BILL NUMBER: AB 914 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 22, 2003
INTRODUCED BY Assembly Member Reyes
FEBRUARY 20, 2003
An act relating to public safety communications.
An act to amend Sections 53100, 53103, 53104, 53105,
53106, 53108.1, 53108.5, 53109, 53112, 53113, 53114, 53114.2, 53115,
53115.2, 53115.3, 53116, and 53117 of, to add Section 53102.5 to, to
repeal Sections 53108, 53109.5, 53114.1, 53119, and 53120 of, and to
repeal and add Section 53107 of, the Government Code, and to amend
Sections 41001, 41007, 41009, 41010, 41011, 41012, 41013, 41015,
41016, 41017, 41018, 41020, 41021, 41025, 41027, 41030, 41031, 41136,
41137, 41137.1, 41138, 41140, 41141, 41142, and 41150 of the Revenue
and Taxation Code, relating to public safety communications.
LEGISLATIVE COUNSEL'S DIGEST
AB 914, as amended, Reyes. Public safety communications.
Existing
(1) Existing law establishes the Public Safety Communication
Act of 2002.
The Warren 911 Emergency Assistance Act requires every local
public agency to establish a telephone service that automatically
connects a person dialing the digits 9-1-1 to an established public
safety answering point through normal telephone service facilities.
At the 9-1-1 public safety answering points serving an area where 5%
or more of the population speak a specific primary language other
than English, operators who speak each of these languages are
required to be on duty or available at all times for "9-1-1"
emergency services. The Communications Division within the
Department of General Services is required to coordinate the
implementation of systems established pursuant to the act and assist
local public agencies and local public safety agencies in obtaining
financial help to establish emergency telephone service.
This bill would revise and rename the act as the
Telecommunications Emergency Response System Act, and would, among
other things, rename the Communications Division within the
Department of General Services as the Telecommunications Division,
require the division to provide funding to local public agencies and
local public safety agencies to establish and maintain a system, and
require all public safety answering points to have access to
operators who speak other languages, in addition to English, at all
times for telecommunications emergency services.
(2) The Emergency Telephone Users Surcharge Act requires any
person supplying intrastate telephone communication services, as
specified, in the state to collect a surcharge imposed on amounts
paid by every person in the state for intrastate telephone
communication service. It requires the Department of General
Services to annually determine a surcharge rate that it estimates
will produce sufficient revenue to fund the current fiscal year's
9-1-1 costs, but prohibits the surcharge rate in any year to be
greater than 3/4 of 1% nor less than 1/2 of 1%. It establishes the
State Emergency Telephone Number Account into which the payments made
pursuant to the act are deposited. It requires, upon appropriation,
funds in the account to pay, among other things, bills submitted to
the department by service suppliers or communications equipment
companies for the installation of, and ongoing expenses for,
specified communications services.
This bill would revise and rename the act as the Emergency
Telecommunications Surcharge Act, require the surcharge to be
collected for intrastate telecommunications services, and require the
Department of General Services to annually determine a surcharge
rate that it estimates will produce sufficient revenue to fund the
current fiscal year's telecommunications emergency response system
costs, but would prohibit the surcharge rate in any year from being
greater than 2% or less than 1%. It would revise what expenses may
be paid from the Emergency Telephone Number Account, as specified.
This bill would declare the intent of the Legislature to enact
legislation that would provide a funding mechanism for the purchase
and operation of public safety communication systems throughout the
state.
Vote: majority. Appropriation: no. Fiscal committee:
no yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to enact
SECTION 1. Section 53100 of the Government Code is amended to
read:
53100. (a) This article shall be known and may be cited as the
Warren-911-Emergency Assistance
Telecommunications Emergency Response System Act.
(b) The Legislature hereby finds and declares that it is in the
public interest to shorten expedite the
time required for a citizen to request and receive emergency aid.
There currently exist thousands of different emergency phone
numbers throughout the state, and present telephone exchange
boundaries and central office service areas do not necessarily
correspond to public safety and political boundaries. Provision of a
single, primary three-digit emergency number through which emergency
services can be quickly and efficiently obtained would provide a
significant contribution to law enforcement and other public service
efforts by making it less difficult to quickly notify public safety
personnel. Such a simplified means of procuring emergency services
will result in the saving of life, a reduction in the destruction of
property, quicker apprehension of criminals, and ultimately the
saving of money. While the 9-1-1 system continues to
be the primary method of reporting emergencies and requesting
emergency aid, the reporting system needs updating to incorporate
various forms of telecommunications technologies. The
Legislature further finds and declares that the establishment of a
uniform, statewide emergency number
telecommunications emergency response system is a matter of
statewide concern and interest to all inhabitants and citizens of
this state. It is the purpose of this act to establish the
number "911" telecommunications emergency response
system as the primary emergency telephone number
telecommunications system for use in this state
and to encourage units of local government and combinations of
such these units to develop and improve
emergency communication procedures and facilities in such
a manner as to be able to quickly respond to any person
calling the telephone number "911" "9-1-1"
seeking police, fire, medicial medical
, rescue, and other emergency services.
