BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNANCE AND FINANCE
                         Senator Robert M. Hertzberg, Chair
                                2015 - 2016  Regular 

                              
          
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          |Bill No:  |SB 1481                          |Hearing    |4/20/16  |
          |          |                                 |Date:      |         |
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          |Author:   |Committee on Governance and      |Tax Levy:  |No       |
          |          |Finance                          |           |         |
          |----------+---------------------------------+-----------+---------|
          |Version:  |3/17/16                          |Fiscal:    |Yes      |
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          |Consultant|Grinnell                                              |
          |:         |                                                      |
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              Prepaid Mobile Telephony Services Surcharge Collection Act



          Enacts three changes to the Mobile Telephony Surcharge.  


           Background and Proposed Law 

           In 2014, 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).  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.   
          The Board of Equalization (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  
          approximations in the bill:







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                 Local Utility User Taxes, and

                 Charges for access to communications services or local  
               911 emergency telephone systems.

          Last year, the Legislature enacted several technical changes to  
          the MTS Fee in a bill implementing the Budget Act (SB 84,  
          Committee on Budget and Fiscal Review, 2015); however, BOE has  
          identified three remaining issues which require correction, and  
          recommended changes for each to assist in the effective  
          implementation of the MTS Fee.

          I.  De Minimis exemption.  Currently, all retailers of prepaid  
          wireless services have to register with BOE, but those selling a  
          de minimis amount of MTS services don't have to collect and  
          remit the MTS, set in state law as $15,000 in sales per calendar  
          year.  BOE states that requiring these smaller retailers to  
          complete and submit quarterly returns to BOE is burdensome, and  
          doesn't result in any revenue, as they are exempt from  
          collecting and remitting the fee.  Senate Bill 1481 exempts  
          sellers of prepaid wireless services that meet the de minimis  
          standard from the registration requirement, but allows them to  
          voluntarily register and remit the MTS.  Retailers whose sales  
          increase above the threshold would have to register with BOE,  
          and collect the MTS in the following calendar year.  

          II.  Known address transactions.  The MTS applies to sales of  
          prepaid wireless services that take place within the state,  
          which include in-person retail sales, as well as "known address"  
          transactions, where the seller is aware that the buyer has a  
          California address, or the phone is associated with a location  
          in this state, such as an area code.  However, some individuals  
          who have moved out of the state want to maintain their phone  
          numbers with California area codes, but the retailer must  
          collect and remit the MTS in these cases because it's associated  
          with a location in the state, even if the individual supplies an  
          out-of-state address.  SB 1481 instead provides that the  
          transaction will only be deemed a "known-address" transaction  
          for phones associated with a location in this state when an  
          address isn't available.  

          III. Consistency between MTS and local charges.  State law  
          requires retailers to collect the prepaid MTS surcharge and  








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          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 1481 makes the  
          two consistent by amending the section on local charges to  
          conform with the state charge.


           State Revenue Impact

           BOE states that SB 1481 does not impact state revenues.


           Comments

           1.  Purpose of the bill  .  SB 1481 makes three 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 1481 can only contain items  
          with universal agreement; should anyone object to a provision in  
          the measure, it will be removed.




           Support and  
          Opposition  (4/14/16)


           Support  :  State Board of Equalization.


           Opposition  :  None received.  



                                      -- END --

          








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