Amended in Senate July 2, 2014

Amended in Assembly May 28, 2014

Amended in Assembly April 2, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1717

Introduced by Assembly Member Perea

February 13, 2014

An act to begin delete amend end delete begin insert amend, repeal, and add end insert Sections 224.4 and 431 of, and to add begin insert and repeal end insert Section 319 begin delete to, end delete begin insert of, end insert the Public Utilities Code, and to amend begin delete Sections end delete begin insert Section end insert 41020 begin delete and end delete begin insert of, and to amend, repeal, and add Section end insert 41030 of, to add begin insert and repeal Section 41033 of, and to add and repeal end insert Part 21 (commencing with Section 42001) and Part 21.1 (commencing with Section 42100) of Division 2 begin delete to, and to add and repeal Section 41033 end delete of, the Revenue and Taxation Code, relating to telecommunications, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 1717, as amended, Perea. Telecommunications: prepaid mobile telephony services: state surcharge and fees: local charges collection.

(1) The existing Emergency Telephone Users Surcharge Act generally imposes a surcharge on amounts paid by every person in the state for intrastate telephone service to provide revenues sufficient to fund “911” emergency telephone system costs. Amounts are determined annually by the Office of Emergency Services, and upon collection are paid to the State Board of Equalization on a monthly basis by the telephone service supplier and are deposited into the State Treasury to the credit of the State Emergency Telephone Number Account in the General Fund, to be expended for limited purposes, including to pay the Department of General Services for its costs in administration of the “911” emergency telephone number system.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations, and is authorized to fix just and reasonable rates and charges for services provided by those public utilities. Existing law establishes the Public Utilities Commission Utilities Reimbursement Account and authorizes the commission to annually determine a fee to be paid by every public utility providing service directly to customers or subscribers and subject to the jurisdiction of the commission, except for a railroad corporation. The commission is required to establish the fee, with the approval of the Department of Finance, to produce a total amount equal to that amount established in the authorized commission budget for the same year, and an appropriate reserve to regulate public utilities, less specified sources of funding. Existing law establishes the state’s telecommunications universal service programs and authorizes the commission to impose charges for the purpose of funding those programs. Pursuant to this authority, the commission has established 6 end-user surcharges to fund 6 universal service programs.

This bill would enact the Prepaid Mobile Telephony Service Surcharge Collection Act. The bill would establish a prepaid MTS surcharge, as defined, based upon a percentage of the sales price of each retail transaction that occurs in this state for prepaid mobile telephony services, as defined. The prepaid MTS surcharge would include the emergency telephone users surcharge, as defined, and PUC surcharges, as defined. The bill would require a seller, as defined, to collect the prepaid MTS surcharge, as provided, from a prepaid consumer, as defined, and remit the amounts collected to the State Board of Equalization pursuant to the Fee Collection Procedures begin delete Law. end delete begin insert Law, unless the seller is a direct seller, as defined. end insert The bill would require the board, after deducting its administrative expenses, to deposit the amounts collected for the emergency telephone users surcharge into the Prepaid MTS 911 Account and to deposit the amounts collected for PUC surcharges into the Prepaid MTS PUC Account in the Prepaid Mobile Telephony Services Surcharge Fund, which the bill would establish in the State Treasury. begin insert If the seller is a direct seller, it would be required to remit the PUC surcharges to the commission, the emergency telephone users surcharge to the board, and the local charges to the local jurisdiction or agency. end insert The bill would require the commission to annually compute for prepaid mobile telephony services the commission’s reimbursement fee and 6 universal service program surcharges, to post notice of those fees and surcharges on its Internet Web site, and to notify the State Board of Equalization and the Office of Emergency Services of the amounts and the computation method used to determine the amounts, which would be adjusted, as specified, and together would be the PUC surcharges.

The bill begin delete would require that end delete begin insert would, end insert beginning with the begin delete calendar end delete begin insert 2016-17 fiscal end insert year begin delete beginning January 1, 2016, end delete and ending with begin delete an unspecified calendar year, not less than $9,900,000 be paid to the Prepaid MTS 911 Account for each calendar year for prepaid mobile telephony services and that any deficiency in payment to the Prepaid MTS 911 Account, below this amount, resulting from retail transactions by sellers during each calendar year would be the responsibility of prepaid MTS providers. end delete begin insert the 2018-19 fiscal year, require the board to calculate the net amounts collected pursuant to the MTS surcharge for the emergency telephone users surcharge during each fiscal year and to provide notification on its Internet Web site by December 15 following each fiscal year, whether the amount exceeds or is less than $9,900,000. The bill would provide that if for any fiscal year the amount collected is less than $9,900,000, the deficiency is the responsibility, on a pro rata basis, of each prepaid MTS provider based on each provider’s share of total California intrastate prepaid mobile telephony service revenues as reported to the commission. The bill would require the commission to provide the board with information relative to each prepaid MTS provider’s revenue and percentage sales upon request and authorize the board to enforce the obligation of each prepaid MTS provider by serving a notice in a prescribed manner. end insert

The bill would require the commission, 30 days prior to adopting any adjustment to a reimbursement fee or universal service surcharge on both postpaid and prepaid intrastate service to prepare a prescribed resolution or other public document proposing the fee or surcharge adjustment and explaining the calculation of the new fee or surcharge, as specified, and would require the commission to make it available to the public and on the commission’s Internet Web site.

The Moore Universal Telephone Service Act establishes the Universal Lifeline Telephone Service program in order to provide low-income households with access to affordable basic residential telephone service. Existing decisions of the commission exempt lifeline services from the commission’s reimbursement fee and the 6 end-user surcharges that fund the state’s 6 universal service programs.

This bill would exempt the purchase in a retail transaction in this state of prepaid mobile telephony services, either alone or in combination with mobile data or other services, by a consumer from the prepaid MTS surcharge and specified local charges if certain conditions are met, including that the prepaid consumer is certified as eligible for the state lifeline program or federal lifeline program.

The bill would require the Office of Emergency Services to annually compute, as specified, the intrastate portion of the 911 surcharge to be collected on prepaid mobile telephony services, to post notice of those charges, and to notify the State Board of Equalization of the amount, which would be the emergency telephone users surcharge. The bill would require the Office of Emergency Services to prepare a prescribed summary of the calculation of the proposed 911 surcharge and make the summary available to the public and on its Internet Web site, as specified. Local charges would be computed pursuant to the Local Prepaid Mobile Telephony Services Collection Act, discussed below.

Existing law defines mobile telephony services for purposes of the Public Utilities Code.

This bill would revise that definition and incorporate that definition for purposes of the Prepaid Mobile Telephony Service Surcharge Collection Act.

(2) Existing law generally provides that the legislative body of any charter city may make and enforce all ordinances and regulations with respect to municipal affairs, as provided, including, but not limited to, a utility user tax in that municipality. Existing law generally provides that the legislative body of a city may levy any tax that may be levied by a charter city. Existing law further provides that the board of supervisors of any county may levy a utility user tax on the consumption of, among other things, telephone service, in the unincorporated area of the county.

This bill would, on and after January 1, 2016, suspend the authority of a city, county, or city and county, including any charter city, county, or city and county, to impose a utility user tax on the consumption of prepaid communications service at the rate specified in an ordinance adopted pursuant to existing law, and would instead require the utility user tax rate to be applied during that period under any ordinance to be at specified tiered rates, to be collected and administered as prescribed in the Prepaid Mobile Telephony Services Surcharge Collection Act. In addition, the bill would, on or after January 1, 2016, suspend the authority of a city, county, or city and county, including any charter city, county, or city and county, to impose a charge, that applies to prepaid mobile telephony service, on access to communication services or access to local “911” emergency telephone systems, in the city, county, or city and county at the rate as specified in an ordinance adopted pursuant to existing law, and would instead require the charge rate to be applied during that period under any ordinance to be at specified rates, to be collected and administered as prescribed in the Prepaid Mobile Telephony Services Surcharge Collection Act. This bill would specify that a change in a utility user tax rate or access charge rate resulting from either the rate limitations or the end of the suspension period is not subject to voter approval under either statute or Article XIII C of the California Constitution. This bill would require these local charges imposed by a city, county, or a city and county be administered and collected by the State Board of Equalization, deposited in the Local Charges for Prepaid Mobile Telephony Services Fund, which this bill would create, and transmitted to the city, county, or a city and county, as provided.

This bill would allow a consumer to rebut the presumed location of a retail transaction for purposes of the collection of the local charges by filing a claim and declaration under penalty of perjury.

By expanding the crime of perjury, this bill would impose a state-mandated local program.

begin insert

(3) The bill would repeal these provisions on January 1, 2020.

end insert begin delete

(3)

end delete

begin insert (4) end insert  The Fee Collection Procedures Law makes a violation of any provision of the law, or of certain requirements imposed by the board pursuant to the law, a crime.

By expanding the application of the Fee Collection Procedures Law, the violation of which is a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

begin delete

(4)

end delete

begin insert (5) end insert  This bill would declare that it is to take effect immediately as an urgency statute.

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 224.4 of the Public Utilities Code is
amended to read:

224.4.  

(a) “Mobile data service” means the delivery of
nonvoice information over a radio band licensed by the Federal
Communications Commission, to a mobile device and includes
nonvoice information communicated to a mobile telephony services
handset, nonvoice information communicated to handheld personal
digital assistant (PDA) devices and laptop computers, and mobile
paging service carriers offering services on pagers and two-way
messaging devices. “Mobile data service” includes mobile
broadband service offering connectivity over a radio band licensed
by the Federal Communications Commission. Unless specified to
the contrary, “mobile data service” does not include nonvoice
information communicated through a wireless local area network
operating in the unlicensed radio bands, commonly known as a
“Wi-Fi” network.

(b) “Mobile paging service” means the transmission of coded
radio signals over a radio band licensed by the Federal
Communications Commission, for the purpose of activating
specific small radio receivers designed to be carried by a person
and to give an aural, visual, or tactile indication when activated.

(c) “Mobile satellite telephone service” means voice
communication to end users over a mobile satellite service
involving the provision of commercial mobile radio service,
pursuant to Parts 20 and 25 of Title 47 of the Code of Federal
Regulations.