SEC. 2. Section 53102.5 is added to the Government Code, to read:
53102.5. "Public safety answering point," as used in this
article, means a telecommunications center capable of both of the
following:
(a) Receiving requests for emergency services by means of multiple
telecommunications sources including 9-1-1 circuits.
(b) Dispatching the necessary emergency services resources in
response to a request.
SEC. 3. Section 53103 of the Government Code is amended to read:
53103. "Direct dispatch method," as used in this article, means a
telephone telecommunications service
providing for the dispatch of an appropriate emergency service unit
upon receipt of a telephone
telecommunications request for such
these services and a decision as to the proper action to be
taken.
SEC. 4. Section 53104 of the Government Code is amended to read:
53104. "Relay method," as used in this article, means a
telephone telecommunications service whereby
pertinent information is noted by the recipient of a
telephone telecommunications request for
emergency services, and is relayed to appropriate public safety
agencies or other providers of emergency services for dispatch of an
emergency service unit.
SEC. 5. Section 53105 of the Government Code is amended to read:
53105. "Transfer method," as used in this article, means a
telephone telecommunications service
which that receives telephone
telecommunications requests for emergency
services and directly transfers such these
requests to an appropriate public safety agency or other
provider of emergency services.
SEC. 6. Section 53106 of the Government Code is amended to read:
53106. "Referral method," as used in this article, means a
telephone telecommunications service
which that , upon the receipt of a
telephone telecommunications request
for emergency services, provides the requesting party with the
telephone number of the appropriate public safety agency or other
provider of emergency services. The use of the referral method shall
only be used for nonemergency situations.
SEC. 7. Section 53107 of the Government Code is repealed.
53107. "Basic system," as used in this article, means a telephone
service which automatically connects a person dialing the digits
"911" to an established public safety answering point through normal
telephone service facilities.
SEC. 8. Section 53107 is added to the Government Code, to read:
53107. "Reporting system," as used in this article, means a
telecommunications service that automatically connects a person who
uses another telecommunications service, including 9-1-1 circuits,
to an established public safety answering point through
telecommunications service facilities and is capable of automatically
identifying the caller's number, automatically locating the caller,
holding the incoming call, reconnecting on the same telephone line,
clearing a telephone line, or automatically call routing, or any
combination of these capabilities.
SEC. 9. Section 53108 of the Government Code is repealed.
53108. "Sophisticated system," as used in this article, means a
basic system with the additional capability of automatic
identification of the caller's number, holding the incoming call,
reconnection on the same telephone line, clearing a telephone line,
or automatic call routing or combinations of such capabilities.
SEC. 10. Section 53108.1 of the Government Code is amended to
read:
53108.1. "Incremental costs" , costs,"
as used in this article, mean means
any costs necessary for the establishment and maintenance
of a system required by this article and recommended
approved for reimbursement by the
advisory committee 9-1-1 Committee established
by Section 53115.1 53115.2 other than
costs for (1) a basic any of the following if
they are reasonable, necessary, and unique for the planning and
efficient implementation of a local agency's telecommunications
emergency response system:
(a) A reporting system , (2) a basic system with
telephone central office identification, or (3) a system employing
automatic call routing, which are reasonable,
necessary and unique for the planning and efficient implementation of
a local agency's 911 system
(b) A geographically referenced statewide base mapping system.
(c) A regionalized client server database system .
SEC. 11. Section 53108.5 of the Government Code is amended to
read:
53108.5. "Communications
"Telecommunications Division," as used in this article, means
the Communications Telecommunications
Division of the Department of General Services.
SEC. 12. Section 53109 of the Government Code is amended to read:
53109. Every local public agency within its respective
jurisdiction shall establish and have in operation by
December 31, 1985, a basic
reporting system as provided in this article, and
connectivity to the telecommunications emergency response system,
or be part of such a this system.
All reporting systems shall have prior approval of the 9-1-1
Committee.
The establishment of such the reporting
systems shall be centralized to the extent feasible. Nothing
in this article shall be construed to prohibit or discourage in any
way the formation of multijurisdictional or regional systems, and any
system established pursuant to this article may include the
territory of more than one public agency or may include a segment of
the territory of a public agency.
