Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2013
 

Emergency Telephone Users Surcharge Law

CHAPTER 7. ADMINISTRATION.

Article 2. Disposition of Proceeds

Section 41138

41138. Conditions for payment. (a) It is the intent of the Legislature that the reimbursement rates for "911" emergency telephone number equipment shall not exceed specified amounts negotiated with each interested supplier and approved by the California Technology Agency. The California Technology Agency shall negotiate supplier pricing to ensure cost effectiveness and the best value for the "911" emergency telephone number system. The California Technology Agency shall pay those bills as provided in Section 41137 only under the following conditions:

(1) The California Technology Agency shall have received the local agency's "911" emergency telephone number system plan by July 1 of the prior fiscal year and approved the plan by October 1 of the prior fiscal year.

(2) The Legislature has appropriated in the Budget Bill an amount sufficient to pay those bills.

(3) The California Technology Agency 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.

(4) The amounts to be paid do not exceed the pricing submitted by the supplier and approved by the California Technology Agency. Extraordinary circumstances may warrant spending in excess of the established rate, but shall be preapproved by the California Technology Agency. In determining the reimbursement rate, the California Technology Agency 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 California Technology Agency. Agencies shall be encouraged to procure equipment on a competitive basis. Any amount in excess of the pricing approved by the California Technology Agency shall not be reimbursed.

History.—Stats. 1996, Ch. 746, in effect January 1, 1997, added subdivision letter (a), added "It is the intent . . . by the department." as the first sentence of, and substituted "negotiate supplier pricing . . . shall pay those" for "pay such" in the second sentence of, subdivision (a), substituted "agency's" for "agencies" after "received the local" and substituted "the" for "such" after "year and approved" in paragraph (1) of, substituted "those" for "such" after "sufficient to pay" in paragraph (2) of, substituted "department has reviewed . . . eligibility for reimbursement" for "amounts to be paid shall not exceed the contract or established tariff rates for the costs of telephone equipment" in paragraph (3) of, substituted "do not exceed . . . equipment or service." for "shall not exceed approved incremental costs." in paragraph (4) of, subdivision (a), and added subdivision (b). Stats. 2010, Ch. 404 (AB 2408), in effect January 1, 2011, substituted "California Technology Agency" for "department" throughout section.