(d) “Mobile telephony service” means commercially available
interconnected mobile phone services that provide voice
communication access to the public switched telephone network
(PSTN), or a successor network, by way of mobile communication
devices employing radiowave technology to transmit calls,
including cellular radiotelephone, broadband Personal
Communications Services (PCS), digital Specialized Mobile Radio
(SMR), or another radio band licensed by the Federal
Communications Commission. “Mobile telephony services” does
not include mobile satellite telephone services or mobile data
services used exclusively for the delivery of nonvoice information
to a mobile device.

begin insert

(e) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 224.4 is added to the end insert begin insert Public Utilities Code end insert begin insert , to
read: end insert

begin insert

begin insert 224.4. end insert   

(a) “Mobile data service” means the delivery of
nonvoice information to a mobile device and includes nonvoice
information communicated to a mobile telephony services handset,
nonvoice information communicated to handheld personal digital
assistant (PDA) devices and laptop computers, and mobile paging
service carriers offering services on pagers and two-way messaging
devices. Unless specified, “mobile data service” does not include
nonvoice information communicated through a wireless local area
network operating in the unlicensed radio bands, commonly known
as a “Wi-Fi” network.

(b) “Mobile paging service” means the transmission of coded
radio signals for the purpose of activating specific small radio
receivers designed to be carried by a person and to give an aural,
visual, or tactile indication when activated.

(c) “Mobile satellite telephone service” means voice
communication to end users over a mobile satellite service
involving the provision of commercial mobile radio service,
pursuant to Parts 20 and 25 of Title 47 of the Code of Federal
Regulations.

(d) “Mobile telephony service” means commercially available
interconnected mobile phone services that provide access to the
public switched telephone network (PSTN), or a successor network,
via mobile communication devices employing radiowave
technology to transmit calls, including cellular radiotelephone,
broadband Personal Communications Services (PCS), and digital
Specialized Mobile Radio (SMR). “Mobile telephony service” does
not include mobile satellite telephone services or mobile data
services used exclusively for the delivery of nonvoice information
to a mobile device.

(e) This section shall become operative on January 1, 2020.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section 319 is added to the Public Utilities Code, to
read:

319.  

(a) The commission shall annually, on or before October
1 of each year, commencing October 1, 2015, compute a
reimbursement fee as a percentage of the sales price for prepaid
mobile telephony services, to be effective on January 1 of the
following year and to be collected and remitted pursuant to the
Prepaid Mobile Telephony Services Surcharge Collection Act (Part
21 (commencing with Section 42001) of Division 2 of the Revenue
and Taxation Code). On or before October 8 of each year,
commencing October 8, 2015, the commission shall post notice
of the reimbursement fee on its Internet Web site and notify both
the Office of Emergency Services and the State Board of
Equalization of this information as well as the computation method
used to determine the reimbursement fee.

(b) The commission shall annually, on or before October 1 of
each year, commencing October 1, 2015, compute the cumulative
amount of the telecommunications universal service surcharges
as a percentage of the sales price for prepaid mobile telephony
services, to be effective on January 1 of the following year and to
be collected and remitted pursuant to the Prepaid Mobile Telephony
Services Surcharge Collection Act (Part 21 (commencing with
Section 42001) of Division 2 of the Revenue and Taxation Code).
On or before October 8 of each year, commencing October 8, 2015,
the commission shall post notice of the cumulative surcharge on
its Internet Web site and notify both the Office of Emergency
Services and the State Board of Equalization of this information
as well as the computation method used to determine the
cumulative surcharge.

(c) (1) Except for the fees and surcharges computed pursuant
to subdivisions (a) and (b), this section neither restricts the
commission’s authority to adjust reimbursement fees or universal
service surcharges nor requires that they only be adjusted once
annually.

(2) In annually computing reimbursement fees and universal
service surcharges to be collected and remitted to the commission
pursuant to this section, the commission shall adjust the fees and
surcharges to account for any past overcollection of fees or
surcharges from prepaid mobile telephony service customers
resulting from a reduction in fees or surcharges made subsequent
to December 31 of the previous year.

(3) In annually computing reimbursement fees and universal
service surcharges to be collected and remitted to the commission
pursuant to this section, the commission may adjust the fees and
surcharges to account for any past undercollection of fees or
surcharges from prepaid mobile telephony service customers
resulting from an increase in fees or surcharges made subsequent
to December 31 of the previous year.

(4) If both upward and downward adjustments are made to
reimbursement fees and universal service surcharges subsequent
to December 31, the commission may adjust how collections are
deposited into the reimbursement and universal service accounts
so that overcollections or undercollections are minimized.

(5) It is the intent of the Legislature that reimbursement fees
and universal service surcharges be applied, as much as possible,
in a competitively neutral manner that does not favor either prepaid
or postpaid payment for mobile telephony services, and that, over
time, collections of state charges from prepaid and postpaid mobile
telephony service customers balance out so that neither pay a
disproportionate amount.

(6) At least 30 days prior to adopting any adjustment to a
reimbursement fee or universal service surcharge to be collected
and remitted to the commission on both postpaid and prepaid
intrastate service, the commission shall prepare a resolution or
other public document proposing the fee or surcharge adjustment
and explaining the calculation of the fee or surcharge. The
commission shall make the resolution or other public document
available to the public and on the commission’s Internet Web site
and it shall include all of the following:

(A) The prior year revenues from the fee or surcharge, including,
but not limited to, revenues from prepaid service.

(B) Projected expenses and revenues from all sources, including,
but not limited to, prepaid service, for the purposes of the fee or
surcharge.

(C) The rationale for adjustment to the reimbursement fee or
universal service surcharge, including, but not limited to, all
impacts from prepaid service surcharge collection.

(d) The commission shall have enforcement authority to ensure
the proper remittances over retail begin delete transactions, end delete begin insert transactions of a
prepaid MTS provider end insert pursuant to the Prepaid Mobile Telephony
Services Surcharge Collection Act (Part 21 (commencing with
Section 42001) of Division 2 of the Revenue and Taxation begin delete Code),
where the prepaid mobile telephony services (prepaid MTS)
provider is also the seller. end delete begin insert Code). For purposes of this section,
“prepaid MTS provider” has the same meaning as defined in
Section 42004 of the Revenue and Taxation Code. end insert The commission
shall collaborate with the State Board of Equalization in exercising
its enforcement authority pursuant to this subdivision.

(e) (1)  begin delete Carriers providing prepaid mobile telephony service end delete begin insert A
prepaid MTS provider end insert shall remit to the commission the fee
established for telephone corporations pursuant to subdivision (a)
of Section 431 on the intrastate portion of the revenues received
for prepaid mobile telephony service through December 31, 2015.

(2)  begin delete Carriers providing prepaid mobile telephony service end delete begin insert A
prepaid MTS provider end insert shall remit to the commission the
telecommunications universal service surcharges established for
telephone corporations on the intrastate portion of the revenues
received for prepaid mobile telephony service through December
31, 2015.

(f) (1) This section does not relieve begin delete carriers providing prepaid
mobile telephony service end delete begin insert a prepaid MTS provider end insert of their
continuing obligation to report prepaid mobile telephony service
revenues to the commission in a manner prescribed by the
commission.

(2) When reporting prepaid mobile telephony service revenues
to the commission, begin delete carriers providing prepaid mobile telephony
service end delete begin insert a prepaid MTS provider end insert shall report the intrastate revenue
portion subject to the reimbursement fee and the
telecommunications universal service surcharges, as well as total
state wireless revenue.

(3) Reports made pursuant to this subdivision are subject to
Section 583 and any related orders of the commission.

begin insert

(g) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

end insert

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

Section 431 of the Public Utilities Code is amended
to read:

431.  

(a) The commission shall annually determine a fee to be
paid by every electrical, gas, telephone, telegraph, water, sewer
system, and heat corporation and every other public utility
providing service directly to customers or subscribers and subject
to the jurisdiction of the commission other than a railroad, except
as otherwise provided in Article 2 (commencing with Section 421),
for common carriers and related businesses, and as otherwise
provided in Section 319, for prepaid mobile telephony service
providers.

(b) The annual fee shall be established to produce a total amount
equal to that amount established in the authorized commission
budget for the same year, including adjustments for increases in
employee compensation, other increases appropriated by the
Legislature, and an appropriate reserve to regulate public utilities
less the amount to be paid from special accounts or funds pursuant
to Section 402, reimbursements, federal funds, and any other
revenues, and the amount of unencumbered funds from the
preceding year.

(c) This article shall not apply to any electrical cooperative as
defined in Chapter 5 (commencing with Section 2776) of Part 2.

begin insert

(d) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 431 is added to the end insert begin insert Public Utilities Code end insert begin insert , to
read: end insert

begin insert

begin insert 431. end insert   

(a) The commission shall annually determine a fee to be
paid by every electrical, gas, telephone, telegraph, water, sewer
system, and heat corporation and every other public utility
providing service directly to customers or subscribers and subject
to the jurisdiction of the commission other than a railroad, except
as otherwise provided in Article 2 (commencing with Section 421).

(b) The annual fee shall be established to produce a total amount
equal to that amount established in the authorized commission
budget for the same year, including adjustments for increases in
employee compensation, other increases appropriated by the
Legislature, and an appropriate reserve to regulate public utilities
less the amount to be paid from special accounts or funds pursuant
to Section 402, reimbursements, federal funds, and any other
revenues, and the amount of unencumbered funds from the
preceding year.

(c) This article shall not apply to any electrical cooperative as
defined in Chapter 5 (commencing with Section 2776) of Part 2.

(d) On and after January 1, 1985, this article shall apply to
radiotelephone utilities as defined in Section 4902 as those
provisions read on December 31, 1984.

(e) This section shall become operative on January 1, 2020.

end insert

begin delete SEC. 4. end delete
begin insert SEC. 6. end insert   

Section 41020 of the Revenue and Taxation Code is
amended to read:

41020.  

(a) A surcharge is hereby imposed on amounts paid
by every person in the state for both of the following:

(1) (A) Intrastate telephone communication service in this state.

(B) Notwithstanding subparagraph (A), on and after January 1,
2016, begin insert and before January 1, 2020, end insert in lieu of the surcharge imposed
under subparagraph (A), a surcharge shall be imposed on amounts
paid for prepaid mobile telephony services pursuant to the Prepaid
Mobile Telephony Services Surcharge Collection Act (Part 21
(commencing with Section 42001)).

(2) VoIP service that provides access to the “911” emergency
system by utilizing the digits 9-1-1 by any service user in this state
commencing on January 1, 2009. The surcharge shall not apply to
charges for VoIP service where any point of origin or destination
is outside of this state.

(b) (1) Notwithstanding Section 41025, charges not subject to
the surcharge may be calculated by a service supplier based upon
books and records kept in the regular course of business, and, for
purposes of calculating the interstate revenue portion not subject
to the surcharge, a service supplier may also choose a reasonable
and verifiable method from the following:

(A) Books and records kept in the regular course of business.

(B) Traffic or call pattern studies representative of the service
supplier’s business within California.