SEC. 13. Section 53109.5 of the Government Code is repealed.
53109.5. The Legislature finds and declares that environmental
considerations in the Tahoe region have halted or delayed the
development of facilities necessary for the establishment of a local
emergency telephone system in that area.
Accordingly, local public agencies in the Tahoe region, as defined
in subdivision (a) of Article II of Section 66801 of the Government
Code, shall comply with Section 53109 by December 31, 1986, rather
than by December 31, 1985.
SEC. 14. Section 53112 of the Government Code is amended to read:
53112. All systems shall be designed to meet the specific
requirements of each community and public agency served by the
system. Every reporting system, whether basic or
sophisticated, shall be designed to have the capability of
utilizing at least three of the methods specified
described in Sections 53103 to 53106, inclusive, in
response to emergency calls. The Legislature finds and declares that
the most critical aspect of the design of any system is the
procedure established for handling a telephone
telecommunications request for emergency services.
In addition, to maximize efficiency and utilization of the system,
all pay telephones within each system shall, by December
31, 1985, enable a caller to dial "911"
"9-1-1" for emergency services, and to reach an operator
by dialing "0" , without the necessity of
inserting a coin. At those "911" All
public safety answering points serving an area where 5
percent or more of the population, in accordance with the latest
United States census information, speak a specific primary language
other than English, shall have access to
operators who speak each such other
language languages , in addition to English,
shall be on duty or available through interagency
telephone conference procedures at all times for "911"
telecommunications emergency services.
In addition, all systems shall require installation of a
telecommunications device capable of servicing the needs of the deaf
or severely hearing impaired at the "911" all
public safety answering point or points.
The device shall be compatible with devices furnished by telephone
corporations pursuant to Section 2831 of the Public Utilities Code.
SEC. 15. Section 53113 of the Government Code is amended to read:
53113. The Legislature finds that, because of overlapping
jurisdiction of public agencies, public safety agencies, and
telephone telecommunications service areas, a
general overview or plan should be developed prior to the
establishment of any system. In order to insure that proper
preparation and implementation of such these
systems is accomplished by all public agencies by
December 31, 1985 , the Communications
Telecommunications Division, with the advice and
assistance of the Attorney General, shall secure compliance by public
agencies as provided in this article.
SEC. 16. Section 53114 of the Government Code is amended to read:
53114. The Communications
Telecommunications Division, with the advice and assistance
of the Attorney General, shall coordinate the implementation of
systems established pursuant to the provisions of
this article. The Communications
Telecommunications Division, with the advice and assistance of
the Attorney General, shall assist provide
funding to local public agencies and local public safety
agencies in obtaining financial help to establish
emergency telephone service and maintain a
telecommunications emergency response system , and shall aid
such these agencies in the formulation
of concepts, methods, and procedures which
that will improve the operation of systems required by this
article and which that will increase
cooperation between public safety agencies.
SEC. 17. Section 53114.1 of the Government Code is repealed.
53114.1. To accomplish the responsibilities specified in this
article, the Communications Division is directed to consult at
regular intervals with the State Fire Marshal, the State Department
of Health Services, the Governor's Office of Traffic Safety, the
Office of Emergency Services, the California Council on Criminal
Justice, a local representative from a city, a local representative
from a county, the public utilities in this state providing telephone
service, the Associated Public Safety Communications Officers, the
Emergency Medical Services Authority, the Department of the
California Highway Patrol, and the Department of Forestry and Fire
Protection. These agencies shall provide all necessary assistance
and consultation to the Communications Division to enable it to
perform its duties specified in this article.
SEC. 18. Section 53114.2 of the Government Code is amended to
read:
53114.2. Technical and operational standards for the
development of the public agency systems
telecommunications emergency response system shall be
established and reviewed by the Communications Division
9-1-1 Committee on or before December 31,
1973, after consultation with all agencies specified in
Section 53114.1. On or before December 31, 1976, and each
even-numbered year thereafter, after consultation with all agencies
specified in Section 53114.1, the Communications Division
2004. The National Emergency Number Association (NENA)
Standards For Recommended Formats and Protocols For Data Exchange
(02-010) and NENA Recommended Standards For Local Exchange Carriers,
ALI Service Providers, and 911 Service Jurisdictions (02-011) shall
be adopted by reference and required for all agencies, vendors, and
telecommunications service providers having any connectivity to the
telecommunications emergency response system. The 9-1-1 Committee
shall review and update technical and operational standards for
public agency systems on a continuous basis .
