Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2010
 

Emergency Telephone Users Surcharge Law

CHAPTER 7. ADMINISTRATION.

Article 2. Disposition of Proceeds

Section 41136

41136. Disposition of funds. Funds in the State Emergency Telephone Number Account shall, when appropriated by the Legislature, be spent solely for the following purposes:

(a) A minimum of one-half of 1 percent of the charges for intrastate telephone communications services and VoIP service to which the surcharge applies as follows:

deletion(1) To pay refunds authorized by this part.

deletion(2) To pay the State Board of Equalization for the cost of the administration of this part.

deletion(3) To pay the deletionoffice of the State Chief Information Officer for its costs in administration of the "911" emergency telephone number system.

deletion(4) To pay bills submitted to the deletionoffice of the State Chief Information Officer by service suppliers or communications equipment companies for the installation of, and ongoing expenses for, the following communications services supplied to local agencies in connection with the "911" emergency phone number system:

deletion(A) A basic system.

deletion(B) A basic system with telephone central office identification.

deletion(C) A system employing automatic call routing.

deletion(D) Approved incremental costs.

deletion(5) To pay claims of local agencies for approved incremental costs, not previously compensated for by another governmental agency.

deletion(6) To pay claims of local agencies for incremental costs and amounts, not previously compensated for by another governmental agency, incurred prior to the effective date of this part, for the installation and ongoing expenses for the following communication services supplied in connection with the "911" emergency phone number system:

deletion(A) A basic system.

deletion(B) A basic system with telephone central office identification.

deletion(C) A system employing automatic call routing.

deletion(D) Approved incremental costs. Incremental costs shall not be allowed unless the costs are concurred in by the deletionoffice of the State Chief Information Officer.

(b)(1) For the purposes of paragraph (5) of subdivision (a), the term incremental costs shall include a maximum of one-quarter of 1 percent of the charges for intrastate telephone communications services and VoIP service to which the surcharge applies for a one-time payment to Primary Public Safety Answering Points for the cost necessary to recruit and train additional personnel necessary to accept wireless enhanced "911" calls from within their jurisdiction routed directly to their call centers.

(2) Funds allocated pursuant to this subdivision shall supplement, and not supplant, existing funding for these services.

(3) This subdivision shall remain in effect only until December 31, 2011.deletion

History.—Stats. 1994, Ch. 146, in effect January 1, 1995, added "expenses for the following" after "installation and ongoing" in subdivision (d); substituted "Incremental costs shall . . . unless costs are" for "Such incremental costs shall not be allowed unless such costs are recommended by the advisory committee and" in subparagraph (f)(4). Stats. 1997, Ch. 887 (AB 1198), in effect October 12, 1997, added subdivision (g). Stats. 1998, Ch. 485 (AB 2803), in effect January 1, 1999, substituted "Division of Telecommunications" for "Telecommunications Division" following "To pay the" in subdivision (g). Stats. 1999, Ch. 83 (SB 966), in effect January 1, 2000, added "of," after "for the installation", added a comma after "ongoing expenses for", and added "to" after "communications services supplied" in subdivision (d) and substituted "Division of Telecommunications of the Department of General Services" for "Communications Division" in paragraph (4) of subdivision (h). Stats. 2009, Ch. 489 (AB 912), in effect January 1, 2010, added "A minimum of one-half of 1 percent of the charges . . . surcharge applies as follows:" after ", when appropriated by the Legislature, . . . for the following purposes:" to the new subdivision (a); redesignated former subdivisions (a), (b), (c), and (d) as paragraphs (a)(1), (a)(2), (a)(3), and (a)(4), respectively; redesignated former paragraphs (d)(1), (d)(2), (d)(3), and (d)(4) as subparagraphs (a)(4)(A), (a)(4)(B), (a)(4)(C), and (a)(4)(D), respectively; redesignated former subdivisions (e) and (f) as paragraphs (a)(5) and (a)(6), respectively; redesignated former paragraphs (f)(1), (f)(2), (f)(3), and (f)(4) as (a)(6)(A), (a)(6)(B), (a)(6)(C), and (a)(6)(D), respectively; added new subdivision (b); deleted former subdivision (g); and substituted "office of the State Chief Information Officer" for "Department of General Services" throughout the entire section.

Note.—Sec. 1, Stats. 2009, Ch. 489 (AB 912) provided the following Legislative findings and declarations:

(a) The Warren-911-Emergency Assistance Act establishes the number "911" as the primary emergency telephone number of use in this state.

(b) The Emergency Telephone Users Surcharge Act generally imposes a surcharge on amounts paid by every person in the state for intrastate telephone service and is imposed at a percentage rate range, established in 1980, of between one-half of 1 percent and three-quarters of 1 percent. This surcharge is annually estimated to provide revenues to fund "911" emergency telephone system costs for the current fiscal year. The rate range has remained unchanged since 1980.

(c) In 2005, there were over five million "911" calls, over eight million "911" calls in 2006, and an estimated 12 million "911" calls in 2007. This represents a 119 percent increase in "911" calls over those past two years alone. The Department of the California Highway Patrol, a Public Safety Answering Point, receives approximately 750,000 "911" calls monthly at its 24 answering points statewide.

(d) This rapid increase has made it difficult for Public Safety Answering Points, including the Department of the California Highway Patrol, to meet the 10-second answering guideline recommended by the National Emergency Number Association and accepted by the industry, potentially affecting the safety and well-being of "911" callers.

(e) "911" call volumes continue to grow and additional personnel with the appropriate training and skills, including language skills, is needed to meet the 10-second answering guideline.