(C) For VoIP service only, the VoIP safe harbor factor
established by the FCC to be used to calculate the service supplier’s
contribution to the federal Universal Service Fund. The FCC safe
harbor factor in effect for VoIP service on September 1 of each
year shall apply for the period of January 1 to December 31,
inclusive, of the next succeeding calendar year for purposes of this
method. At the time the FCC establishes a safe harbor factor for
the federal Universal Service Fund for VoIP service that is greater
than 75 percent for interstate revenue or abolishes the safe harbor
factor applicable to VoIP service, this method shall become void
and of no effect, in which case a VoIP service supplier may use
an alternative method approved in advance by the board, which
shall be available to all VoIP service suppliers. The FCC safe
harbor factor applicable to VoIP service, as described in this
subparagraph, is used solely as a mechanism to calculate the
charges not subject to the surcharge for VoIP service and is not
necessarily reflective of the intrastate portion of VoIP service. The
use of the FCC safe harbor factor authorized by this subdivision
shall not be interpreted to permit application of any intrastate
requirement, other than the surcharge imposed under this part,
upon VoIP service suppliers.

(2) Any method chosen by a service supplier shall remain in
effect for at least one calendar year.

(3)  If a service supplier reasonably relies upon books and
records kept in the regular course of business or any documentation
that satisfies the reasonable and verifiable method, then the service
supplier’s determination of the portion of the billed amount
attributable to services not subject to the surcharge shall be
rebuttably presumed to be correct. The service supplier’s choice
of books and records or other method and surcharge billing practice
shall also be rebuttably presumed to be fair and legal business
practices.

(4) It is the intent of the Legislature that the provisions of
subparagraph (C) shall not be considered to be a precedent for the
application of the surcharge or any other tax or fee where a person
is required to collect a tax or fee imposed upon another.

(c) The surcharge imposed shall be at the rate of one-half of 1
percent of the charges made for the services to and including
November 1, 1982, and thereafter at a rate fixed pursuant to Article
2 (commencing with Section 41030).

(d) The surcharge shall be paid by the service user as hereinafter
provided.

(e) The surcharge imposed shall not apply to either of the
following:

(1) In accordance with the Mobile Telecommunications Sourcing
Act (Public Law 106-252), which is incorporated herein by
reference, to any charges for mobile telecommunications services
billed to a customer where those services are provided, or deemed
provided, to a customer whose place of primary use is outside this
state. Mobile telecommunications services shall be deemed
provided by a customer’s home service provider to the customer
if those services are provided in a taxing jurisdiction to the
customer, and the charges for those services are billed by or for
the customer’s home service provider.

(2) To any charges for VoIP service billed to a customer where
those services are provided to a customer whose place of primary
use of VoIP service is outside this state.

(f) For purposes of this section:

(1) “Charges for mobile telecommunications services” means
any charge for, or associated with, the provision of commercial
mobile radio service, as defined in Section 20.3 of Title 47 of the
Code of Federal Regulations, as in effect on June 1, 1999, or any
charge for, or associated with, a service provided as an adjunct to
a commercial mobile radio service, that is billed to the customer
by or for the customer’s home service provider, regardless of
whether individual transmissions originate or terminate within the
licensed service area of the home service provider.

(2) “Customer” means (A) the person or entity that contracts
with the home service provider for mobile telecommunications
services, or with a VoIP service provider for VoIP service, or (B)
if the end user of mobile telecommunications services or VoIP
service is not the contracting party, the end user of the mobile
telecommunications service or VoIP service. This paragraph applies
only for the purpose of determining the place of primary use. The
term “customer” does not include (A) a reseller of mobile
telecommunications service or VoIP communication service, or
(B) a serving carrier under an arrangement to serve the mobile
customer outside the home service provider’s licensed service
area.

(3) “Home service provider” means the facilities-based carrier
or reseller with which the customer contracts for the provision of
mobile telecommunications services.

(4) “Licensed service area” means the geographic area in which
the home service provider is authorized by law or contract to
provide commercial mobile radio service to the customer.

(5) “Mobile telecommunications service” means commercial
mobile radio service, as defined in Section 20.3 of Title 47 of the
Code of Federal Regulations, as in effect on June 1, 1999.

(6) “Place of primary use” means the street address
representative of where the customer’s use of the mobile
telecommunications service or VoIP service primarily occurs, that
must be:

(A) The residential street address or the primary business street
address of the customer.

(B) With respect to mobile telecommunications service, within
the licensed service area of the home service provider.

(7) (A) “Reseller” means a provider who purchases
telecommunications services or VoIP service from another
telecommunications service provider or VoIP service and then
resells the services, or uses the services as a component part of,
or integrates the purchased services into, a mobile
telecommunications service or VoIP service.

(B) “Reseller” does not include a serving carrier with which a
home service provider arranges for the services to its customers
outside the home service provider’s licensed service area.

(8) “Serving carrier” means a facilities-based carrier providing
mobile telecommunications service to a customer outside a home
service provider’s or reseller’s licensed area.

(9) “Taxing jurisdiction” means any of the several states, the
District of Columbia, or any territory or possession of the United
States, any municipality, city, county, township, parish,
transportation district, or assessment jurisdiction, or any other
political subdivision within the territorial limits of the United States
with the authority to impose a tax, charge, or fee.

(10) “VoIP service provider” means that provider of VoIP
service with whom the end user customer contracts for the
provision of VoIP services for the customer’s own use and not for
resale.

(11) “Prepaid mobile telephony services” has the same meaning
as in subdivision begin delete (j) end delete begin insert (k) end insert of Section 42004.

begin delete SEC. 5. end delete
begin insert SEC. 7. end insert   

Section 41030 of the Revenue and Taxation Code is
amended to read:

41030.  

(a) The Office of Emergency Services shall determine
annually, on or before October 1, to be effective on January 1 of
the following year, a surcharge pursuant to subdivision (b) that it
estimates will produce sufficient revenue to fund the current fiscal
year’s 911 costs.

(b) (1) Commencing with the calculation made on October 1,
2014, the surcharge rate shall be determined by dividing the costs
(including incremental costs) the Office of Emergency Services
estimates for the current fiscal year of 911 begin delete plans end delete begin insert costs end insert approved
pursuant to begin delete Section 53115 end delete begin insert Article 6 (commencing with Section
53100) of Chapter 1 of Part 1 of Division 2 of Title 3 end insert 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, 2015, to December 31, 2015, inclusive,
but in no event shall the surcharge rate in any year be greater than
three-quarters of 1 percent or less than one-half of 1 percent.

(2) Commencing with the calculation made October 1, 2015,
to be effective January 1, 2016, the surcharge shall be determined
by dividing the costs (including incremental costs) the Office of
Emergency Services estimates for the current fiscal year of 911
begin delete plans end delete begin insert costs end insert approved pursuant to begin delete Section 53115 end delete begin insert Article 6
(commencing with Section 53100) of Chapter 1 of Part 1 of
Division 2 of Title 3 end insert 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, the intrastate portion of
prepaid mobile telephony 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 the surcharge rate in any year be greater than three-quarters
of 1 percent or less than one-half of 1 percent. In making its
computation of the charges that are applicable to the intrastate
portion of prepaid mobile telephony services, the Office of
Emergency Services shall use the computation method developed
by the Public Utilities Commission and reported to the Office of
Emergency Services pursuant to subdivisions (a) and (b) of Section
319 of the Public Utilities Code.

begin insert

(c) When determining the surcharge rates pursuant to this
section, the office shall include the costs it expects to incur to plan,
test, implement, and operate Next Generation 911 technology and
services, including text to 911 service.

end insert begin delete

(c)

end delete

begin insert (d) end insert  The Office of Emergency Services shall notify the board of
the surcharge amount collected pursuant to this part and the
surcharge amount applicable to prepaid mobile telephony services
by October 15 of each year.

begin delete

(d)

end delete

begin insert (e) end insert  At least 30 days prior to determining the surcharge pursuant
to subdivision (a), the Office of Emergency Services shall prepare
a summary of the calculation of the proposed surcharge and make
it available to the public and on its Internet Web site. The summary
shall contain all of the following:

(1) The prior year revenues to fund 911 costs, including, but
not limited to, revenues from prepaid service.

(2) Projected expenses and revenues from all sources, including,
but not limited to, prepaid service to fund 911 costs.

(3) The rationale for adjustment to the surcharge determined
pursuant to subdivision (b), including, but not limited to, all
impacts from the surcharge collected pursuant to Part 21
(commencing with Section 42001).

begin insert

(f) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 41030 is added to the end insert begin insert Revenue and Taxation
Code end insert begin insert , to read: end insert

begin insert

begin insert 41030. end insert   

(a) The Office of Emergency 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 incremental costs) the Office of Emergency
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 surcharge rate in any year be greater than
three-quarters of 1 percent nor less than one-half of 1 percent.

(b) This section shall become operative on January 1, 2020.

end insert

begin delete SEC. 6. end delete
begin insert SEC. 9. end insert   

Section 41033 is added to the Revenue and Taxation
Code, to read:

41033.  

(a) For purposes of this section, the following terms
have the following meanings:

(1) “Prepaid mobile telephony services” has the same meaning
as defined in Section 42004.

(2) “Prepaid MTS provider” has the same meaning as defined
in Section 42004.

(3) “Prepaid MTS 911 Account” means the Prepaid MTS 911
Account created in the Prepaid Mobile Telephony Services
Surcharge Fund pursuant to Section 42023.

(4) “Retail transaction” has the same meaning as defined in
Section 42004.