SEC. 19. Section 53115 of the Government Code is amended to read:
53115. (a) On or before January 31, 1975, all
Each public agencies agency
shall submit tentative plans for the establishment of a system
required by this article to the public utility or utilities providing
public telephone telecommunications
service within the respective jurisdiction of each public agency. A
copy of each such plan shall be filed with the
Communications Telecommunications
Division.
(b) On or before October 1, 1978, all Each
public agencies agency shall
submit final plans to the Communications
Telecommunications Division for approval. The final plan shall
identify all planning, implementation, installation, and operating
costs the local agency feels necessary to implement the system
required by this article. On or before July 1, 1981, all
public Public agencies shall place a firm order
as approved by the Communications Division
9-1-1 Committee to the utility or utilities providing
telephone telecommunications service to the
public agency, and shall make arrangements with such
these utilities for the implementation of the
planned emergency telephone system no later than December
31, 1985 telecommunications emergency response system
. If the Legislature fails to take action as
specified in Section 41030 of the Revenue and Taxation Code prior to
January 1, 1981, then the dates specified for ordering and
implementation of a system shall be respectively postponed by the
number of years elapsing between 1981 and the year in which the
Legislature acts.
(c) If any public agency has implemented or is a part of a system
required by this article on a deadline specified in subdivision (a)
or (b), such public agency shall submit in lieu of the tentative or
final plan a report describing the system and stating its operational
date.
(d)
(c) Plans filed pursuant to subdivisions (a) and (b) shall
conform to minimum standards established pursuant to Section 53114.2.
(e)
(d) The Communications
Telecommunications Division shall monitor all
emergency telephone systems telecommunications
emergency response systems to ensure they comply with minimal
operational and technical standards as established by the
division 9-1-1 Committee . If any system does
not comply , the Communications
Telecommunications Division shall notify in writing the public
agency or agencies operating the system of its deficiencies. The
public agency shall bring the system into compliance with the
operational and technical standards within 60 days of notice by the
division. Failure to comply within such this
time shall subject the public agency to action by the Attorney
General pursuant to Section 53116. No funds shall be provided
to any agency, vendor, or service provider that is noncompliant.
SEC. 20. Section 53115.2 of the Government Code is amended to
read:
53115.2. The advisory committee 9-1-1
Committee shall consist of one representative from the
California Chapter of the National Emergency Numbering Association,
one representative from the California State Sheriff's Association,
one representative from the California Police Chief's Association,
and one representative from the California Fire Chief's Association.
The 9-1-1 Committee, in addition to the other duties specified in
this article, shall have the following duties:
(a) The committee shall evaluate requests from local agencies for
state assistance for incremental costs and recommend to the Chief of
the Communications Telecommunications
Division of the Department of General Services when appropriation for
reimbursement to a local agency for such the
incremental costs should be made. The committee shall only
review final plans which have been referred for consideration for
incremental funding by the Communications
Telecommunications Division at the request of a local agency.
The committee shall make a recommendation to the Communications
Division regarding state appropriations for payment or reimbursement
for incremental costs.
(b) The committee shall, upon request of a local public agency,
conduct a hearing on any conflict between a local public agency and
the Communications Telecommunications
Division regarding a final plan which has not been approved by the
Communications Telecommunications
Division pursuant to Section 53115. The committee shall meet within
30 days following such request, and shall make a recommendation to
resolve the conflict to the Communications
Telecommunications Division within 90 days following the
initial hearing by the committee pursuant to such request.
(c) The committee may also act in a general advisory capacity to
the Communications Telecommunications
Division relative to the implementation of any "911"
"9-1-1" system.
SEC. 21. Section 53115.3 of the Government Code is amended to
read:
53115.3. When proposed implementation of the 911 system
a telecommunications emergency response system
by a single public agency within its jurisdiction may adversely
affect the implementation of the system by a neighboring public
agency or agencies, such the
neighboring public agency may request that the
Communications Division 9-1-1 Committee evaluate
the impact of implementation by the proposing public agency and
evaluate and weigh that impact in its decision to approve or
disapprove the proposing public agency's final plan pursuant to
Section 53115. In order to effectuate this process, each city shall
file a notice of filing of its final plan with each adjacent city and
with the county in which the proposing public agency is located at
the same time such the final plan is
filed with the Communications
Telecommunications Division and each county shall file a notice
of filing of its final plan with each city within the county and
each adjacent county at the time such final plan is filed with the
Communications Telecommunications
Division. Any public agency wishing to request review pursuant to
this section shall file its request with the division
administrative board within 30 days of filing of
the final plan for which review is sought.
SEC. 22. Section 53116 of the Government Code is amended to read:
53116. The Attorney General may, in on
behalf of the Communications
Telecommunications Division or on his or her own
initiative, commence judicial proceedings to enforce compliance by
any public agency or public utility providing telephone
telecommunications service with the provisions
of this article.
