BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 802|
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                                      CONSENT 


          Bill No:  SB 802
          Author:   Committee on Governance and Finance  
          Introduced:3/24/15  
          Vote:     27 - Urgency

           SENATE GOVERNANCE & FIN. COMMITTEE:  6-0, 4/29/15
           AYES:  Hertzberg, Nguyen, Beall, Hernandez, Lara, Pavley
           NO VOTE RECORDED:  Moorlach

          SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           SUBJECT:   Emergency telephone user surcharge


          SOURCE:    Board of Equalization 


          DIGEST:  This bill makes technical changes necessary for the  
          Board of Equalization (BOE) to implement the Prepaid Mobile  
          Telephony Services Surcharge Collections Act.


          ANALYSIS:   


          Existing law:


          1)Enacts the Prepaid Mobile Telephony Services Surcharge  
            Collections Act, which requires purchasers of prepaid wireless  
            services to pay a surcharge for each retail sale (MTS Fee) on  
            and after January 1, 2016 (AB 1717, Perea, Chapter 884,  
            Statutes of 2014).










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          2)Provides that 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.  


          3)BOE administers the MTS Fee according to the Fee Procedures  
            Collections Law, and must calculate the rate according to the  
            bill by adding:


             a)   The 911 Surcharge rate, and


             b)   The Public Utilities Commission (CPUC) reimbursement and  
               cumulative universal service fees.


          4)The Office of Emergency Services (OES) calculates by a  
            surcharge rate sufficient to fund the state's 911  
            infrastructure needs.  OES must then transmit the 911  
            surcharge and the 911 surcharge rate applicable to the Mobile  
            Telephony Services (MTS) to BOE, who then calculates then  
            calculates the total MTS rate by adding the 911 surcharge  
            portion and CPUC surcharge portion.


             a)   OES must calculate the 911 surcharge rate applicable to  
               MTS by 


             October 15, 2015, and each October 15th thereafter.
             b)   BOE must publish the 911 surcharge rate as part of its  
               minutes from a public meeting by November 15, 2015, and  
               each November 15th thereafter.


          5)Directs BOE to inform retailers of the MTS rate by mail.


          6)Requires retailers to collect the prepaid MTS surcharge and  
            local charge at the time of the retail transaction and include  
            necessary provision, and provides that any amount collected by  








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            a retailer but unreturned to the consumer that is not owed as  
            part of the surcharge, constitutes a seller's debt to the  
            state.


          This bill:


          1)Requires OES to inform BOE of the 911 surcharge rate by  
            October 1st of this year and each year thereafter.


          2)Allows BOE to use other means available to publish the MTS  
            rate, including electronic mail or publishing the information  
            on its Web site.


          3)Makes consistent local charge and MTS provisions with regard  
            to amounts collected but unreturned to the consumer.  


          Comments


          AB 1717 directed OES to inform BOE of the surcharge rates by  
          October 15th of each year, and BOE to 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 15th, BOE must 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 15th to October 1st.  










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          Additionally, SB 802 is an urgency measure that will 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.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified5/12/15)


          Board of Equalization (source)


          OPPOSITION:   (Verified5/12/15)


          None received


          ARGUMENTS IN SUPPORT:      According to this bill's sponsor, the  
          Board of Equalization, SB 802 makes several technical changes to  
          the Prepaid Mobile Telephony Services Surcharge Collections Act  
          to ensure that BOE can correctly implement it beginning later  
          this year.  BOE states that this bill will also help reduce its  
          costs and improve taxpayer communication. 




          Prepared by:Colin Grinnell / GOV. & F. / (916) 651-4119
          5/13/15 16:37:37


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