BILL NUMBER: AB 914 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 2, 2003
AMENDED IN ASSEMBLY MAY 13, 2003
AMENDED IN ASSEMBLY MAY 6, 2003
AMENDED IN ASSEMBLY APRIL 22, 2003
INTRODUCED BY Assembly Member Reyes
FEBRUARY 20, 2003
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
Sections 53107 and 53115.2 of, the Government
Code, and to amend Sections 41001, 41007, 41009, 41010, 41011, 41012,
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.
(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 911 to an established public
safety answering point through normal telephone service facilities.
At the 911 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 "911"
"911" 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.
The bill would eliminate statutory references to a 911 advisory
committee and also establish the State 911 Advisory Board within
state government.
(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
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. It would revise what expenses may be paid from the Emergency
Telephone Number Account, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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
Telecommunications Emergency Response System Act.
(b) The Legislature hereby finds and declares that it is in the
public interest to expedite the time required for a citizen to
request and receive emergency aid. While the 911 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 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
telecommunications emergency response system as the primary emergency
telecommunications system for use in this state and to encourage
units of local government and combinations of these units to develop
and improve emergency communication procedures and facilities in a
manner as to be able to quickly respond to any person calling the
telephone numbers 911 seeking police, fire, 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 911 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
telecommunications service providing for the dispatch of an
appropriate emergency service unit upon receipt of a
telecommunications request for 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
telecommunications service whereby pertinent information is noted by
the recipient of a 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
telecommunications service that receives telecommunications requests
for emergency services and directly transfers 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
telecommunications service that, upon the receipt of a
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.
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 911 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.
SEC. 10. Section 53108.1 of the Government Code is amended to
read:
53108.1. "Incremental costs," as used in this article, means any
costs necessary for the establishment and maintenance of a system
required by this article and approved for reimbursement by the 911
Committee advisory board established by
Section 53115.2 other than costs for 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.
(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. "Telecommunications Division," as used in this article,
means the 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 a reporting system
as provided in this article, and connectivity to the
telecommunications emergency response system, or be part of this
system. All reporting systems shall have prior approval of the
9-1-1 Committee. Telecommunications Division,
upon the advice of the State 911 Advisory Board.
The establishment of 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.
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, shall be designed to have the
capability of utilizing at least three of the methods 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
telecommunications request for emergency services.
In addition, to maximize efficiency and utilization of the system,
all pay telephones within each system shall, enable a caller to dial
"911" for emergency services, and to reach an operator by dialing "0"
without the necessity of inserting a coin. All public safety
answering points shall have access to operators who speak other
languages, in addition to English, on duty or available through
interagency telephone conference procedures at all times for
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 all public safety answering 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
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 these systems is
accomplished by all public agencies, the 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 Telecommunications Division, with the advice and
assistance of the Attorney General, shall coordinate the
implementation of systems established pursuant to this article. The
Telecommunications Division, with the advice and assistance of the
Attorney General, shall provide funding to local public agencies and
local public safety agencies to establish and maintain a
telecommunications emergency response system, and shall aid these
agencies in the formulation of concepts, methods, and procedures that
will improve the operation of systems required by this article and
that will increase cooperation between public safety agencies.
SEC. 17. Section 53114.1 of the Government Code is repealed.
SEC. 18. Section 53114.2 of the Government Code is amended to
read:
53114.2. Technical and operational standards for the
telecommunications emergency response system shall be established and
reviewed by the 911 Committee
Telecommunications Division, upon the advice of the State 911
Advisory Board, on or before December 31, 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 911 Committee
Telecommunications Division, upon the advice of the State 911
Advisory Board, 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) Each public agency shall submit tentative plans for
the establishment of a system required by this article to the public
utility or utilities providing public telecommunications service
within the respective jurisdiction of each public agency. A copy of
each plan shall be filed with the Telecommunications Division.
(b) Each public agency shall submit final plans to the
Telecommunications Division for approval upon the advice of the
State 911 Advisory Board . 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. Public agencies shall place a firm order as approved by the
911 Committee Telecommunications Division,
upon the advice of the State 911 Advisory Board, to the utility
or utilities providing telecommunications service to the public
agency, and shall make arrangements with these utilities for the
implementation of the planned telecommunications emergency response
system.
(c) Plans filed pursuant to subdivisions (a) and (b) shall conform
to minimum standards established pursuant to Section 53114.2.
(d) The Telecommunications Division shall monitor all
telecommunications emergency response systems to ensure they comply
with minimal operational and technical standards as established by
the 911 Committee Telecommunications
Division, upon the advice of the State 911 Advisory Board, .