SEC. 23. Section 53117 of the Government Code is amended to read:
53117. (a) On or before February 16, 1975, the
Communications Division The 9-1-1 Committee
shall report annually to the Legislature the progress in
the implementation of systems required by this article.
Such These reports shall contain its
recommendations for additional legislation and funding .
(b) In December of 1973 and in December of 1974 the Communications
Division, with the advice and assistance of the Attorney General,
shall submit recommendations to the Department of Finance and to the
Governor specifying amounts necessary to further implement the
organization of telephone systems specified in this article during
the succeeding fiscal year. The report specified in this subdivision
shall contain, in addition, an estimate of the fiscal impact to
local public agencies which will be caused by implementation of the
provisions of this article.
SEC. 24. Section 53119 of the Government Code is repealed.
53119. Any telephone corporation serving rural telephone areas
which cannot currently provide enhanced "911" emergency telephone
service capable of selective routing, automatic number
identification, or automatic location identification shall present to
the communications division a comprehensive plan detailing a
schedule by which those facilities will be converted to be compatible
with the enhanced emergency telephone system.
SEC. 25. Section 53120 of the Government Code is repealed.
53120. The communications division shall not delay implementation
of the enhanced "911" emergency telephone system in those portions
of cities or counties, or both, served by a local telephone
corporation that has equipment compatible with the enhanced "911"
emergency telephone system.
SEC. 26. Section 41001 of the Revenue and Taxation Code is amended
to read:
41001. This part is known and may be cited as the "Emergency
Telephone Users Telecommunications
Surcharge Act". Act."
SEC. 27. Section 41007 of the Revenue and Taxation Code is amended
to read:
41007. (a) "Service supplier" shall mean any person supplying
intrastate telephone communication
telecommunications services pursuant to California intrastate
tariffs to any service user in this state.
(b) On and after January 1, 1988, "service supplier" also includes
any person supplying intrastate telephone communications
telecommunications services for whom the Public
Utilities Commission, by rule or order, modifies or eliminates the
requirement for that person to prepare and file California intrastate
tariffs.
SEC. 28. Section 41009 of the Revenue and Taxation Code is amended
to read:
41009. "Service user" means any person using intrastate
telephone communication telecommunications
services in this state who is required to pay a surcharge
under the provisions of pursuant to this part.
SEC. 29. Section 41010 of the Revenue and Taxation Code is amended
to read:
41010. "Intrastate telephone communication
telecommunications services" means all local or toll
telephone telecommunications services
where the point or points of origin and the point or points of
destination of the service are all located in this state.
SEC. 30. Section 41011 of the Revenue and Taxation Code is amended
to read:
41011. "Charges for services" means all charges billed by a
service supplier to a service user for intrastate telephone
communications telecommunications services and
shall mean local telephone telecommunications
service and include monthly service flat-rate charges for
usage, message unit charges and shall mean toll charges, and include
intra-state-wide area telephone
intra-statewide-area telecommunications service charges.
"Charges for services" shall not include any tax imposed by the
United States or by any charter city, charges for service paid by
inserting coins in a public coin-operated telephone, and shall not
apply to amounts billed to nonsubscribers for coin shortages. Where
a coin-operated telephone service is furnished for a guarantee or
other periodic amount, such this amount
is subject to the surcharge imposed by this part.
"Charges for services" shall not include charges for intrastate
toll calls where bills for such these
calls originate out of California.
"Charges for services" shall not include charges for any
nonrecurring, installation, service connection or one-time charge for
service or directory advertising, and shall not include private
communication telecommunications
service charges, charges for other than communications
telecommunications service, or any charge made
by a hotel or motel for service rendered in placing calls for its
guests regardless of how
such the hotel or motel charge is
denominated or characterized by an applicable tariff of the Public
Utilities Commission of this state.
"Charges for services" shall not include charges for basic
exchange line service for lifeline services.
SEC. 31. Section 41012 of the Revenue and Taxation Code is amended
to read:
41012. "Public telephone" means any coin-operated telephone
provided by the serving telephone
telecommunications company accessible to the public.
SEC. 32. Section 41013 of the Revenue and Taxation Code is amended
to read:
41013. "Surcharge" means a tax fee
levied by this state.
SEC. 33. Section 41015 of the Revenue and Taxation Code is amended
to read:
41015. "Local telephone
telecommunications service" shall mean both of the following:
(a) The access to a local telephone
telecommunications system, and the privilege of telephonic
quality communication with substantially all persons having
telephone or radiotelephone telecommunications
stations constituting a part of the local telephone
telecommunications system.
