify the home service provider in writing. The
customer shall include in the written notification the street address
for the customer's place of primary use, the account name and
number for which the customer seeks a correction, a description
of the error asserted by the customer, and any other information
that the home service provider reasonably requires to process the
request.
(b) Within sixty (60) days after receiving a notice under this
section, the home service provider shall review its records to
determine the customer's taxing jurisdiction. If the review shows
that the amount of tax, charge, or fee or assignment of place of
primary use or taxing jurisdiction is in error, the home service
provider shall correct the error and refund or credit the amount
of tax, charge, or fee erroneously collected from the customer for
a period of up to two (2) years. If the review shows that the
amount of tax, charge, or fee or assignment of place of primary
use or taxing jurisdiction is correct, the home service provider
shall provide a written explanation to the customer.
(c) The procedures set forth in this section are the first course
of remedy available to a customer seeking correction of
assignment of place of primary use or taxing jurisdiction, or a
refund of or other compensation for taxes, charges, or fees
erroneously collected by the home service provider. No cause of
action based upon a dispute arising from the collection of any such
taxes, charges, or fees shall accrue until a customer has exhausted
the remedies set forth in this section.".
(Reference is to SB 52 as introduced.)
and when so amended that said bill do pass .
Committee Vote: Yeas 13, Nays 0.
____________________________________
Senator Borst, Chairperson
AM 005201/DI 44 2002