BILL ANALYSIS Ó SENATE COMMITTEE ON GOVERNANCE AND FINANCE Senator Robert M. Hertzberg, Chair 2015 - 2016 Regular ------------------------------------------------------------------ |Bill No: |SB 1481 |Hearing |4/20/16 | | | |Date: | | |----------+---------------------------------+-----------+---------| |Author: |Committee on Governance and |Tax Levy: |No | | |Finance | | | |----------+---------------------------------+-----------+---------| |Version: |3/17/16 |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant|Grinnell | |: | | ----------------------------------------------------------------- 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: SB 1481 (Committee on Governance and Finance) Page 2 of ? 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 SB 1481 (Committee on Governance and Finance) Page 3 of ? 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 -- SB 1481 (Committee on Governance and Finance) Page 4 of ?