(5) “Seller” has the same meaning as defined in Section 42004.

begin delete

(b) Beginning with the calendar year beginning January 1, 2016,
and ending with the calendar year ending December 31,____, not
less than nine million nine-hundred thousand dollars ($9,900,000)
shall be paid to the Prepaid MTS 911 Account for each calendar
year for prepaid mobile telephony services. Any deficiency in
payment to the Prepaid MTS 911 Account, below this amount,
resulting from retail transactions by sellers during each calendar
year, shall be the responsibility of prepaid MTS providers.

end delete begin delete

(c) On November 15, 2017, and by November 15 of each year
thereafter, the board shall determine whether nine million
nine-hundred thousand dollars ($9,900,000) was paid to the Prepaid
MTS 911 Account pursuant to Section 42023, for retail transactions
occurring during the previous calendar year. If in any calendar
year

end delete begin insert

(b) (1) For each fiscal year, beginning with the 2016-17 fiscal
year and ending with the 2018-19 fiscal year, the board shall
calculate the following on or before the November 1 following the
end of that fiscal year:

end insert begin insert

(A) The total collections for the fiscal year of that portion of
the prepaid MTS surcharge that is for the emergency telephone
users surcharge, net of any amounts that a seller was permitted
to deduct and retain pursuant to subdivision (e) of Section 42010.

end insert begin insert

(B) Less the expenses incurred and reimbursed to the board for
the fiscal year from that portion of the prepaid MTS surcharge
that is for the emergency telephone users surcharge pursuant to
subdivision (e) of Section 42020.

end insert begin insert

(2) The board shall provide notification of whether the amount
calculated in this section exceeds or is less than nine million nine
hundred thousand dollars ($9,900,000) on its Internet Web site by
December 15 following the calculation, along with the underlying
calculations, assumptions, and methodology.

end insert

begin insert (c) end insert begin insert   end insert begin insert If for any fiscal year the calculation performed pursuant to
subdivision (b) results in an amount end insert less than nine million
begin delete nine-hundred end delete begin insert nine hundred end insert thousand dollars begin delete ($9,900,000) was
paid to the Prepaid MTS 911 Account, the end delete begin insert ($9,900,000), the
deficiency shall be the responsibility, on a pro rata basis of each
prepaid MTS provider, as provided in this subdivision. The end insert board
shall calculate the deficiency and bill each prepaid MTS provider
its pro rata share of that begin delete deficiency. A end delete begin insert deficiency based upon each end insert
prepaid MTS provider’s begin delete pro rata share shall be calculated based
upon each provider’s end delete percentage share of total California intrastate
prepaid mobile telephony services begin delete revenue. end delete begin insert revenues, as reported
to the Public Utilities Commission pursuant to Section 319 of the
Public Utilities Code for the prior fiscal year. end insert

begin delete

(d) A prepaid MTS provider shall remit the amount billed to it
pursuant to subdivision (c) to the board and the board shall deposit
all amounts remitted to the Prepaid MTS 911 Account.

end delete begin insert

(d) The Public Utilities Commission, within 45 days of request,
shall provide the board the name and address of each prepaid
MTS provider and each prepaid MTS provider’s California
intrastate prepaid mobile telephone services revenue, along with
the provider’s percentage share of total California intrastate
prepaid mobile telephony services revenue for the prior fiscal year,
and any other information the board deems necessary.

end insert begin insert

(e) The obligation of each prepaid MTS provider shall be
enforced by serving a notice in the manner prescribed for service
of a notice of a deficiency determination, not later than three years
after the date the board determines that the calculation performed
pursuant to subdivision (b) results in a deficiency for the previous
fiscal year. Notwithstanding any provisions to the contrary in this
part, a petition for a redetermination of a notice issued pursuant
to this subdivision may be filed within 60 days after service upon
the person of notice thereof. Solely for purposes of a notice issued
pursuant to this subdivision, interest shall begin to accrue at the
expiration of the 60-day period. If a petition for redetermination
is not filed within the 60-day period, the determination becomes
final at the expiration of that period. All determinations made by
the board under this section are due and payable at the time they
become final. If they are not paid when due and payable, a penalty
of 10 percent of the amount of the determination, exclusive of
interest and penalties, shall be added thereto. Interest shall apply
in accordance with Article 6 (commencing with Section 41095).
The liability imposed by this section shall be collected by the board
in accordance with the provisions of this part.

end insert begin delete

(e)

end delete

begin insert (f) end insert  This section shall remain in effect only until January 1, ____,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, ____, deletes or extends that date.

begin delete SEC. 7. end delete
begin insert SEC. 10. end insert   

Part 21 (commencing with Section 42001) is added
to Division 2 of the Revenue and Taxation Code, to read:

 

PART 21.  Prepaid Mobile Telephony Services
Surcharge Collection Act

 

Chapter  1. General Provisions and Definitions

 

42001.  

This part shall be known, and may be cited, as the
Prepaid Mobile Telephony Services Surcharge Collection Act.

42002.  

The Legislature finds and declares all of the following:

(a) Maintaining effective and efficient communications services,
911 emergency systems, communications-related public policy
programs to promote universal service, and various local programs
across the state benefits all persons with access to the
telecommunications system.

(b) Providers of end-use communications services, including
providers of mobile voice telecommunications services, which the
Federal Communications Commission terms mobile telephony
service, are required to collect and remit communications taxes,
fees, and surcharges on various types of communication service
revenues, as provided by existing state or local law.

(c) Consumers purchase prepaid mobile telephony services at
a wide variety of retail locations and other distribution channels,
as well as through service providers.

(d) Prepaid mobile telephony services are an important and
growing segment of the communications industry. Prepaid mobile
telephony services are often the only means by which persons with
low incomes can obtain limited access to the telecommunications
system.

(e) To ensure equitable contributions from end-use consumers
of postpaid and prepaid mobile telephony services in this state,
there should be standardization with respect to the method used
to collect communications taxes, fees, and surcharges from end-use
consumers of prepaid mobile telephony services.

(f) Prepaid mobile telephony services are frequently sold by a
third-party retailer that is not the provider of mobile telephony
services, and collecting taxes, fees, and surcharges from prepaid
consumers of mobile telephony services at the time of the retail
transaction is necessary and the most efficient and competitively
neutral means of collection.

(g) An equitable distribution mechanism is necessary to ensure
that utility user taxes and other telecommunication charges are
collected on behalf of cities and counties and are properly
distributed to those jurisdictions.

42004.  

For purposes of this part, the following terms have the
following meanings:

(a) “Board” means the State Board of Equalization.

begin insert

(b) (1) “Direct seller” means a prepaid MTS provider or
service supplier, as defined in Section 41007, that makes a sale of
prepaid mobile telephony services directly to a prepaid consumer
for any purpose other than resale in the regular course of business.
A direct seller includes, but is not limited, to any of the following:

end insert begin insert

(A) A telephone corporation, as defined by Section 234 of the
Public Utilities Code.

end insert begin insert

(B) An interconnected Voice over Internet Protocol (VoIP)
service, as defined in Section 285 of the Public Utilities Code.

end insert begin insert

(C) A retailer, as defined by Section 6203, that is a member of
the same commonly controlled group, as defined in Section 25105,
or that is a member of the same combined reporting group, as
defined in paragraph (3) of subdivision (b) of Section 25106.5 of
Title 18 of the California Code of Regulations, as an entity
described in subparagraph (A) or (B).

end insert begin insert

(D) A retailer, as defined by Section 6203, that sells prepaid
mobile telephony services to a prepaid consumer pursuant to an
exclusive contract with a telephone corporation, as defined in
Section 234 of the Public Utilities Code, where the retailer
activates the prepaid wireless mobile telephony service at the
point-of-sale for the consumer.

end insert begin insert

(2) For purposes of this subdivision, “sale” means any transfer
of title, possession, exchange, or barter, conditional or otherwise.

end insert begin delete

(b)

end delete

begin insert (c) end insert  “Emergency telephone users surcharge” means surcharges
authorized pursuant to the Emergency Telephone Users Surcharge
Act (Part 20 (commencing with Section 41001)) to be collected
from prepaid consumers of mobile telephony services.

begin delete

(c)

end delete

begin insert (d) end insert  “In this state” means within the exterior limits of the State
of California and includes all territory within those limits owned
by or ceded to the United States of America.

begin delete

(d)

end delete

begin insert (e) end insert  “Local charges” means those charges described in
subdivision (a) of Section 42101.

begin delete

(e)

end delete

begin insert (f) end insert  “Local jurisdiction” or “local agency” means a city, county,
or city and county, which includes a charter city, county, or city
and county.

begin delete

(f)

end delete

begin insert (g) end insert  “Mobile data service” has the same meaning as defined in
Section 224.4 of the Public Utilities Code.

begin delete

(g)

end delete

begin insert (h) end insert  “Mobile telephony service” or “MTS” has the same meaning
as defined in Section 224.4 of the Public Utilities Code.

begin delete

(h)

end delete

begin insert (i) end insert  “Person” includes any individual, firm, partnership, joint
venture, limited liability company, association, social club, fraternal
organization, corporation, estate, trust, business trust, receiver,
assignee for the benefit of creditors, trustee, trustee in bankruptcy,
syndicate, the United States, this state, any city, county, city and
county, municipality, district, or other political subdivision of the
state, or any other group or combination acting as a unit.

begin delete

(i)

end delete

begin insert (j) end insert  “Prepaid consumer” or “consumer” means a person who
purchases prepaid mobile telephony services in a retail transaction.

begin delete

(j)

end delete

begin insert (k) end insert  “Prepaid mobile telephony services” means the right to
utilize a mobile device begin delete authorized by the Federal Communications
Commission end delete for mobile telecommunications services or
information services, including the download of digital products
delivered electronically, content, and ancillary services, or both
telecommunications services and information services, that must
be purchased in advance of usage in predetermined units or dollars.
For these purposes, “telecommunications service” and “information
service” have the same meanings as defined in Section 153 of Title
47 of the United States Code.

begin delete

(k)

end delete

begin insert (l) end insert  “Prepaid MTS provider” means a begin delete person end delete begin insert telephone
corporation, pursuant to Section 234 of the Public Utilities Code, end insert
that provides prepaid mobile telephony begin delete services pursuant to a
license issued by the Federal Communications Commission. end delete
begin insert services. end insert

begin delete

(l)

end delete

begin insert (m) end insert  “Prepaid MTS surcharge” means the surcharge that consists
of the emergency telephone users surcharge and the Public Utilities
Commission surcharges, as calculated pursuant to subdivision (b)
of Section 42010, that is required to be collected by a seller from
a prepaid consumer.

begin delete

(m)

end delete

begin insert (n) end insert  “Public Utilities Commission surcharges” means surcharges
authorized by the Public Utilities Commission to be billed and
collected from end-use consumers of wireless communications
services, and of which the commission provides the board with
notice pursuant to Section 319 of the Public Utilities Code,
including:

(1) The California High-Cost Fund-A Administrative Committee
Fund program surcharge (Section 275.6 of the Public Utilities
Code).

(2) The California High-Cost Fund-B Administrative Committee
Fund program surcharge (Section 739.3 of the Public Utilities
Code).

(3) The Deaf and Disabled Telecommunications Program
Administrative Committee Fund surcharge (Section 2881 of the
Public Utilities Code).

(4) The California Teleconnect Fund Administrative Committee
Fund program surcharge (Section 280 of the Public Utilities Code).

(5) The California Advanced Services Fund program surcharge
(Section 281 of the Public Utilities Code).

(6) The Moore Universal Telephone Service Act (Article 8
(commencing with Section 871) of Chapter 4 of Part 1 of Division
1 of the Public Utilities Code).

