California 2009-2010 Regular Session Status: To Executive 1 D cosponsors

SB 1040 — Telecommunications universal service programs: California Advanced Services Fund.

Last action — Chaptered by Secretary of State. Chapter 317, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

The existing federal Telecommunications Act of 1996 establishes a program for the regulation of telecommunications to attain the goal of local competition, while implementing specific, predictable, and sufficient federal and state mechanisms to preserve and advance universal service, consistent with certain universal service principles. The universal service principles include the principle that consumers in all regions of the nation, including low-income consumers and those in rural, insular, and high-cost areas, should have access to telecommunications and information services, including interexchange services and advanced telecommunications and information services, that are reasonably comparable to those services provided in urban areas and that are available at rates that are reasonably comparable to rates charged for similar services in urban areas. Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations, as defined. Existing law, until January 1, 2013, establishes the California Advanced Services Fund (CASF) in the State Treasury, and requires a surcharge, which is imposed by the commission and collected through retail telecommunications customers' bills, to be deposited in that fund. Existing law prohibits the commission from collecting more than $100,000,000 through the surcharge. Existing law requires the commission to develop, implement, and administer the CASF to provide for transfer payments to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and substantial social benefits of advanced information and communications technologies, as provided in a specified decision of the commission. Existing law requires the commission to conduct both a financial audit and a performance audit on the implementation and effectiveness of CASF and to report its findings to the Legislature by December 31, 2010. This bill would extend the operation of these provisions indefinitely, and would prohibit the commission from collecting more than $225,000,000 through the CASF surcharge pursuant to a specified schedule. The bill would establish 3 accounts within the fund and allocate a portion of the additional $125,000,000 that the bill authorizes to be collected, to be deposited into each of the accounts, for specified uses. The bill would require the commission to conduct an interim and final financial audit and interim and final performance audit on the implementation and effectiveness of CASF and to report to the Legislature its interim findings by April 1, 2011, and its final findings by April 1, 2017. The bill would require the commission to annually provide a report to the Legislature, until January 1, 2016, relating to the CASF and containing specified information. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 317, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 11:45 a.m.

  4. Senate concurs in Assembly amendments. (Ayes 32. Noes 1. Page 4888.) To enrollment.

  5. (Ayes 35. Noes 0. Page 4888.)

  6. Reconsideration granted.

  7. Motion to reconsider made by Senator Blakeslee.

  8. Senate concurs in Assembly amendments. (Ayes 35. Noes 0. Page 4858.) To enrollment.

  9. In Senate. To unfinished business.

  10. Read third time. Urgency clause adopted. Passed. (Ayes 61. Noes 16. Page 6366.) To Senate.

  11. Read second time. To third reading.

  12. Read second time. Amended. To second reading.

  13. (Heard in committee August 12.)

  14. From committee: Do pass as amended. (Ayes 12. Noes 5.)

  15. Set, first hearing. Referred to APPR. suspense file.

  16. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  17. Read second time. Amended. Re-referred to Com. on APPR.

  18. (Heard in Committee on June 14.)

  19. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 9. Noes 3.)

  20. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on U. & C.

  21. To Com. on U. & C.

  22. In Assembly. Read first time. Held at Desk.

  23. Read third time. Urgency clause adopted. Passed. (Ayes 33. Noes 0. Page 3410.) To Assembly.

  24. Read second time. Amended. To third reading.

  25. From committee: Do pass as amended. (Ayes 9. Noes 0. Page 3334.)

  26. Set for hearing April 26.

  27. (April 13 amended version corrected April 21.)

  28. Read second time. Amended. Re-referred to Com. on APPR.

  29. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 10. Noes 0. Page 3082.)

  30. Set for hearing April 6.

  31. To Com. on E., U., & C.

  32. From print. May be acted upon on or after March 15.

  33. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB1040 Padilla Urgency Clause

Passed 33 Yea · 1 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 30106
Democratic 2000
Republican 1000
Total 33106
% of votes cast 83%3%0%15%
How each member voted (40)
Member Party Vote
Yee — Yea
Huff — Yea
Cogdill — Yea
Corbett — Yea
Florez — Yea
Hancock — Yea
Ashburn — Yea
Dutton — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Not Voting
Hollingsworth — Not Voting
Kehoe — Yea
Liu — Yea
McLeod — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Blakeslee — Nay
Ducheny — Not Voting
Walters — Yea
Wiggins — Not Voting
Wright — Yea
Aanestad — Yea
Alquist — Yea
Harman — Not Voting
Leno — Yea
Wolk — Yea
Cedillo — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Unfinished Business SB1040 Padilla Reconsider

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Democratic 2000
Republican 1000
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Corbett — Yea
Hancock — Yea
Harman — Not Voting
Huff — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Alquist — Yea
Ashburn — Yea
Blakeslee — Yea
Ducheny — Yea
Dutton — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Wolk — Yea
Aanestad — Yea
Hollingsworth — Not Voting
Oropeza — Not Voting
Pavley — Yea
Romero — Yea
Walters — Yea
Wiggins — Not Voting
Wright — Yea
Wyland — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 1040 Padilla Third Reading Urgency By FUENTES

