| Home > 106th Congressional Bills > S.Con.Res. 146 (is) Condemning the assassination of Father John Kaiser and others in Kenya, [Introduced in Senate] ...
S.Con.Res. 146 (is) Condemning the assassination of Father John Kaiser and others in Kenya, [Introduced in Senate] ...
S. CON. RES. 146
Resolved by the Senate (the House of Representatives concurring),
That, in the enrollment of the bill (S. 150) to extend the moratorium
on taxes on Internet access and multiple and discriminatory taxes on
electronic commerce imposed by the Internet Tax Freedom Act, the
Secretary of the Senate shall make the following corrections:
(1) Amend subsection (a) of section 1104 of the Internet
Tax Freedom Act (47 U.S.C. 151 note), as added by section 3 of
the bill, to read as follows:
``(a) Pre-October 1998 Taxes.--
``(1) In general.--Section 1101(a) does not apply to a tax
on Internet access that was generally imposed and actually
enforced prior to October 1, 1998, if, before that date--
``(A) the tax was authorized by statute; and
``(i) a provider of Internet access services
had a reasonable opportunity to know, by virtue
of a rule or other public proclamation made by
the appropriate administrative agency of the
State or political subdivision thereof, that
such agency has interpreted and applied such
tax to Internet access services; or
``(ii) a State or political subdivision
thereof generally collected such tax on charges
for Internet access.
``(A) In general.--Except as provided in
subparagraph (B), this subsection shall not apply after
November 1, 2007.
``(B) State telecommunications service tax.--
``(i) Date for termination.--This
subsection shall not apply after November 1,
2006, with respect to a State
telecommunications service tax described in
``(ii) Description of tax.--A State
telecommunications service tax referred to in
subclause (i) is a State tax--
``(I) enacted by State law on or
after October 1, 1991, and imposing a
tax on telecommunications service; and
``(II) applied to Internet access
through administrative code or
regulation issued on or after December
(2) Insert after section 6 of the bill the following:
SEC. 6A. EXCEPTION FOR TEXAS MUNICIPAL ACCESS LINE FEE.
The Internet Tax Freedom Act (47 U.S.C. 151 note), as amended by
section 6, is amended by adding at the end the following:
``SEC. 1109. EXCEPTION FOR TEXAS MUNICIPAL ACCESS LINE FEE.
``Nothing in this Act shall prohibit Texas or a political
subdivision thereof from imposing or collecting the Texas municipal
access line fee pursuant to Texas Local Govt. Code Ann. ch. 283 (Vernon
2005) and the definition of access line as determined by the Public
Utility Commission of Texas in its `Order Adopting Amendments to
Section 26.465 As Approved At The February 13, 2003 Public Hearing',
issued March 5, 2003, in Project No. 26412.''.
Passed the Senate November 17, 2004.
S. CON. RES. 146
To direct the Secretary of the Senate to make corrections in the
enrollment of the bill S. 150.
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