BILL ANALYSIS Ó SENATE COMMITTEE ON GOVERNANCE AND FINANCE Senator Robert M. Hertzberg, Chair 2015 - 2016 Regular ------------------------------------------------------------------ |Bill No: |SB 802 |Hearing |4/29/15 | | | |Date: | | |----------+---------------------------------+-----------+---------| |Author: |Committee on Governance and |Tax Levy: |No | | |Finance | | | |----------+---------------------------------+-----------+---------| |Version: |3/24/15 |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant|Grinnell | |: | | ----------------------------------------------------------------- EMERGENCY TELEPHONE USER SURCHARGE Makes technical changes necessary for BOE to implement the Prepaid Mobile Telephony Services Surcharge Collections Act. Background, Existing Law, and Proposed Law Last year, the Legislature enacted the Prepaid Mobile Telephony Services Surcharge Collections Act, which requires purchasers of prepaid wireless to pay a surcharge for each retail sale (MTS Fee) on and after January 1, 2016 (AB 1717, Perea, 2014). The MTS Fee is a percentage of the sales price, and is in-lieu of all other state and local charges, fees, and taxes that currently apply. BOE administers the MTS Fee according to the Fee Procedures Collections Law, and must calculate the rate according to the bill each year no later than November 1, commencing on November 1, 2015 by adding: The 911 Surcharge rate, and The CPUC reimbursement and cumulative universal service fees. Additionally, AB 1717 also required the seller to also collect at the point of sale, from consumers of prepaid wireless an amount equal to adding the following according to rate SB 802 (Committee on Governance and Finance) 3/24/15 Page 2 of ? approximations in the bill: Local UUTs, and Charges for access to communications services or local 911 emergency telephone systems. The Legislature only enacted the MTS Act last year, and BOE has found a few technical fixes necessary to ensure the fee is properly implemented. I. OES surcharge calculation date. Currently, the Office of Emergency Services (OES) calculates a surcharge rate sufficient to fund the state's 911 infrastructure needs. OES transmits the 911 surcharge and the 911 surcharge rate applicable to MTS to BOE. BOE then calculates the total MTS rate by adding the 911 surcharge portion and CPUC surcharge portion. Retailers then collect the MTS surcharge from consumers when selling prepaid services, along with any local 911 charges and local utility user taxes, and remit the fee to BOE for distribution back to the state and agencies imposing the fees. AB 1717 directs OES to inform BOE of the surcharge rates by October 15th of each year. BOE must publish the 911 surcharge rate as part of its minutes from a public meeting by November 15th. While BOE meets monthly; however, the dates change each year, and the Bagley-Keene Open Meeting Act requires the BOE to issue a Public Agenda Notice at least 10 days prior to each meeting. BOE may not be able to comply with both deadlines in some circumstances. For example, should OES notify the BOE of the new 911 surcharge rate on October 15, BOE would have scheduled its regular October meeting after October 25th to meet the 10 day notice requirement, or defer action to its November meeting. However, if BOE holds its regular November meeting after the 15th, BOE would have to hold a special Board Meeting before the 15th solely for the purpose of publishing the new 911 rate. BOE wants OES to move up the date to inform BOE of the 911 surcharge rate from October 1th to October 1st. Senate Bill 802 requires OES to inform BOE of the 911 surcharge rate by October 1st, thereby ensuring BOE can approve the rate before the current deadline of November 15th. The measure also contains an urgency clause to ensure that it will apply to OES's calculation this year. SB 802 (Committee on Governance and Finance) 3/24/15 Page 3 of ? II. Informing taxpayers. AB 1717 directed BOE to inform retailers of the rate by mail, but BOE can use less costly, more efficient means than mail to provide this information. SB 802 allows BOE to use other means available, including electronic mail or publishing the information on its website. III. Consistency between MTS and local charges. AB 1717 requires retailers to collect the prepaid MTS surcharge and local charge at the time of the retail transaction and include necessary provisions, that allow for the BOE to efficiently and effectively administer the bill, such as providing that any amount collected by a retailer but unreturned to the consumer that is not owed as part of the surcharge, constitutes a seller's debt to the state. However, the language for the MTS surcharge and the local charge are different. SB 802 makes the two consistent. State Revenue Impact BOE states that SB 802 has no impact on state revenues. Comments 1. Purpose of the bill . SB 802 makes several technical changes to the MTS Act to ensure that BOE can correctly implement it beginning later this year. BOE states that the measure will also help reduce its costs and improve taxpayer communication, Senate Rule 23 requires all members of the Committee to sign Committee Bills prior to introduction, so SB 802 can only contain items with universal agreement; should anyone object to a provision in the measure, it will be removed. 2. Urgency . As an urgency measure, SB 802 would take effect immediately upon signature of the Governor. An urgency measure is necessary because BOE must begin calculating the MTS fee in October, before the general effective date for bills enacted this year of January 1, 2016. SB 802 (Committee on Governance and Finance) 3/24/15 Page 4 of ? Support and Opposition 4/23/15 Support : State Board of Equalization. Opposition : -- END --