If any system does not comply, the 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 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 911 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 911 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 Telecommunications Division of the Department of General Services
when appropriation for reimbursement to a local agency for the
incremental costs should be made. The committee shall only review
final plans which have been referred for consideration for
incremental funding by the 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 Telecommunications Division regarding a final plan which has not
been approved by the Telecommunications Division pursuant to Section
53115. The committee shall meet within 30 days following the
request, and shall make a recommendation to resolve the conflict to
the Telecommunications Division within 90 days following the initial
hearing by the committee pursuant to the request.
(c) The committee may also act in a general advisory capacity to
the Telecommunications Division relative to the implementation of any
"911" system.
SEC. 20. Section 53115.2 of the Government Code is repealed.
53115.2. The advisory committee 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 Division of the Department of General Services
when appropriation for reimbursement to a local agency for such
incremental costs should be made. The committee shall only review
final plans which have been referred for consideration for
incremental funding by the Communications 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 Division regarding a final plan which has not been
approved by the Communications 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 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 Division relative to the implementation of any
"911" system.
SEC. 20.3. Section 53115.2 is added to the Government Code, to
read:
53115.2. (a) There is in state government the State 911 Advisory
Board.
(b) The advisory board shall be comprised of the following members
appointed by the Governor who shall serve at the pleasure of the
Governor.
(1) The Chief of the California 911 Emergency Communications
Office shall serve as the nonvoting chair of the advisory board.
(2) One representative from the Department of the California
Highway Patrol.
(3) Two representatives on the recommendation of the California
Police Chiefs Association.
(4) Two representatives on the recommendation of the California
State Sheriffs Association.
(5) Two representatives on the recommendation of the California
Fire Chiefs Association.
(6) Two representatives on the recommendation of the CalNENA
Executive Board.
(c) Recommending authorities shall give consideration to the
knowledge, training, and expertise of the appointee with respect to
their experience within the California 911 system. Board members
should have at least two years of experience as a Public Safety
Answering Point (PSAP) manager or county coordinator, except where a
specific person is designated as a member.
(d) Members of the advisory board shall serve at the pleasure of
the Governor, but may not serve more than two consecutive two-year
terms, except as follows:
(1) The presiding Chief of the California 911 Emergency
Communications Office shall serve for the duration of his or her
tenure.
(2) Four of the members shall serve an initial term of three
years.
(e) Advisory board members shall not receive compensation for
their service on the board, but may be reimbursed for travel and per
diem for time spent in attending meetings of the board.
(f) The advisory board shall meet quarterly in public sessions in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 2 of Part 1 of Division 3
of Title 2). The Telecommunications Division shall provide
administrative support to the State 911 Advisory Board. The State
911 Advisory Board, at its first meeting, shall adopt bylaws and
operating procedures consistent with this article and establish
committees as necessary.
SEC. 21. Section 53115.3 of the Government Code is amended to
read:
53115.3. When proposed implementation of 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, the neighboring public
agency may request that the 911 Committee
Telecommunications Division, upon the advice of the State 911
Advisory Board 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 the final plan is filed
with the 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 the final plan is filed with the
Telecommunications Division. Any public agency wishing to request
review pursuant to this section shall file its request with the
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, on behalf of the
Telecommunications Division or on his or her own initiative, commence
judicial proceedings to enforce compliance by any public agency or
public utility providing telecommunications service with the
provisions of this article.
SEC. 23. Section 53117 of the Government Code is amended to read:
53117. The 9-1-1 Committee
Telecommunications Division, upon the advice of the State 911
Advisory Board, shall report annually to the Legislature the
progress in the implementation of systems required by this article.
These reports shall contain its recommendations for additional
legislation and funding.
SEC. 24. Section 53119 of the Government Code is repealed.
SEC. 25. Section 53120 of the Government Code is repealed.
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
Telecommunications Surcharge 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 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 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
telecommunications services in this state who is required to pay a
surcharge pursuant to this part.
SEC. 29. Section 41010 of the Revenue and Taxation Code is amended
to read:
41010. "Intrastate telecommunications services" means all local
or toll 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 telecommunications
services and shall mean local telecommunications service and include
monthly service flat-rate charges for usage, message unit charges and
shall mean toll charges, and include intrastatewidearea
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, 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 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
telecommunications service charges, charges for other than
telecommunications service, or any charge made by a hotel or motel
for service rendered in placing calls for its guests regardless of
how 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 telecommunications company accessible to the
public.
SEC. 32. Section 41015 of the Revenue and Taxation Code is amended
to read:
41015. "Local telecommunications service" shall mean both of the
following:
(a) The access to a local telecommunications system, and the
privilege of telephonic quality communication with substantially all
persons having telecommunications stations constituting a part of the
local telecommunications system.
