BILL NUMBER: AB 912 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Torres
FEBRUARY 26, 2009
An act to amend Sections 41030 and 41136 of the Revenue and
Taxation Code, relating to emergency telephone systems, to take
effect immediately, tax levy.
LEGISLATIVE COUNSEL'S DIGEST
AB 912, as introduced, Torres. Telecommunications: Emergency
Telephone Users Surcharge Act.
(1) Existing provisions of the Warren-911-Emergency Assistance Act
establishes the number "911" as the primary emergency telephone
number of use in the state. The existing Emergency Telephone Users
Surcharge Act generally imposes a surcharge on amounts paid by every
person in the state for intrastate telephone service and is imposed
at a percentage rate, not less than 0.5% nor more than 0.75% that is
annually estimated to provide revenues sufficient to fund "911"
emergency telephone system costs for the current fiscal year.
This bill would increase the percentage rate range to not less
than 0.5% nor more than 1%.
(2) Existing law establishes the State Emergency Telephone Number
Account in the General Fund, pursuant to which funds derived from a
surcharge imposed on amounts paid by every person in the state for
intrastate telephone communication service may be appropriated by the
Legislature for specified purposes, including costs of
administering, operating, and maintaining the state "911" emergency
telephone number system.
This bill would provide that a minimum of 50% of the funds in the
State Emergency Telephone Number Account shall be allocated for those
specified purposes and costs. This bill would also provide that a
maximum of 25% of the funds in the State Emergency Telephone Number
Account may be allocated to the Office of Emergency Services to pay
primary Public Safety Answering Points for costs associated with
receiving and routing enhanced "911" calls, including personnel
costs, as specified.
(3) This bill makes legislative findings and declarations
regarding the Warren-911-Emergency Assistance Act and the increase in
the volume of, and the increase in the costs associated with, "911"
calls.
(4) This bill would result in a change in state taxes for the
purpose of increasing state revenues within the meaning of Section 3
of Article XIII A of the California Constitution, and thus would
require for passage the approval of 2/3 of the membership of each
house of the Legislature.
(5) This bill would take effect immediately as a tax levy.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The Warren-911-Emergency Assistance Act establishes the number
"911" as the primary number of use in this state.
(b) The Emergency Telephone Users Surcharge Act generally imposes
a surcharge on amounts paid by every person in the state for
intrastate telephone service and is imposed at a percentage rate
range, established in 1980, of between one-half of 1 percent and
three-quarters of 1 percent. This surcharge is annually estimated to
provide revenues to fund "911" emergency telephone system costs for
the current fiscal year. The rate range has remained unchanged since
1980.
(c) In 2005, there were over five million "911" calls, over eight
million "911" calls in 2006, and an estimated 12 million "911" calls
in 2007. This increase represents an 119 percent increase in "911"
calls over those past two years alone. The Department of the
California Highway Patrol, a Public Safety Answering Point, receives
approximately 750,000 "911" calls monthly at its 24 answering points
statewide.
(d) This rapid increase has made it difficult for Public Safety
Answering Points, including the Department of the California Highway
Patrol, to meet the 10-second answering guideline recommended by the
National Emergency Number Association and accepted by the industry,
potentially affecting the safety and well-being of "911" callers.
(e) "911" call volumes continue to grow and additional personnel
with the appropriate training and skills, including language skills,
is needed to meet the 10-second answering guideline.
(f) The current rate range, established in 1980, has not been
adjusted to reflect the increase in costs in receiving and routing
"911" calls associated with the increase in the volume of "911" calls
in the state.
SEC. 2. Section 41030 of the Revenue and Taxation Code is amended
to read:
41030. The Department of General Services shall determine
annually, on or before October 1, a surcharge rate that it estimates
will produce sufficient revenue to fund the current fiscal year's 911
costs. The surcharge rate shall be determined by dividing the costs
(including , including incremental
costs) costs, the Department of General
Services estimates for the current fiscal year of 911 plans approved
pursuant to Section 53115 of the Government Code, less the available
balance in the State Emergency Telephone Number Account in the
General Fund, by its estimate of the charges for intrastate telephone
communications services and VoIP service to which the surcharge will
apply for the period of January 1 to December 31 ,
inclusive, of the next succeeding calendar year, but in no
event shall such the surcharge rate in
any year be greater than three-quarters of 1
percent nor less than one-half of 1 percent.
SEC. 3. Section 41136 of the Revenue and Taxation Code is amended
to read:
41136. Funds in the State Emergency Telephone Number Account
shall, when appropriated by the Legislature, be spent solely for the
following purposes:
(a) A minimum of 50 percent of the revenues of the fund as
follows:
(a)
(1) To pay refunds authorized by this part.
(b)
(2) To pay the State Board of Equalization for the cost
of the administration of this part.
(c)
(3) To pay the Department of General Services for its
costs in administration of the "911" emergency telephone number
system.
(d)
(4) To pay bills submitted to the Department of General
Services by service suppliers or communications equipment companies
for the installation of, and ongoing expenses for, the following
communications services supplied to local agencies in connection with
the "911" emergency phone number system:
(1)
(A) A basic system.
(2)
(B) A basic system with telephone central office
identification.
(3)
(C) A system employing automatic call routing.
(4)
(D) Approved incremental costs.
(e)
(5) To pay claims of local agencies for approved
incremental costs, not previously compensated for by another
governmental agency.
(f)
(6) To pay claims of local agencies for incremental
costs and amounts, not previously compensated for by another
governmental agency, incurred prior to the effective date of this
part, for the installation and ongoing expenses for the following
communication services supplied in connection with the "911"
emergency phone number system:
(1)
(A) A basic system.
(2)
(B) A basic system with telephone central office
identification.
(3)
(C) A system employing automatic call routing.
(4)
(D) Approved incremental costs. Incremental costs shall
not be allowed unless the costs are concurred in by the Division of
Telecommunications of the Department of General Services.
(g) To pay the Division of Telecommunications of the Department of
General Services for the costs associated with the pilot program
authorized by Article 6.5 (commencing with Section 53125) of Chapter
1 of Part 1 of Division 2 of Title 5 of the Government Code.
(b) (1) A maximum of 25 percent of the revenues of the fund to the
Office of Emergency Services to pay Primary Public Safety Answering
Points, which accept wireless enhanced "911" calls from within their
jurisdiction routed directly to their call centers, for costs
associated with receiving and routing enhanced "911" calls, including
personnel costs. The Office of Emergency Services, in consultation
with the State 911 Advisory Board, shall determine the appropriate
formula for costs associated with Primary Public Safety Answering
Points personnel.
(2) Funds allocated pursuant to this subdivision shall supplement,
and not supplant, existing funding for these services
SEC. 4. This act provides for a tax levy within the meaning of
Article IV of the Constitution and shall go into immediate effect.