(7) Public Utilities Commission reimbursement fees imposed
pursuant to Chapter 2.5 (commencing with Section 401) of Part 1
of Division 1 of the Public Utilities Code.

begin delete

(n)

end delete

begin insert (o) end insert  “Retail transaction” means the purchase of prepaid mobile
telephony services, either alone or in combination with mobile
data or other services, from a seller for any purpose other than
resale in the regular course of business. For these purposes, a
“purchase” means any transfer of title or possession, exchange, or
barter, conditional or otherwise.

begin delete

(o)

end delete

begin insert (p) end insert  “Seller” means a person that sells prepaid mobile telephony
service to a person in a retail transaction.

 

Chapter  2. The Prepaid Mobile Telephony Services
Surcharge

 

42010.  

(a) (1) On and after January 1, 2016, a prepaid MTS
surcharge shall be imposed on each prepaid consumer and shall
be collected by a seller from each prepaid consumer at the time of
each retail transaction in this state. The prepaid MTS surcharge
shall be imposed as a percentage of the sales price of each retail
transaction that occurs in this state.

(2) The prepaid MTS surcharge shall be in lieu of any charges
imposed pursuant to the Emergency Telephone Users Surcharge
Act (Part 20 (commencing with Section 41001)) and the Public
Utilities Commission surcharges for prepaid mobile telephony
services.

(b) The prepaid MTS surcharge shall be annually calculated by
the board by no later than November 1 of each year commencing
November 1, 2015, by adding the following:

(1) The surcharge rate reported pursuant to subdivision (c) of
Section 41030.

(2) The Public Utilities Commission’s reimbursement fee and
telecommunications universal service surcharges, established by
the Public Utilities Commission pursuant to subdivisions (a) and
(b) of Section 319 of the Public Utilities Code.

(c) (1) The board shall post, for each local jurisdiction, the
combined total of the rates of prepaid MTS surcharge and the rate
or rates of local charges, as calculated pursuant to Sections 42102
and 42102.5, that each local jurisdiction has adopted, not later than
December 1 of each year, on its Internet Web site. The posted
combined rate shall be the rate that applies to all retail transactions
during the calendar year beginning April 1 following the posting.

(2) Notwithstanding paragraph (1), if a local agency notifies
the board pursuant to subdivision (d) of Section 42101.5 that the
posted rate is inaccurate or it no longer imposes a local charge or
local charges or that the rate of its local charge or local charges
has decreased, the board shall promptly post a recalculated rate
that is applicable to the jurisdiction of that local agency. The
change shall become operative on the first day of the calendar
quarter commencing more than 60 days from the date the local
agency notifies the board of the inaccuracy or that it no longer
imposes a local charge or that the rate of its local charge has
decreased. Nothing in this section modifies the notice obligations
of Section 799 of the Public Utilities Code. However, beginning
January 1, 2016, the notification and implementation requirements
of paragraphs (5) and (6) of subdivision (a) of Section 799 of the
Public Utilities Code shall not apply to prepaid mobile telephony
services.

(3) A seller collecting the prepaid MTS surcharge and local
charges pursuant to this part and Part 21.1 (commencing with
Section 42100) may rely upon the accuracy of the information
posted on the board’s Internet Web site in collecting the state
surcharge and local charges.

(d) (1) Except for amounts retained pursuant to subdivision (e),
begin insert and except as provided in subdivision (f) for a seller that is a direct
seller, end insert all amounts of the prepaid MTS surcharge and local charges
collected by sellers shall be remitted to the board pursuant to
Chapter 3 (commencing with Section 42020).

(2) A seller that is authorized to provide lifeline service under
the state lifeline program or federal lifeline program, that sells
prepaid mobile telephony services directly to the prepaid customer,
shall remit the prepaid MTS surcharge to the board, less any
applicable exemption from the surcharge that is applicable to the
retail transaction pursuant to Section 42012.

(e) A seller begin insert that is not a prepaid MTS provider end insert shall be permitted
to deduct and retain an amount equal to 2 percent of the amounts
that are collected by the seller from prepaid consumers for the
prepaid MTS surcharge and local charges, begin delete except in a retail
transaction that involves both end delete begin insert on a pro rata basis, according to
that portion of the revenues collected by the seller for each end insert of the
following:

begin delete

(1) The seller is the provider of prepaid mobile telephony
services pursuant to Section 224.4 of the Public Utilities Code, or
a telephone corporation pursuant to Section 234 of the Public
Utilities Code.

end delete begin delete

(2) The seller sells the prepaid mobile telephony services directly
to the prepaid consumer.

end delete begin insert

(1) The emergency telephone users surcharge.

end insert begin insert

(2) The Public Utilities Commission surcharges.

end insert begin insert

(3) Local charges.

end insert begin insert

(f) (1) A direct seller shall remit that portion of the prepaid
MTS surcharge that consists of the Public Utilities Commission
surcharges directly to the commission, and not to the board, for
those retail transactions with a prepaid consumer in the state. The
seller that is a telephone corporation shall remit the Public Utilities
Commission surcharges with those reports required by the
commission.

end insert begin insert

(2) A direct seller shall remit that portion of the prepaid MTS
surcharge that consists of the emergency telephone users surcharge
to the board pursuant to the Emergency Telephone Users
Surcharge Act (Part 20 (commencing with Section 41001)) for
those retail transactions with a prepaid consumer in the state.

end insert begin insert

(3) A direct seller shall remit that portion of the prepaid MTS
surcharge that is for local charges, if applicable, to the local
jurisdiction or local agency imposing the local charge.

end insert begin delete

(f)

end delete

begin insert (g) end insert  The amount of the combined prepaid MTS surcharge and
local charges shall be separately stated on an invoice, receipt, or
other similar document that is provided to the prepaid consumer
of mobile telephony services by the seller, or otherwise disclosed
electronically to the prepaid consumer, at the time of the retail
transaction.

begin delete

(g)

end delete

begin insert (h) end insert  The prepaid MTS surcharge is required to be collected by
a seller and any amount unreturned to the prepaid consumer of
mobile telephony services that is not owed as part of the surcharge,
but was collected from the prepaid consumer under the
representation by the seller that it was owed as part of the
surcharge, constitute debts owed by the seller to this state. The
local charge shall be collected by a seller, and any amount
unreturned to the prepaid consumer of mobile telephony services
that is not owed as part of the local charge but that was collected
from the prepaid consumer under the representation by the seller
that it was owed as part of the local charge constitutes a debt owed
by the seller jointly to the state, for purposes of collection on behalf
of, and payment to, the local jurisdiction and to the local
jurisdiction imposing that local charge.

begin delete

(h)

end delete

begin insert (i) end insert  A seller that has collected any amount of prepaid MTS
surcharge and local charges in excess of the amount of the
surcharge imposed by this part and actually due from a prepaid
consumer may refund that amount to the prepaid consumer, even
though the surcharge amount has already been paid over to the
board and no corresponding credit or refund has yet been secured.
Any seller making a refund of any charge to a prepaid consumer
may repay therewith the amount of the surcharge paid.

begin delete

(i)

end delete

begin insert (j) end insert  (1) Every prepaid consumer of mobile telephony services
in this state is liable for the prepaid MTS surcharge and any local
charges until they have been paid to this state, except that payment
to a seller registered under this part relieves the prepaid consumer
from further liability for the surcharge and local charges. Any
surcharge collected from a prepaid consumer that has not been
remitted to the board shall be a debt owed to the state by the person
required to collect and remit the surcharge. Any local charge
collected from a prepaid consumer that has not been remitted to
the board shall be a debt owed jointly to the state, for purposes of
collection on behalf of, and payment to, the local jurisdiction and
to the local jurisdiction imposing the local charge by the person
required to collect and remit the local charge. Nothing in this part
shall impose any obligation upon a seller to take any legal action
to enforce the collection of the surcharge or local charge imposed
by this section.

(2) A credit shall be allowed against, but shall not exceed, the
prepaid MTS surcharge and local charges imposed on any prepaid
consumer of mobile telephony services by this part to the extent
that the prepaid consumer has paid emergency telephone users
charges, state utility regulatory commission fees, state universal
service charges, or local charges on the purchase to any other state,
political subdivision thereof, or the District of Columbia. The credit
shall be apportioned to the charges against which it is allowed in
proportion to the amounts of those charges.

begin delete

(j)

end delete

begin insert (k) end insert  (1) A seller is relieved from liability to collect the prepaid
MTS surcharge imposed by this part that became due and payable,
insofar as the base upon which the surcharge is imposed is
represented by accounts that have been found to be worthless and
charged off for income tax purposes by the seller or, if the seller
is not required to file income tax returns, charged off in accordance
with generally accepted accounting principles. A seller that has
previously paid the surcharge may, under rules and regulations
prescribed by the board, take as a deduction on its return the
amount found worthless and charged off by the seller. If any such
accounts are thereafter in whole or in part collected by the seller,
the amount so collected shall be included in the first return filed
after such collection and the surcharge shall be paid with the return.

(2) The board may by regulation promulgate such other rules
with respect to uncollected or worthless accounts as it shall deem
necessary to the fair and efficient administration of this part.

42012.  

(a) For purposes of this section, “state lifeline program”
means the program furnishing lifeline voice communication service
pursuant to the Moore Universal Telephone Service Act (Article
8 (commencing with Section 871) of Chapter 4 of Part 1 of
Division 1 of the Public Utilities Code).

(b) The purchase in a retail transaction in this state of prepaid
mobile telephony services, either alone or in combination with
mobile data or other services, by a consumer is exempt from the
prepaid MTS surcharge if all of the following apply:

(1) The prepaid consumer is certified as eligible for the state
lifeline program or federal lifeline program.

(2) The seller is authorized to provide lifeline service under the
state lifeline program or federal lifeline program.

(3) The exemption is applied only to the amount paid for the
portion of the prepaid mobile telephony service that the lifeline
program specifies is exempt from the surcharges and fees that
comprise the prepaid MTS surcharge.

42014.  

(a) For purposes of this part, a retail transaction occurs
in the state under any of the following circumstances:

(1) The prepaid consumer makes the retail transaction in person
at a business location in the state (point-of-sale transaction).

(2) If paragraph (1) is not applicable, the prepaid consumer’s
address is in the state (known address transaction). A
known-address transaction occurs in the state under any of the
following circumstances:

(A) The retail sale involves shipping of an item to be delivered
to, or picked up by, the prepaid consumer at a location in the state.

(B) If the prepaid consumer’s address is known by the seller to
be in the state, including if the seller’s records maintained in the
ordinary course of business indicate that the prepaid consumer’s
address is in the state and the records are not made or kept in bad
faith.

