BILL NUMBER: AB 639 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY OCTOBER 26, 2009
AMENDED IN ASSEMBLY SEPTEMBER 3, 2009
AMENDED IN ASSEMBLY APRIL 20, 2009
INTRODUCED BY Assembly Member Torlakson
FEBRUARY 25, 2009
An act to add Chapter 11 (commencing with Section 2898)
to Part 2 of Division 1 of the Public Utilities Code, relating to
taxation, and making an appropriation therefor. An act
relating to poison control, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 639, as amended, Torlakson. Telephone Users Surcharge
Act. Poison control centers: funding.
The existing Emergency Telephone Users Surcharge imposes a tax on
amounts paid by every person in the state for intrastate telephone
communication services to fund the emergency telephone number system
administered by the Department of General Services.
This bill would, in addition, establish the Telephone Users
Surcharge Fund and would require the Public Utilities Commission to
assess and collect a monthly $0.25 surcharge from every service user,
as defined, in this state for intrastate telephone communication
services or intrastate VoIP service in this state, except as
specified. The bill would require the surcharge to be deposited into
the fund and would continuously appropriate those moneys exclusively
for poison control centers and 911 emergency call centers.
Existing law requires the Emergency Medical Services Authority to
establish minimum standards for the operation of poison control
centers, as defined, and to establish geographical service areas and
criteria for designation of regional poison control centers.
This bill would also appropriate $3,000,000
from the General Fund to the Emergency Medical Services
Authority authority for the support of poison
control centers.
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.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The sum of three million dollars
($3,000,000) is hereby appropriated from the General Fund to the
Emergency Medical Services Authority, for the support of poison
control centers, as defined in Section 1797.97 of the Health and
Safety Code.
SECTION 1. Chapter 11 (commencing with Section
2898) is added to Part 2 of Division 1 of the Public Utilities Code,
to read:
CHAPTER 11. TELEPHONE USERS SURCHARGE ACT
2898. (a) In addition to any surcharges imposed by other
provisions of the law, a surcharge is hereby imposed at a rate of
twenty-five cents ($0.25) for every service user in this state for
intrastate telephone communication service or intrastate VoIP service
in this state to the extent permitted by state or federal law. The
surcharge shall be paid by the service user.
(b) The surcharge shall be assessed to each service user on a
monthly basis, and shall be collected and administered by the Public
Utilities Commission.
(c) The surcharge imposed shall not apply to either of the
following:
(1) In accordance with the Mobile Telecommunications Sourcing Act
(Public Law 106-252), which is incorporated herein by reference, to
mobile telecommunications services billed to a customer where those
services are provided, or deemed provided, to a customer whose place
of primary use is outside this state. Mobile telecommunications
services shall be deemed provided by a customer's home service
provider to the customer if those services are provided in a taxing
jurisdiction to the customer, and the charges for those services are
billed by or for the customer's home service provider.
(2) To VoIP service billed to a customer where those services are
provided to a customer whose place of primary use of the VoIP service
is outside this state.
2898.2. Except where the context otherwise requires or as
otherwise provided in this chapter, the definitions contained in Part
20 (commencing with Section 41001) of Division 2 of the Revenue and
Taxation Code shall govern the construction of this chapter.
2898.3. "Service user" means any person who pays for intrastate
telephone communication services or VoIP service for residential,
personal use in this state and who is required to pay a surcharge
under the provisions of this chapter.
2898.4. (a) The Telephone Users Surcharge Fund is hereby created
in the State Treasury.
(b) (1) All funds collected pursuant to this chapter shall be
deposited in the Telephone Users Surcharge Fund.
(2) Funds collected pursuant to this chapter and deposited in the
Telephone Users Surcharge Fund shall be continuously appropriated to
the Public Utilities Commission for the purposes specified in Section
2898.6.
2898.6. Moneys in the Telephone Users Surcharge Fund shall be
expended as follows:
(a) Twelve million dollars ($12,000,000) per fiscal year for the
support of poison control centers, as defined in Section 1797.97 of
the Health and Safety Code.
(b) The remainder of the funds for the operational expenses,
excluding costs for equipment, for 911 emergency call centers,
including those 911 emergency call centers operated by the Department
of the California Highway Patrol.
2898.8. It is the intent of the Legislature that telephone
quality communication utilizing VoIP shall not be regulated by the
enactment of Assembly Bill 639 of the 2009-10 Regular Session.
2898.10. The surcharge imposed by Section 2898 attaches at the
time charges for the intrastate telephone communication services and
VoIP service are billed by the service supplier to the service user
and shall be paid by the service user when paying for such services.
SEC. 2. The sum of three million dollars
($3,000,000) is hereby appropriated from the General Fund to the
Emergency Medical Services Authority for the support of poison
control centers, as defined in Section 1797.97 of the Health and
Safety Code.