(b) Any facility or service provided in connection with a service
described in subdivision (a).
The term "local telephone
telecommunications service" does not include any service
which that is a "toll telephone service"
or a "private communication
telecommunications service."
SEC. 34. Section 41016 of the Revenue and Taxation Code is amended
to read:
41016. "Toll telephone service" shall mean a combination of
the following:
(a) A telephonic quality communication for which (1) there is a
toll charge which varies in amount with the distance and elapsed
transmission time of each individual communication and (2) the charge
is paid within the United States, and
States.
(b) A service which that entitles
the subscriber, upon payment of a periodic charge (determined as a
flat amount or upon the basis of total elapsed transmission time), to
the privilege of an unlimited number of telephonic communications to
or from all or a substantial portion of the persons having
telephone or radiotelephone telecommunications
stations in a specified area which that
is outside the local telephone
telecommunications system area in which the station provided
with this service is located.
SEC. 35. Section 41017 of the Revenue and Taxation Code is amended
to read:
41017. "Private communication
telecommunications service" shall mean all of the
following:
(a) The communication telecommunication
service furnished to a subscriber which
that entitles the subscriber--
subscriber to do all of the following:
(1) To exclusive or priority use of any communication
telecommunications channel or groups of
channels, or channels.
(2) To the use of an intercommunication system for the subscriber'
s stations, regardless of whether such the
channel, groups of channels, or intercommunication system may
be connected through switching with a service described in Sections
41015 and 41016, 41016.
(b) Switching capacity, extension lines and stations, or other
associated services which that are
provided in connection with, and are necessary or unique to the use
of channels or systems described in subdivision (a), and
(a).
(c) The channel mileage which that
connects a telephone telecommunications
station located outside a local telephone
telecommunications system area with a central office in
such the local telephone
telecommunications system, except that
such this term shall not include any
communication telecommunications service unless
a separate charge is made for such this
service.
SEC. 36. Section 41018 of the Revenue and Taxation Code is amended
to read:
41018. "Communications
"Telecommunications equipment company" shall mean a
manufacturer or vendor that sells or leases communications
telecommunications equipment.
SEC. 37. 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 intrastate telephone communication
telecommunications service in this state
commencing on July 1, 1977.
(b) The surcharge imposed shall be at the rate of one-half of 1
percent of the charges made for such
telecommunications services to and including November 1, 1982,
and thereafter at a rate fixed pursuant to Article 2 (commencing with
Section 41030).
(c) The surcharge shall be paid by the service user as hereinafter
provided.
(d) In accordance with the Mobile Telecommunications Sourcing Act
(P.L. 106-252), which is incorporated herein by reference, the
surcharge imposed under this section does not apply 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.
(e) For purposes of this section all of the following
definitions shall apply :
(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
(B) if the end user of mobile telecommunications services is not the
contracting party, the end user of the mobile telecommunications
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 (B) a serving
carrier under an arrangement to serve the 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
primarily occurs, that must be:
(A) The residential street address or the primary business street
address of the customer.
(B) Within the licensed service area of the home service provider.
(7) (A) "Reseller" means a provider who purchases
telecommunications services from another telecommunications service
provider and then resells the services, or uses the services as a
component part of, or integrates the purchased services into, a
mobile telecommunications 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.
SEC. 38. Section 41021 of the Revenue and Taxation Code is amended
to read:
41021. Every service supplier shall collect the surcharge from
each service user at the time it collects its billings from the
service user, provided, the duty to collect the surcharge from a
service user shall commence with the beginning of the first regular
billing period applicable to that person which starts on or after the
operative date of the surcharge imposed by this part. If the
stations or lines of more than one service supplier are utilized in
furnishing the telephone communications
telecommunications services to the service user, the service
supplier that bills the customer shall collect the surcharge from the
customer.
Only one payment under this part shall be required with respect to
the surcharge on any service, notwithstanding that the lines or
stations of one or more service suppliers are used in furnishing
such this service.
SEC. 39. Section 41025 of the Revenue and Taxation Code is amended
to read:
41025. If a bill is rendered to persons using intrastate
telephone telecommunications services the
amount on which the surcharge with respect to such
these telecommunications services shall be based shall be
the sum of all charges for such the
services included in the bill; except that if the person who renders
the bill groups individual items for purposes of rendering the bill
and computing the surcharge then the amount on which the surcharge
with respect to each such group shall be based,
shall be the sum of all items within that group, and the surcharge on
the remaining items not included in any such group, shall be based
on the charge for each item separately.