(C) The prepaid consumer provides an address during
consummation of the retail transaction that is in the state, including
an address provided with respect to the payment instrument if no
other address is available and the address is not given in bad faith.

(D) The mobile telephone number is associated with a location
in this state.

(b) (1) A retail transaction shall occur at only one location for
purposes of determining local charges. If the retail transaction is
a point-of-sale transaction, the consumption of, use of, or access
to, the prepaid mobile telephony service shall be presumed to be
at that location.

(2) If the retail transaction is a known-address transaction, the
location shall be as determined in descending order beginning with
subparagraph (A) of paragraph (2) of subdivision (a); if
subparagraph (A) of that paragraph is inapplicable, then pursuant
to subparagraph (B) of that paragraph; if both subparagraphs (A)
and (B) of that paragraph are inapplicable, then subparagraph (C)
of that paragraph; and if subparagraphs (A), (B), and (C) of that
paragraph are inapplicable, then subparagraph (D) of that
paragraph. In a known address transaction, the consumption of,
use of, or access to, the prepaid mobile telephony service shall be
presumed to be at the known address.

(c) (1) A seller that relies in good faith on information provided
by the board to match the location of a point-of-sale transaction
to the applicable prepaid MTS surcharge amount and local charges,
that collects that amount from the prepaid consumer, and that
remits the amount to the board in compliance with this part, shall
not be liable for any additional MTS surcharge or local charges
and shall not be required to refund any amounts collected and paid
to the board to the prepaid consumer.

(2) For a known-address transaction, the seller may collect the
prepaid MTS surcharge and local charges that correspond to the
five-digit postal ZIP Code of the prepaid consumer’s address. A
seller that, with due diligence and in good faith, relies on credible
information to match the five-digit postal ZIP Code of the prepaid
consumer’s address to the applicable prepaid MTS surcharge and
local charges amount, that collects that amount from the prepaid
consumer, and that remits the amount to the board in compliance
with this part, shall not be liable for any additional MTS surcharge
or local charges and shall not be required to refund any amounts
collected and paid to the board to the prepaid consumer, even if
the five-digit postal ZIP Code of the prepaid consumer’s address
that the seller uses corresponds to more than one local charge.

42018.  

(a) Except as provided in subdivisions (b) and (c), if
prepaid mobile telephony services are sold in combination with
mobile data services or any other services or products for a single
price, then the prepaid MTS surcharge and local charges shall
apply to the entire price.

(b) If prepaid mobile telephone services are sold with a mobile
telephone service communication device, commonly termed a
cellular telephone, for a single, nonitemized price, then the prepaid
MTS surcharge and local charges shall apply to the entire
nonitemized price, except if the purchase price for the cellular
phone component of the bundled charge is disclosed to the prepaid
consumer on a receipt, invoice, or other written or electronic
documentation provided to the prepaid consumer, the prepaid MTS
surcharge and local charges may be calculated excluding the
separately stated price of the cellular telephone.

(c) If a minimal amount of prepaid mobile telephony service is
sold for a single, nonitemized price with a mobile telephony service
communications device, the seller shall not apply the prepaid MTS
surcharge or local charges to the transaction. For these purposes,
a service allotment denominated as 10 minutes or less, or five
dollars ($5) or less, is a minimal amount.

 

Chapter  3. Administration

 

42020.  

(a) (1) The board shall administer and collect the
prepaid MTS surcharge imposed by this part pursuant to the Fee
Collection Procedures Law (Part 30 (commencing with Section
55001)). For purposes of this part, the references in the Fee
Collection Procedures Law to “fee” shall include the prepaid MTS
surcharge imposed by this part, and references to “feepayer” shall
include a person required to pay the surcharge imposed by this
part, which includes the seller, who shall be required to register
with the board.

(2) Notwithstanding Article 1.1 (commencing with Section
55050) of Chapter 3 of Part 30, any person required, or that elects,
to remit amounts due under Part 1 (commencing with Section
6001) by electronic funds transfer pursuant to Article 1.2
(commencing with Section 6479.3) of Chapter 5 of Part 1 shall
remit prepaid MTS surcharge amounts due under this section by
electronic funds transfer.

(b) (1) The board may prescribe, adopt, and enforce regulations
relating to the administration and enforcement of this part,
including, but not limited to, collections, reporting, refunds, and
appeals.

(2) The board may prescribe, adopt, and enforce any emergency
regulations as necessary to implement this part. Any emergency
regulation prescribed, adopted, or enforced pursuant to this section
shall be adopted in accordance with Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, and, for purposes of that chapter, including
Section 11349.6 of the Government Code, the adoption of the
regulation is an emergency and shall be considered by the Office
of Administrative Law as necessary for the immediate preservation
of the public peace, health and safety, and general welfare.

(c) The board shall establish procedures to be utilized by a seller
to document that a sale is not a retail transaction.

(d) The board shall establish procedures for sharing of
information, other than information protected under Section 19542,
related to the collection of the prepaid MTS surcharge upon the
request of the Public Utilities Commission or the Office of
Emergency Services.

(e) The total combined annual expenses incurred for
administration and collection by the board pursuant to this part
and Part 21.1 (commencing with Section 42100) shall be allocated
by the board on a pro rata basis according to revenues collected
by the board for: (1) that portion of the prepaid MTS surcharge
that is for the emergency telephone users surcharge, (2) that portion
of the prepaid MTS surcharge that is for the Public Utilities
Commission surcharges, and (3) local charges.

42021.  

The board shall establish remittance schedules and
methods for payment of the prepaid MTS surcharge that utilize
existing methods established under the Sales and Use Tax Law
(Part 1 (commencing with Section 6001)), including all of the
following:

(a) The prepaid MTS surcharge, minus the amount retained by
the seller pursuant to subdivision (e) of Section 42010, is due and
payable to the board quarterly on or before the last day of the
month following each calendar quarter.

(b) On or before the last day of the month following each
calendar quarter, a return for the preceding calendar quarter shall
be filed using electronic media with the board.

(c) Returns shall be authenticated in a form or pursuant to
methods as may be prescribed by the board.

42022.  

Every seller shall register with the board. The board
shall establish a method for registration of sellers under this part
that utilizes the existing registration process for a seller’s permit
established pursuant to Section 6066 of the Sales and Use Tax
Law (Part 1 (commencing with Section 6001)). Every application
for registration shall be made upon a form prescribed by the board
and shall set forth the name under which the applicant transacts
or intends to transact business, the location of its place or places
of business, and such other information as the board may require.
An application for registration shall be authenticated in a form or
pursuant to methods as may be prescribed by the board.

42023.  

(a) The Prepaid Mobile Telephony Services Surcharge
Fund is hereby created in the State Treasury. The Prepaid MTS
911 Account and the Prepaid MTS PUC Account are hereby
created in the fund. The Prepaid Mobile Telephony Services
Surcharge Fund shall consist of all surcharges, interest, penalties,
and other amounts collected and paid to the board pursuant to this
part, less payments of refunds and reimbursements to the board
for expenses incurred in the administration and collection of the
prepaid MTS surcharge.

(b) All moneys in the Prepaid Mobile Telephony Services
Surcharge Fund attributable to the prepaid MTS surcharge shall
be deposited as follows:

(1) That portion of the prepaid MTS surcharge that is for the
emergency telephone users surcharge shall be deposited into the
Prepaid MTS 911 Account.

(2) That portion of the prepaid MTS surcharge that is for the
Public Utilities Commission surcharges shall be deposited into the
Prepaid MTS PUC Account.

(c) Moneys in the Prepaid MTS 911 Account and the Prepaid
MTS PUC Account may be appropriated by the Legislature only
for the purposes for which the moneys were collected. All moneys
collected pursuant to this part shall be allocated only to the entities
specified in this section and shall not be used for any other purpose,
including, but not limited to, loans, transfers, or uses for any other
purpose, fund, or account.

begin insert

begin insert 42024. end insert   

This part shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2020, deletes or extends that
date.

end insert

begin delete SEC. 8. end delete
begin insert SEC. 11. end insert   

Part 21.1 (commencing with Section 42100) is added
to Division 2 of the Revenue and Taxation Code, to read:

 

PART 21.1.  Local Prepaid Mobile Telephony
Services Collection Act

 

42100.  

(a) This part shall be known and may be cited as the
Local Prepaid Mobile Telephony Services Collection Act.

(b) The Legislature finds and declares all of the following:

(1) Maintaining effective and efficient communications services,
911 emergency systems, communications-related public policy
programs to promote universal service, and various local programs
across the state benefit all persons with access to the
telecommunications system.

(2) Providers of end-use communications services, including
providers of mobile voice telecommunications services, which the
Federal Communications Commission terms mobile telephony
service, are required to collect and remit utility users taxes and
local 911 or access charges (local charges) imposed by over 150
cities and counties in California on end-users of such mobile
telephony services, as required by existing state or local law.

(3) Local charges on telecommunication services represent an
important source of tax revenue for many cities and counties and
are used to pay for such essential governmental services as public
safety, streets, parks, libraries, senior centers, and many more.

(4) Prepaid mobile telephony services are an important and
growing segment of the communications industry. Prepaid mobile
telephony services, unlike postpaid mobile telephony services, are
frequently sold by a third-party seller that is not the provider of
mobile telephony services, and collecting local charges from
prepaid consumers of mobile telephony services at the time of the
retail transaction is necessary and the most efficient and
competitively neutral means for the collection of those local
charges.

(5) The collection of prepaid mobile telephony services by
third-party sellers and the remittance of those local charges to the
board involves administrative costs and responsibilities that are
unique to prepaid mobile telephony services, and therefore justify
unique reimbursement and tax rate simplification measures, which
are fair and reasonable.

(c) It is a matter of statewide concern that the local charges for
local prepaid mobile telephony services be collected in a uniform
manner in order for the collection to be fair and uniform on a
statewide basis.

(d) It is the intention of the Legislature that this part shall
preempt the provisions pertaining to the tax or charge rate, base,
and method of collection contained in all local ordinances, rules,
or regulations concerning the imposition of a local charge upon
the consumption of prepaid mobile telephony services to the extent
those provisions are inconsistent with the provisions of this part
and Part 21 (commencing with Section 42001). It is not the intent
of the Legislature to otherwise preempt, limit, or affect the general
authority of local jurisdictions to impose a utility user tax, local
911 charge, or any other local charges.

42101.  

For purposes of this part, all of the following definitions
shall apply:

(a) “Local agency” means a city, county, or city and county,
which includes a charter city, county, or city and county.