(b) Any facility or service provided in connection with a service
described in subdivision (a).
The term "local telecommunications service" does not include any
service that is a "toll telephone service" or a "private
telecommunications service."
SEC. 33. 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.
(b) A service 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 telecommunications stations in a
specified area that is outside the local telecommunications system
area in which the station provided with this service is located.
SEC. 34. Section 41017 of the Revenue and Taxation Code is amended
to read:
41017. "Private telecommunications service" shall mean all of the
following:
(a) The telecommunication service furnished to a subscriber that
entitles the subscriber to do all of the following:
(1) To exclusive or priority use of any telecommunications channel
or groups of channels.
(2) To the use of an intercommunication system for the subscriber'
s stations, regardless of whether the channel, groups of channels, or
intercommunication system may be connected through switching with a
service described in Sections 41015 and 41016.
(b) Switching capacity, extension lines and stations, or other
associated services that are provided in connection with, and are
necessary or unique to the use of channels or systems described in
subdivision (a).
(c) The channel mileage that connects a telecommunications station
located outside a local telecommunications system area with a
central office in the local telecommunications system, except that
this term shall not include any telecommunications service unless a
separate charge is made for this service.
SEC. 35. Section 41018 of the Revenue and Taxation Code is amended
to read:
41018. "Telecommunications equipment company" shall mean a
manufacturer or vendor that sells or leases telecommunications
equipment.
SEC. 36. 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 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 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. 37. 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 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 this
service.
SEC. 38. Section 41025 of the Revenue and Taxation Code is amended
to read:
41025. If a bill is rendered to persons using intrastate
telecommunications services the amount on which the surcharge with
respect to these telecommunications services shall be based shall be
the sum of all charges for 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 group shall be
based, shall be the sum of all items within that group, and the
surcharge on the remaining items not included in that group, shall be
based on the charge for each item separately.
SEC. 39. 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 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 telecommunications service used by common carriers in the
conduct of their business.
SEC. 40. 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 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 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 the surcharge rate in any year be greater than
three-quarters of 1 percent nor less than one-half of 1 percent.
SEC. 41. Section 41031 of the Revenue and Taxation Code is amended
to read:
41031. The Department of General Services shall make its
determination of 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 telecommunications services on or after November 1 of each
year.
SEC. 42. 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 telecommunications emergency response system.
(d) To pay bills submitted to the Department of General Services
by service suppliers or telecommunications equipment companies for
the installation of, and ongoing expenses for, the following
telecommunications services supplied to local agencies in connection
with the telecommunications emergency response system:
(1) A reporting system.
(2) 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.
SEC. 43. 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 telecommunications equipment companies for the
installation and ongoing costs of the following telecommunications
services provided to local agencies by service suppliers in
connection with the telecommunications emergency response system:
(a) A reporting system.
(b) Approved incremental costs that have been concurred in by the
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. 44. 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 Telecommunications
Division for approval as provided in Section 53115 of the Government
Code.
SEC. 45. 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 customer premise equipment shall not exceed
specified amounts negotiated with each interested supplier and
approved by the administrative board. The department shall negotiate
supplier pricing to ensure cost effectiveness and the best value for
the 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
telecommunications emergency response system plan and 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 administrative board. Extraordinary
circumstances may warrant spending in excess of the established
rate, but shall be preapproved by the administrative board. In
determining the reimbursement rate, the 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
administrative board. Agencies shall be encouraged to procure
equipment on a competitive basis. Any amount in excess of the
pricing approved by the administrative board shall not be reimbursed.
SEC. 46. 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 these
agencies for approved incremental costs or to service suppliers or
telecommunications equipment companies for the following
telecommunications services supplied in connection with the
telecommunications emergency response system, provided the local
agency plans had been approved by the administrative board:
(1) A reporting system.
(2) 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. 47. Section 41141 of the Revenue and Taxation Code is amended
to read:
41141. Claims for reimbursement shall be submitted by local
agencies to the 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 that
exceed the approved incremental costs, approved contract amounts, or
the established tariff rates for these costs. No claim shall be paid
until funds are appropriated by the Legislature.
SEC. 48. 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 telecommunications equipment companies for the
installation and ongoing telecommunications services supplied to
local agencies in connection with the telecommunications emergency
response system, the obligation of service suppliers and local
agencies to provide telecommunications emergency service shall
terminate and 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 telecommunications equipment from
companies other than the telephone service suppliers.
SEC. 49. 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 telecommunications emergency 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 telecommunications services in
this state.