SEC. 40. Section 41027 of the Revenue and Taxation Code is amended
to read:
41027. Nothing in this part shall be construed as imposing a
surcharge upon amounts paid by any person when imposition of
such the surcharge would be in violation of the
Constitution of the United States, the United States Code, or the
laws of the State of California, nor upon toll charges used in the
collection and dissemination of news for the public press or on
charges for wide area telephone
telecommunications service used by common carriers in the
conduct of their business.
SEC. 41. Section 41030 of the Revenue and Taxation Code is amended
to read:
41030. The Department of General Services shall determine
annually, on or before September 1, a surcharge rate that it
estimates will produce sufficient revenue to fund the current fiscal
year's 911 telecommunications emergency
response system costs. The surcharge rate shall be determined
by dividing the costs (including incremental costs) the Department of
General Services estimates for the current fiscal year of
911 plans telecommunications emergency response system
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 to which the
surcharge will apply for the period of November 1 of the current
calendar year to October 31 of the next succeeding calendar year, but
in no event shall such the surcharge
rate in any year be greater than three-quarters of 1 percent
nor less than one-half of 1 percent 2 percent nor
less than 1 percent .
SEC. 42. Section 41031 of the Revenue and Taxation Code is amended
to read:
41031. The Department of General Services shall make its
determination of such the surcharge
rate each year no later than September 1 and shall notify the board
of the new rate, which shall be fixed by the board to be effective
with respect to charges made for intrastate telephone
communication telecommunications services on or
after November 1 of each year.
SEC. 43. Section 41136 of the Revenue and Taxation Code is amended
to read:
41136. Funds in the State Emergency Telephone Number Account
shall, when appropriated by the Legislature, be spent solely for the
following purposes:
(a) To pay refunds authorized by this part.
(b) To pay the State Board of Equalization for the cost of the
administration of this part.
(c) To pay the Department of General Services for its costs in
administration of the "911" emergency telephone number
system telecommunications emergency response system
.
(d) To pay bills submitted to the Department of General Services
by service suppliers or communications
telecommunications equipment companies for the installation of,
and ongoing expenses for, the following communications
telecommunications services supplied to local
agencies in connection with the "911" emergency phone number
system: telecommunications emergency response system:
(1) A basic reporting system.
(2) A basic system with telephone central office
identification.
(3) A system employing automatic call routing.
(4) Approved incremental costs.
(3) A geographically referenced statewide base mapping system.
(4) A regionalized master street address guide.
(5) An automatic location identification database client server
system.
(e) To pay claims of local agencies for approved incremental
costs, not previously compensated for by another governmental agency.
(f) To pay claims of local agencies for incremental costs and
amounts, not previously compensated for by another governmental
agency, incurred prior to the effective date of this part, for the
installation and ongoing expenses for the following communication
services supplied in connection with the "911" emergency phone number
system:
(1) A basic system.
(2) A basic system with telephone central office identification.
(3) A system employing automatic call routing.
(4) Approved incremental costs. Incremental costs shall not be
allowed unless the costs are concurred in by the Division of
Telecommunications of the Department of General Services.
(g) To pay the Division of Telecommunications of the Department of
General Services for the costs associated with the pilot program
authorized by Article 6.5 (commencing with Section 53125) of Chapter
1 of Part 1 of Division 2 of Title 5 of the Government Code.
SEC. 44. Section 41137 of the Revenue and Taxation Code is amended
to read:
41137. The Department of General Services shall pay, from funds
appropriated from the State Emergency Telephone Number Account by the
Legislature, as provided in Section 41138, bills submitted by
service suppliers or communications
telecommunications equipment companies for the installation and
ongoing costs of the following communication
telecommunications services provided to local
agencies by service suppliers in connection with the "911"
emergency telephone number system: telecommunications
emergency response system:
(a) A basic reporting system.
(b) A basic system with telephone central office
identification.
(c) A system employing automatic call routing.
(d) Approved incremental costs that have been concurred
in by the Communications Division
administrative board .
(c) A geographically referenced statewide base mapping system.
(d) A regionalized master street address guide.
(e) An automatic location identification database client server
system.
SEC. 45. Section 41137.1 of the Revenue and Taxation Code is
amended to read:
41137.1. The Department of General Services shall pay, from funds
appropriated from the State Emergency Telephone Number Account by
the Legislature, as provided in Section 41138, claims submitted by
local agencies for approved incremental costs and for the cost of
preparation of final plans submitted to the Communications
Telecommunications Division for approval
on or before October 1, 1978, as provided in
Section 53115 of the Government Code.
