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

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

---

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

---

BILL NUMBER: AB 912	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 1, 2009
	AMENDED IN ASSEMBLY  APRIL 27, 2009

INTRODUCED BY   Assembly Member Torres

                        FEBRUARY 26, 2009

   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.
   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   require  that
a minimum of  50% of the funds in the State Emergency
Telephone Number Account shall   0.50% of the charges
for intrastate   telephone communications services and VoIP
service to which the surcharge applies, when appropriated by the
Legislature,  be allocated for those specified purposes and
costs. This bill would  authorize the Department of General
Services to approve a maximum allocation of 25% of the funds in the
State Emergency Telephone Number Account to pay primary 
 require when appropriated by the Legislature, a maximum of 0.25%
of the charges for intrastate telephone communications services and
VoIP service to which the surcharge applies to the Department of
General Services for a one-time payment to 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.
   Vote: 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 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:  
   (a) A minimum of one-half of 1 percent of the charges for
intrastate telephone communications services and VoIP service to
which the surcharge applies 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) 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.  
   (b) (1) A maximum of one-quarter of 1 percent of the charges for
intrastate telephone communications services and VoIP service to
which the surcharge applies to the Department of General Services for
a one-time payment to Primary Public Safety Answering Points for the
cost necessary to recruit and train additional personnel necessary
to accept wireless enhanced "911" calls from within their
jurisdiction routed directly to their call centers. 
   (2) Funds allocated pursuant to this subdivision shall supplement,
and not supplant, existing funding for these  services
  services.