(b) “Local charge” means the utility user taxes as described in
Section 42102, and charges for access to communication services
or to local “911” emergency telephone systems, as described in
Section 42102.5.

(c) “Ordinance” refers to an ordinance of a local agency
imposing a local charge, including any local enactment relating to
the filing of a refund or a claim arising under the ordinance.

(d) “Board,” “local jurisdiction,” “mobile telephony service,”
“person,” “prepaid consumer,” “Prepaid mobile telephony service,”
“prepaid MTS provider,” and “prepaid MTS surcharge” have the
same meaning as those terms are defined in the Prepaid Mobile
Telephony Services Surcharge Collection Act (Part 21
(commencing with Section 42001)).

42101.5.  

(a) On and after January 1, 2016, a local charge
imposed by a local agency on prepaid mobile telephony services
shall be collected from the prepaid consumer by a seller at the
same time and in the same manner as the prepaid MTS surcharge
is collected under Part 21 (commencing with Section 42001) if,
on or before September 1, 2015, the local agency shall enter into
a contract with the board for the board to perform the functions
set forth in Section 42103. In the contract, the local agency shall:
(1) certify to the board that its ordinance applies its local charge
to prepaid mobile telephony services and that the local agency
agrees to indemnify, and hold and save harmless, the board, its
officers, agents, and employees for any and all liability for damages
that may result from collection pursuant to the contract; and, (2)
certify to the board the amount of the local 911 charge, as set out
in Section 42102.5, or the applicable tiered rate for a utility user
tax, as set out in Section 42102.

(b) In the event that a local agency adopts a new local charge
that is imposed on prepaid mobile telephony services after
September 1, 2015, the local agency shall enter into a contract
with the board to perform the functions set forth in Section 42103,
on or before December 1, with collection of the local charge to
commence April 1 of the next calendar year. In the contract, the
local agency shall certify to the board: (1) that its ordinance applies
its local charge to prepaid mobile telephony services and that the
local agency agrees to indemnify, and hold and save harmless, the
board, its officers, agents, and employees for any and all liability
for damages that may result from collection pursuant to the
contract; and, (2) the amount of the local 911 charge, as set out in
Section 42102.5, or the applicable tiered rate for a utility user tax,
as set out in Section 42102.

(c) In the event that a local agency increases its local charge
after September 1, 2015, the local agency shall provide the board
with written notice of the increased local charge on or before
December 1, with collection of the local charge to commence April
1 of the next calendar year.

(d) In the event that a local agency reduces or eliminates a local
charge on prepaid mobile telephony services, the local agency
shall provide the board with written notice pursuant to subdivision
(c) of Section 42010.

(e) Notwithstanding subdivision (a), through and including
December 31, 2015, a prepaid MTS provider may elect to remit
the local charge to the appropriate local taxing jurisdiction based
on the applicable tax rate of Section 42102, Section 42102.5, or
both, and those remittances shall be deemed to be in full
compliance with the local ordinance imposing a local charge on
prepaid mobile telephony service.

42102.  

(a) Notwithstanding any other law, on and after January
1, 2016, the authority of a city, county, or city and county, which
includes a charter city, county, or city and county, to impose a
utility user tax on the consumption of prepaid mobile telephony
service in the city, county, or city and county at the rate as specified
in an ordinance authorized pursuant to Section 7284.2 or any other
law is suspended, and the utility user tax rate to be applied instead
during the period under any ordinance as so adopted is the
applicable of the following:

(1) In the case of a city, county, or city and county that has
adopted an ordinance to impose a utility user tax on the
consumption of prepaid communication services in the city, county,
or city and county at the rate of less than 1.5 percent, the rate shall
be 0 percent.

(2) In the case of a city, county, or city and county that has
adopted an ordinance to impose a utility user tax on the
consumption of prepaid communication services in the city, county,
or city and county at the rate of 1.5 percent or more but less than
2.5 percent, the rate shall be 1.5 percent.

(3) In the case of a city, county, or city and county that has
adopted an ordinance to impose a utility user tax on the
consumption of prepaid communication services in the city, county,
or city and county at the rate of 2.5 percent or more but less than
3.5 percent, the rate shall be 2.5 percent.

(4) In the case of a city, county, or city and county that has
adopted an ordinance to impose a utility user tax on the
consumption of prepaid communication services in the city, county,
or city and county at the rate of 3.5 percent or more but less than
4.5 percent, the rate shall be 3.5 percent.

(5) In the case of a city, county, or city and county that has
adopted an ordinance to impose a utility user tax on the
consumption of prepaid communication services in the city, county,
or city and county at the rate of 4.5 percent or more but less than
5.5 percent, the rate shall be 4.5 percent.

(6) In the case of a city, county, or city and county that has
adopted an ordinance to impose a utility user tax on the
consumption of prepaid communication services in the city, county,
or city and county at the rate of 5.5 percent or more but less than
6.5 percent, the rate shall be 5.5 percent.

(7) In the case of a city, county, or city and county that has
adopted an ordinance to impose a utility user tax on the
consumption of prepaid communication services in the city, county,
or city and county at the rate of 6.5 percent or more but less than
7.5 percent, the rate shall be 6.5 percent.

(8) In the case of a city, county, or city and county that has
adopted an ordinance to impose a utility user tax on the
consumption of prepaid communication services in the city, county,
or city and county at the rate of 7.5 percent or more but less than
9 percent, the rate shall be 7.5 percent.

(9) In the case of a city, county, or city and county that has
adopted an ordinance to impose a utility user tax on the
consumption of prepaid communication services in the city, county,
or city and county at the rate of 9 percent or more, the rate shall
be 9 percent.

(b) Subdivision (a) is a self-executing provision that operates
without regard to any decision or act on the part of any city, county,
or city and county. A change in a utility user tax rate resulting
from either the suspension of, or the termination of the suspension
of, a utility user rate adopted by a city, county, or city and county
set forth in subdivision (a) is not subject to voter approval under
either statute or Article XIII C of the California Constitution.

(c) Notwithstanding subdivision (a), a city, county, or city and
county may levy, increase, or extend a utility user tax at any rate
on the consumption of communication services, including a utility
user tax on the consumption of prepaid mobile telephony service,
except that during the period on and after January 1, 2016, any
utility user tax rate on prepaid mobile telephony service under any
ordinance as so adopted shall be the applicable rate specified in
subdivision (a).

(d) On and after January 1, 2016, this part shall be all of the
following:

(1) The exclusive method for both of the following:

(A) Collecting the local utility user taxes, local 911 charges,
and any other local charges imposed on consumers using prepaid
mobile telephony services.

(B) Defining the scope of the tax or charge with respect to
prepaid mobile telephony services.

(2) The complete substitute for the utility user tax rate set out
in the local ordinance with the applicable tiered rate as established
by the Legislature.

(3) This part shall not preempt, limit, or affect the general
authority of local jurisdictions to impose a utility user tax, local
911 charge, or any other local charges.

42102.5.  

(a) Notwithstanding any other law, on and after
January 1, 2016, the authority of a city, county, or city and county,
which includes a charter city, county, or city and county, to impose
a charge, that applies to prepaid mobile telephony service, for
access to communication services or access to local “911”
emergency telephone systems in the city, county, or city and county
at the rate as specified in an ordinance is suspended, and the rate
to be applied instead during that period under any ordinance as so
adopted is the applicable of the following:

(1) In the case of a city, county, or city and county that has
adopted an ordinance to impose a charge that applies to prepaid
mobile telephony service for access to communication services or
access to local “911” emergency telephone systems in the city,
county, or city and county at the rate of less than one dollar ($1)
per month per access line, including any adjustments for inflation,
the rate shall be 0 percent.

(2) In the case of a city, county, or city and county that has
adopted an ordinance to impose a charge that applies to prepaid
mobile telephony service for access to communication services or
access to local “911” emergency telephone systems in the city,
county, or city and county at a specified percentage or at the rate
of one dollar ($1) per month per access line, including any
adjustments for inflation, or more, the rate shall be the specified
percentage or the rate obtained by dividing the dollar amount by
50, rounded to the nearest one-tenth of 1 percent.

(b) Subdivision (a) is a self-executing provision that operates
without regard to any decision or act on the part of any city, county,
or city and county. A change in an access charge rate resulting
from either the suspension of, or the termination of the suspension
of, a charge adopted by a city, county, or city and county set forth
in subdivision (a) is not subject to voter approval under either
statute or Article XIII C of the California Constitution.

(c) Notwithstanding subdivision (a), a city, county, or city and
county may levy, increase, or extend a charge at any rate, that
applies to prepaid mobile telephony services, for access to
communication services or access to local “911” emergency
telephone systems in the city, county, or city and county, except
that during the period on and after January 1, 2016, any charge on
prepaid mobile telephony service under any ordinance as so
adopted shall be the applicable rate specified in subdivision (a).

42103.  

(a) The board shall perform all functions incident to
the collection of the local charges of a city, county, or a city and
county, and shall collect and administer the local charges in the
manner prescribed for the collection of the prepaid MTS surcharge
in the Prepaid Mobile Telephony Services Surcharge Collection
Act (Part 21 (commencing with Section 42001)), subject to the
limitations set forth in Section 42105. For purposes of this part,
the references in the Fee Collection Procedures Law to “fee” shall
include the local charge imposed by this part, and references to
“feepayer” shall include a person required to pay the local charge
imposed by this part, which includes the seller.

(b) All local charges collected by the board shall be deposited
in the Local Charges for Prepaid Mobile Telephony Services Fund
which is hereby created in the State Treasury, and shall be held in
trust for the local taxing jurisdiction, and shall not be used for any
other purpose. Local charges shall consist of all taxes, charges,
interest, penalties, and other amounts collected and paid to the
board, less payments for refunds and reimbursement to the board
for expenses incurred in the administration and collection of the
local charges. The board shall transmit the funds to the local
jurisdictions periodically as promptly as feasible. The transmittals
required under this section shall be made at least once in each
calendar quarter. The board shall furnish a quarterly statement
indicating the amounts paid and withheld for expenses of the board
and subject to subdivision (e) of Section 42020.

(c) The board shall prescribe and adopt rules and regulations as
may be necessary or desirable for the administration and collection
of local charges and the distribution of the local charges collected.

(d) The board’s audit duties under this part shall be limited to
verification that the seller complied with this part.

(e) The board may contract with a third party for purposes of
this part, solely in connection with the following board duties:

(1) To allocate and transmit collected local charges in the Local
Charges for Prepaid Mobile Telephony Services Fund pursuant to
subdivision (b) to the appropriate local jurisdictions.

