Bill Text: CA AB912 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Telecommunications: Emergency Telephone Users Surcharge.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 489, Statutes of 2009. [AB912 Detail]

Download: California-2009-AB912-Amended.html

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BILL NUMBER: AB 912	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 27, 2009

INTRODUCED BY   Assembly Member Torres

                        FEBRUARY 26, 2009

    An act to amend Sections 41030 and 41136 of the Revenue
and Taxation Code, relating to emergency telephone systems, to take
effect immediately, tax levy.   An act to amend Section
41136 of the Revenue and Taxation Code, relating to emergency
telephone systems. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 912, as amended, Torres. Telecommunications: Emergency
Telephone Users  Surcharge Act.   Surcharge.
 
   (1) Existing provisions of the Warren-911-Emergency Assistance Act
establishes the number "911" as the primary emergency telephone
number of use in the state. The existing Emergency Telephone Users
Surcharge Act generally imposes a surcharge on amounts paid by every
person in the state for intrastate telephone service and is imposed
at a percentage rate, not less than 0.5% nor more than 0.75% that is
annually estimated to provide revenues sufficient to fund "911"
emergency telephone system costs for the current fiscal year.
 
   This bill would increase the percentage rate range to not less
than 0.5% nor more than 1%.  
   (2) Existing 
    Existing  law establishes the State Emergency Telephone
Number Account in the General Fund, pursuant to which funds derived
from a surcharge imposed on amounts paid by every person in the state
for intrastate telephone communication service may be appropriated
by the Legislature for specified purposes, including costs of
administering, operating, and maintaining the state "911" emergency
telephone number system.
   This bill would provide that a minimum of 50% of the funds in the
State Emergency Telephone Number Account shall be allocated for those
specified purposes and costs. This bill would  also provide
that   authorize the Department of General Services to
  approve  a maximum  allocation  of 25% of
the funds in the State Emergency Telephone Number Account 
may be allocated to the Office of Emergency Services  to pay
primary Public Safety Answering Points for costs associated with
receiving and routing enhanced "911" calls, including  a one-time
payment for  personnel costs, as specified. 
   (3) This bill makes legislative findings and declarations
regarding the Warren-911-Emergency Assistance Act and the increase in
the volume of, and the increase in the costs associated with, "911"
calls.  
   (4) This bill would result in a change in state taxes for the
purpose of increasing state revenues within the meaning of Section 3
of Article XIII  A of the California Constitution, and thus would
require for passage the approval of 2/3 of the membership of each
house of the Legislature.  
   (5) This bill would take effect immediately as a tax levy.

   Vote:  2/3   majority  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) The Warren-911-Emergency Assistance Act establishes the number
"911" as the primary number of use in this state.
   (b) The Emergency Telephone Users Surcharge Act generally imposes
a surcharge on amounts paid by every person in the state for
intrastate telephone service and is imposed at a percentage rate
range, established in 1980, of between one-half of 1 percent and
three-quarters of 1 percent. This surcharge is annually estimated to
provide revenues to fund "911" emergency telephone system costs for
the current fiscal year. The rate range has remained unchanged since
1980.
   (c) In 2005, there were over five million "911" calls, over eight
million "911" calls in 2006, and an estimated 12 million "911" calls
in 2007. This increase represents an 119 percent increase in "911"
calls over those past two years alone. The Department of the
California Highway Patrol, a Public Safety Answering Point, receives
approximately 750,000 "911" calls monthly at its 24 answering points
statewide.
   (d) This rapid increase has made it difficult for Public Safety
Answering Points, including the Department of the California Highway
Patrol, to meet the 10-second answering guideline recommended by the
National Emergency Number Association and accepted by the industry,
potentially affecting the safety and well-being of "911" callers.
   (e) "911" call volumes continue to grow and additional personnel
with the appropriate training and skills, including language skills,
is needed to meet the 10-second answering guideline.
   (f) The current rate range, established in 1980, has not been
adjusted to reflect the increase in costs in receiving and routing
"911" calls associated with the increase in the volume of "911" calls
in the state. 
  SEC. 2.    Section 41030 of the Revenue and
Taxation Code is amended to read:
   41030.  The Department of General Services shall determine
annually, on or before October 1, a surcharge rate that it estimates
will produce sufficient revenue to fund the current fiscal year's 911
costs. The surcharge rate shall be determined by dividing the costs,
including incremental costs, the Department of General Services
estimates for the current fiscal year of 911 plans approved pursuant
to Section 53115 of the Government Code, less the available balance
in the State Emergency Telephone Number Account in the General Fund,
by its estimate of the charges for intrastate telephone
communications services and VoIP service to which the surcharge will
apply for the period of January 1 to December 31 of the next
succeeding calendar year, but in no event shall the surcharge rate in
any year be greater than 1 percent nor less than one-half of 1
percent. 
   SEC. 3.   SEC. 2.   Section 41136 of the
Revenue and Taxation Code is amended to read:
   41136.  Funds in the State Emergency Telephone Number Account
shall, when appropriated by the Legislature, be spent solely for the
following purposes:
   (a) A minimum of 50 percent of the revenues of the fund as
follows:
   (1) To pay refunds authorized by this part.
   (2) To pay the State Board of Equalization for the cost of the
administration of this part.
   (3) To pay the Department of General Services for its costs in
administration of the "911" emergency telephone number system.
   (4) To pay bills submitted to the Department of General Services
by service suppliers or communications equipment companies for the
installation of, and ongoing expenses for, the following
communications services supplied to local agencies in connection with
the "911" emergency phone number system:
   (A) A basic system.
   (B) A basic system with telephone central office identification.
   (C) A system employing automatic call routing.
   (D) Approved incremental costs.
   (5) To pay claims of local agencies for approved incremental
costs, not previously compensated for by another governmental agency.

   (6) To pay claims of local agencies for incremental costs and
amounts, not previously compensated for by another governmental
agency, incurred prior to the effective date of this part, for the
installation and ongoing expenses for the following communication
services supplied in connection with the "911" emergency phone number
system:
   (A) A basic system.
   (B) A basic system with telephone central office identification.
   (C) A system employing automatic call routing.
   (D) Approved incremental costs. Incremental costs shall not be
allowed unless the costs are concurred in by the Division of
Telecommunications of the Department of General Services. 
   (b) (1) A maximum of 25 percent of the revenues of the fund to the
Office of Emergency Services to pay Primary Public Safety Answering
Points, which accept wireless enhanced "911" calls from within their
jurisdiction routed directly to their call centers, for costs
associated with receiving and routing enhanced "911" calls, including
personnel costs. The Office of Emergency Services, in consultation
with the State 911 Advisory Board, shall determine the appropriate
formula for costs associated with Primary Public Safety Answering
Points personnel.  
   (b) (1) The Department of General Services may approve a maximum
allocation of 25 percent of the revenues of the fund to pay Primary
Public Safety Answering Points, which accept wireless enhanced "911"
calls from within their jurisdiction routed directly to their call
centers, for costs associated with receiving and routing wireless
enhanced "911" calls, including a one-time payment for costs
necessary to recruit and train additional personnel necessary to
handle the wireless enhanced "911" calls. 
   (2) Funds allocated pursuant to this subdivision shall supplement,
and not supplant, existing funding for these services 
  SEC. 4.    This act provides for a tax levy within
the meaning of Article IV of the Constitution and shall go into
immediate effect.