SEC. 46. Section 41138 of the Revenue and Taxation Code is amended
to read:
41138. (a) It is the intent of the Legislature that the
reimbursement rates for "911" emergency telephone number
customer premise equipment shall not exceed
specified amounts negotiated with each interested supplier and
approved by the department administrative
board . The department shall negotiate supplier pricing to
ensure cost effectiveness and the best value for the "911"
emergency telephone number system telecommunications
emergency response system . The department shall pay those
bills as provided in Section 41137 only under the following
conditions:
(1) The department shall have received the local agency's
"911" emergency telephone number system
telecommunications emergency response system plan by
July 1 of the prior fiscal year and approved the
plan by October 1 of the prior fiscal year received
administrative board approval .
(2) The Legislature has appropriated in the Budget Bill an amount
sufficient to pay those bills.
(3) The department has reviewed and approved each line item of a
request for funding to ensure the necessity of the proposed equipment
or services and the eligibility for reimbursement prior to
seeking administrative board approval .
(4) The amounts to be paid do not exceed the pricing submitted by
the supplier and approved by the department
administrative board . Extraordinary circumstances may warrant
spending in excess of the established rate, but shall be preapproved
by the department administrative board
. In determining the reimbursement rate, the department
administrative board shall utilize the approved
pricing submitted by the supplier providing the equipment or service.
(b) Nothing in this section shall be construed to limit an agency'
s ability to select a supplier or procure telecommunications
equipment as long as the supplier's pricing is preapproved by the
department administrative board .
Agencies shall be encouraged to procure equipment on a competitive
basis. Any amount in excess of the pricing approved by the
department administrative board shall not be
reimbursed.
SEC. 47. Section 41140 of the Revenue and Taxation Code is amended
to read:
41140. The Department of General Service shall reimburse local
agencies, from funds appropriated from the Emergency Telephone Number
Account by the Legislature, for amounts not previously compensated
for by another governmental agency, which have been paid by such
agencies for approved incremental costs or to service suppliers or
communication telecommunications
equipment companies for the following communications
telecommunications services supplied in
connection with the "911" emergency phone number
telecommunications emergency response system , provided
such the local agency plans had been
approved by the department administrative
board :
(1) A basic reporting system.
(2) A basic system with telephone central office
identification.
(3) A system employing automatic call routing.
(4) Approved incremental costs.
(3) A geographically referenced statewide base mapping system.
(4) A regionalized master street address guide.
(5) An automatic location identification, database client server
system.
SEC. 48. Section 41141 of the Revenue and Taxation Code is amended
to read:
41141. Claims for reimbursement shall be submitted by local
agencies to the Communications
Telecommunications Division in the Department of General
Services, which shall present all claims to the administrative
board. The administrative board shall determine payment
eligibility and shall reduce the claim for charges which
that exceed the approved incremental costs,
approved contract amounts, or the established tariff rates for
such these costs. No claim shall be
paid until funds are appropriated by the Legislature.
SEC. 49. Section 41142 of the Revenue and Taxation Code is amended
to read:
41142. Notwithstanding any other provision of this article, if
the Legislature fails to appropriate an amount sufficient to pay
bills submitted to the Department of General Services by service
suppliers or communications
telecommunications equipment companies for the installation and
ongoing communications telecommunications
services supplied to local agencies in connection
with the "911" emergency phone number system, and to pay
claims of local agencies which, prior to the effective date of this
part, paid amounts to service suppliers or communications equipment
companies for the installation and ongoing expenses in connection
with the "911" emergency phone number system
telecommunications emergency response system , the obligation
of service suppliers and local agencies to provide "911"
telecommunications emergency telephone
service shall terminate and such
this service shall not again be required until the Legislature
has appropriated an amount sufficient to pay such bills or claims.
Nothing in this part shall preclude local agencies from purchasing or
acquiring any communication
telecommunications equipment from companies other than the
telephone service suppliers.
SEC. 50. Section 41150 of the Revenue and Taxation Code is amended
to read:
41150. The Legislature hereby declares and finds that to enable
public agencies to implement "911"
telecommunications emergency phone systems
required by the provisions of Chapter 1005 of the 1972 Regular
Session (Article 6 (commencing with Section 53100) of Chapter 1 of
Part 1 of Division 2 of Title 5 of the Government Code) it is
necessary that a surcharge be imposed upon amounts paid by every
person in the state for intrastate telephone communication
telecommunications services in this state.
This bill will provide funding for basic 911, basic 911
(including telephone central office identification) 911 with
selective routing or a combination of the above. These services will
include incoming 911 lines/trunks, 911 answering positions including
common control equipment, transfer lines and transfer positions. In
addition, this part will provide funding for incremental costs.
legislation that provides a funding mechanism for
the purchase and operation of public safety communications systems
throughout the state.