(2) To audit proper collection and remittance of the local charge
pursuant to this part.

(3) To respond to requests from sellers, consumers, boards, and
others regarding issues pertaining to local charges that are within
the scope of the board’s duties.

(f) For purposes of this part, any third-party contract under
subdivision (e) shall be subject to the following limitations:

(1) Any third party shall, to the same extent as the board, be
subject to subdivision (b) of Section 55381, relating to unlawful
disclosures.

(2) A third-party contract shall not provide, in whole or in part,
in any manner a contingent fee arrangement as payment for services
rendered. For purposes of this section, “contingent fee” includes,
but is not limited to, a fee that is based on a percentage of the tax
liability reported on a return, a fee that is based on a percentage
of the taxes owed, or a fee that depends on the specific tax result
attained.

42105.  

(a) The city, county, or city and county that has adopted
an ordinance to impose a local charge that applies to prepaid mobile
telephony service shall be solely responsible for:

(1) Defending any claim regarding the validity of the ordinance
in its application to prepaid mobile telephony service.

(2) Interpreting any provision of the ordinance, except to the
extent specifically superseded by this statute.

(3) Responding to any claim for refund by a customer arising
under subdivision (b), (c), or (d). The claim shall be processed in
accordance with the provisions of the local enactment that allows
the claim to be filed.

(4) Certifying that the city, county, or city and county ordinance
applies the local charge to prepaid mobile telephony services and
agreeing to indemnify and hold harmless the board, its officers,
agents, and employees for any and all liability for damages that
may result from collection of the local charge.

(5) Reallocation of local charges as a result of correcting errors
relating to the location of the point of sale of a seller or the known
address of a consumer, for up to two past quarters from the date
of knowledge.

(b) A consumer may rebut the presumed location of the retail
transaction to the city or county clerk of the local jurisdiction, as
provided in subdivision (b) of Section 42014, by filing a claim and
declaration under penalty of perjury on a form established by the
city or county clerk of the local jurisdiction indicating the actual
location of the retail sale. The claim shall be processed in
accordance with the provisions of the local enactment that allows
the claim to be filed.

(c) A consumer that is exempt from the local charge under the
local enactment may file a claim for a refund from the local
jurisdiction in accordance with the refund provisions of the local
enactment that allows the claim to be filed.

(d) In connection with any actions or claims relating to or arising
from the invalidity of a local tax ordinance, in whole or in part,
the seller shall not be liable to any consumer as a consequence of
collecting the tax. In the event a local jurisdiction is ordered to
refund the tax, it shall be the sole responsibility of the local
jurisdiction to refund the tax. In any action seeking to enjoin
collection of a local charge by a seller, in any action seeking
declaratory relief concerning a local charge, in any action seeking
a refund of a local charge, or in any action seeking to otherwise
invalidate a local charge, the sole necessary party defendant in the
action shall be the local jurisdiction on whose behalf the local
charge is collected, and the seller collecting the local charge shall
not be named as a party in the action. There shall be no recovery
from the state for the imposition of any unconstitutional or
otherwise invalid local charge that is collected pursuant to this
part.

42106.  

(a) For purposes of this section:

(1) “Quarterly local charges” means the total amount of local
charges transmitted by the board to a city, county, or city and
county for a calendar quarter.

(2) “Refund” means the amount of local charges deducted by
the board from a city’s, county’s, or city and county’s quarterly
local charges in order to pay the city’s, county’s, or city and
county’s share of a local charge refund due to one taxpayer.

(3) “Offset portion” means that portion of the refund which
exceeds the greater of fifty thousand dollars ($50,000) or 20 percent
of the city’s, county’s, or city and county’s quarterly local charges.

(b) Except as provided in subdivision (c), if the board has
deducted a refund from a city’s, county’s, or city and county’s
quarterly local charges which includes an offset portion, then the
following provisions apply:

(1) Within three months after the board has deducted an offset
portion, the city, county, or city and county may request the board
to transmit the offset portion to the city, county, or city and county.

(2) As promptly as feasible after the board receives the city’s,
county’s, or city and county’s request, the board shall transmit to
the city, county, or city and county the offset portion as part of the
board’s periodic transmittal of local charges.

(3) The board shall thereafter deduct a pro rata share of the
offset portion from future transmittals of local charges to the city,
county, or city and county over a period to be determined by the
board, but not less than two calendar quarters and not more than
eight calendar quarters, until the entire amount of the offset portion
has been deducted.

(c) The board shall not transmit the offset portion of the refund
to the city, county, or city and county if that transmittal would
reduce or delay either the board’s payment of the refund to the
taxpayer or the board’s periodic transmittals of local charges to
other cities, counties, or city and county.

42107.  

The city, county, or city and county shall pay to the
board its costs of preparation to administer and collect local
charges. The city, county, or city and county shall pay costs
monthly as are incurred and billed by the board. The costs include
all preparatory costs, including costs of developing procedures,
programming for data processing, developing and adopting
appropriate regulations, designing and printing of forms,
developing instructions for the board’s staff and for taxpayers, and
other necessary preparatory costs which shall include the board’s
direct and indirect costs as specified by Section 11256 of the
Government Code. Any disputes as to the amount of preparatory
costs incurred shall be resolved by the Director of Finance, and
his or her decision shall be final.

42109.  

The board shall annually prepare a report showing the
amount of both reimbursed and unreimbursed costs incurred by it
in administering the collection of local charges pursuant to this
part.

42110.  

(a) Notwithstanding Section 55381, it is unlawful for
any person, other than an officer or employee of a county, city and
county, city, or district, who obtains access to information
contained in, or derived from, prepaid mobile telephony services
surcharge and local charge records of the board pursuant to
subdivision (b), to retain that information after that person’s
contract with the county, city and county, city, or district has
expired.

(b) (1) When requested by resolution of the legislative body of
any county, city and county, city, or district, the board shall permit
any duly authorized officer or employee of the county, city and
county, city, or district, or other person designated by that
resolution, to examine all of the prepaid mobile telephony services
surcharge and local charge records of the board pertaining to the
ascertainment of those prepaid mobile telephony services surcharge
and local charges to be collected for the county, city and county,
city, or district by the board pursuant to contract entered into
between the board and the county, city and county, city, or district
pursuant to this part. Except as otherwise provided in this section,
this subdivision does not allow any officer, employee, or other
person authorized or designated by a county, city and county, city,
or district to examine any sales or transactions and use tax records
of any taxpayer. The costs that are incurred by the board in
complying with a request made pursuant to this subdivision shall
be deducted by the board from those revenues collected by the
board on behalf of the county, city and county, city, or district
making the request.

(2) The resolution of the legislative body of the county, city and
county, city, or district shall certify that any person designated by
the resolution, other than an officer or employee, meets all of the
following conditions:

(A) Has an existing contract with the county, city and county,
city, or district to examine those prepaid mobile telephony services
surcharge and local charge records.

(B) Is required by that contract to disclose information contained
in, or derived from, those prepaid mobile telephony services
surcharge and local charge records only to an officer or employee
of the county, city and county, city, or district who is authorized
by the resolution to examine the information.

(C) Is prohibited by that contract from performing consulting
services for a seller during the term of that contract.

(D) Is prohibited by that contract from retaining the information
contained in, or derived from, those prepaid mobile telephony
services surcharge and local charge records, after that contract has
expired.

(3) Information obtained by examination of board records
pursuant to this subdivision shall be used only for purposes related
to the collection of the prepaid mobile telephony services surcharge
and local charges by the board pursuant to the contract, or for
purposes related to other governmental functions of the county,
city and county, city, or district set forth in the resolution.

(c) If the board believes that any information obtained pursuant
to subdivision (b) has been disclosed to any person not authorized
or designated by the resolution of the legislative body of the county,
city and county, city, or district, or has been used for purposes not
permitted by subdivision (b), the board may impose conditions on
access to its local charge records that the board considers
reasonable, in order to protect the confidentiality of those records.

(d) Predecessors, successors, receivers, trustees, executors,
administrators, assignees, and guarantors, if directly interested,
may be given information as to the items included in the measure
and amounts of any unpaid local charges or amounts of local
charges required to be collected, interest, and penalties.

begin insert

begin insert 42111. end insert   

This part shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2020, deletes or extends that
date.

end insert

begin insert

begin insert SEC. 12. end insert   

end insert begin insert

The repeal of any provision of Part 21 (commencing
with Section 42001), and Part 21.1 (commencing with Section
42100), of Division 2 of the Revenue and Taxation Code, shall not
affect the collection of the prepaid MTS surcharge, the liability of
which accrued prior to January 1, 2019 , the making of any refunds
and effecting of any credits, the disposition of money collected,
nor shall the repeal affect any act done or any right accruing or
accrued, or any suit or proceeding had or commenced in any civil
cause, before that repeal; but all rights and liabilities under that
law shall continue, and may be enforced in the same manner, as
if the repeal had not been made.

end insert

begin delete SEC. 9. end delete
begin insert SEC. 13. end insert   

No inference shall be drawn from the enactment of
this act with respect to any remittance requirements of a prepaid
MTS provider pursuant to the law as it existed prior to the
enactment of this act. Additionally, nothing in this act shall affect
any remittance requirements of a prepaid mobile telephony services
provider for any service other than prepaid mobile telephony
services. Nothing in this act shall affect the federal remittance
requirements of a prepaid mobile telephony services provider.

begin delete SEC. 10. end delete
begin insert SEC. 14. end insert   

It is the intent of the Legislature that the remittance
obligations of a prepaid mobile telephony services provider,
relating to emergency telephone users surcharge and any charges
imposed by the Public Utilities Commission pursuant to Chapter
2.5 (commencing with Section 401) of Part 1 of Division 1 of the
Public Utilities Code or for purposes of the universal services
programs, shall remain applicable for each of the following:

(a) The collection of surcharges, the liability for which accrued
prior to January 1, 2016.

(b) The making of any refunds and the effecting of any credits
for payments made on claims of liability that accrued prior to
January 1, 2016.

(c) The disposition of money collected on any liability that
accrued prior to January 1, 2016.

(d) The commencement of any action or proceeding pursuant
to the Public Utilities Act (Part 1 (commencing with Section 201)
of Division 1 of the Public Utilities Code).

begin delete SEC. 11. end delete
begin insert SEC. 15. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

begin delete SEC. 12. end delete
begin insert SEC. 16. end insert   

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

In order to provide a standardized collection mechanism as soon
as possible by which state and local charges are collected from
end-users of prepaid mobile telephony services, thereby permitting
needed financial support for programs necessary to serve the public
or telecommunications users, it is necessary that this act take effect
immediately.