BILL NUMBER: AB 912	CHAPTERED
	BILL TEXT

	CHAPTER  489
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  AUGUST 31, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 3, 2009
	AMENDED IN SENATE  AUGUST 17, 2009
	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, 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 specify that a minimum of 0.50% of the charges for
intrastate telephone communications services and VoIP service to
which the surcharge applies be spent for those specified purposes and
costs, including, until December 31, 2011, a maximum of 0.25% of the
charges for intrastate telephone communications services and VoIP
service to which the surcharge applies for a one-time payment to
Primary Public Safety Answering Points for personnel costs, as
specified.


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 emergency telephone 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 represents a 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.
  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 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 office of the State Chief Information Officer for
its costs in administration of the "911" emergency telephone number
system.
   (4) To pay bills submitted to the office of the State Chief
Information Officer 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 office of the State
Chief Information Officer.
   (b) (1) For the purposes of paragraph (5) of subdivision (a), the
term incremental costs shall include a maximum of one-quarter of 1
percent of the charges for intrastate telephone communications
services and VoIP service to which the surcharge applies 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.
   (3) This subdivision shall remain in effect only until December
31, 2011.