Passed 71 Yea · 18 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 661702
Republican 2100
Democratic 3000
Total 711802
% of votes cast 78%20%0%2%
How each member voted (91)
Member Party Vote
Carter — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Bill — Nay
Audra — Nay
Garrick — Not Voting
Hagman — Nay
Harkey — Nay
Jeffries — Not Voting
Anderson — Nay
Miller — Nay
Nestande — Nay
Nielsen — Nay
Ruskin — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Tom — Yea
Evans — Yea
Fuentes — Yea
Furutani — Yea
Gatto — Yea
Charles — Yea
Gilmore — Yea
Hall — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Lieu — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Bass — Yea
Beall — Yea
Block — Yea
Mendoza — Yea
Monning — Yea
Adams — Yea
Ammiano — Yea
Blakeslee — Nay
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Nay
Logue — Nay
Ma — Yea
Nava — Yea
Norby — Nay
Silva — Nay
Solorio — Yea
Torlakson — Yea
Tran — Yea
Eng — Yea
Feuer — Yea
DeVore — Nay
Yamada — Yea
Fuller — Nay
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 13 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13500
Total 13500
% of votes cast 72%28%0%0%
How each member voted (18)
Member Party Vote
Hall — Yea
Bradford — Yea
De — Yea
Leon — Yea
Conway — Nay
Huffman — Yea
Miller — Nay
Nielsen — Nay
Norby — Nay
Solorio — Yea
Torlakson — Yea
Harkey — Nay
Skinner — Yea
Torrico — Yea
Coto — Yea
Davis — Yea
Fuentes — Yea
Gatto — Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 9 Yea · 3 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 9304
Total 9304
% of votes cast 56%19%0%25%
How each member voted (16)
Member Party Vote
Carter — Yea
Furutani — Yea
Fong — Yea
Tom — Not Voting
Fletcher — Not Voting
Swanson — Yea
Villines — Nay
Bradford — Yea
Buchanan — Yea
Huffman — Yea
Knight — Nay
Ma — Yea
Skinner — Yea
Fuentes — Not Voting
Fuller — Nay
Bill Berryhill — Not Voting

Official roll call →

Senate 3rd Reading SB1040 Padilla Urgency Clause

Passed 34 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 32004
Republican 1000
Democratic 1001
Total 34005
% of votes cast 87%0%0%13%
How each member voted (39)
Member Party Vote
Yee — Yea
Wyland — Yea
Cedillo — Yea
Hancock — Yea
Hollingsworth — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Cogdill — Yea
Ducheny — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Ashburn — Not Voting
Dutton — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Not Voting
Wiggins — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Not Voting
Harman — Yea
Oropeza — Yea
Price — Yea
Walters — Yea
Corbett — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 9 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9002
Total 9002
% of votes cast 82%0%0%18%
How each member voted (11)
Member Party Vote
Wyland — Not Voting
Yee — Yea
Cox — Yea
Leno — Yea
Price — Yea
Wolk — Yea
Alquist — Yea
Kehoe — Yea
Walters — Not Voting
Corbett — Yea
Denham — Yea

Official roll call →

Do pass as amended, and re-refer to the Committee on Appropriations.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 8001
Republican 1000
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Lowenthal — Yea
Dutton — Yea
Wright — Yea
Kehoe — Yea
Oropeza — Yea
Simitian — Yea
Corbett — Yea
Cox — Yea
Florez — Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

public-safety technology
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Frequently asked questions

What does SB 1040 do?
The existing federal Telecommunications Act of 1996 establishes a program for the regulation of telecommunications to attain the goal of local competition, while implementing specific, predictable, and sufficient federal and state mechanisms to preserve and advance universal service, consistent with certain universal service principles. The universal service principles include the principle that consumers in all regions of the nation, including low-income consumers and those in rural, insular, and high-cost areas, should have access to telecommunications and information services, including interexchange services and advanced telecommunications and information services, that are reasonably comparable to those services provided in urban areas and that are available at rates that are reasonably comparable to rates charged for similar services in urban areas. Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations, as defined. Existing law, until January 1, 2013, establishes the California Advanced Services Fund (CASF) in the State Treasury, and requires a surcharge, which is imposed by the commission and collected through retail telecommunications customers' bills, to be deposited in that fund. Existing law prohibits the commission from collecting more than $100,000,000 through the surcharge. Existing law requires the commission to develop, implement, and administer the CASF to provide for transfer payments to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and substantial social benefits of advanced information and communications technologies, as provided in a specified decision of the commission. Existing law requires the commission to conduct both a financial audit and a performance audit on the implementation and effectiveness of CASF and to report its findings to the Legislature by December 31, 2010. This bill would extend the operation of these provisions indefinitely, and would prohibit the commission from collecting more than $225,000,000 through the CASF surcharge pursuant to a specified schedule. The bill would establish 3 accounts within the fund and allocate a portion of the additional $125,000,000 that the bill authorizes to be collected, to be deposited into each of the accounts, for specified uses. The bill would require the commission to conduct an interim and final financial audit and interim and final performance audit on the implementation and effectiveness of CASF and to report to the Legislature its interim findings by April 1, 2011, and its final findings by April 1, 2017. The bill would require the commission to annually provide a report to the Legislature, until January 1, 2016, relating to the CASF and containing specified information. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 1040?
SB 1040 is sponsored by Padilla, Stephen C. (Democratic).
What is the current status of SB 1040?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1040?
Track SB 1040 free on One Click Politics — get push/email alerts when it moves.

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