BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 802| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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). SB 802 Page 2 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 SB 802 Page 3 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. SB 802 Page 4 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 **** END **** SB 802 Page 5