California 2011-2012 Regular Session Status: Passed Assembly

AB 1050 — Telecommunications: prepaid mobile telephony services: state surcharge.

Last action — From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F.

Track this bill free

No card. One bill, free forever — alerts when it moves.

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

This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) The existing Emergency Telephone Users Surcharge Act generally imposes a surcharge on amounts paid by every person in the state for intrastate telephone service to provide revenues sufficient to fund "911" emergency telephone system costs. Before July 1, 2013, amounts are determined annually by the California Technology Agency, and on and after that date, by the Department of Technology, and upon collection are paid to the State Board of Equalization on a monthly basis by the telephone service supplier and are deposited into the State Treasury to the credit of the State Emergency Telephone Number Account in the General Fund, to be expended for limited purposes, including to pay the Department of General Services for its costs in administration of the "911" emergency telephone number system. Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including telephone corporations, and is authorized to fix just and reasonable rates and charges for services provided by those public utilities. Existing law establishes the Public Utilities Commission Utilities Reimbursement Account and authorizes the PUC to annually determine a fee to be paid by every public utility providing service directly to customers or subscribers and subject to the jurisdiction of the PUC, except for a railroad corporation. The PUC is required to establish the fee, with the approval of the Department of Finance, to produce a total amount equal to that amount established in the authorized PUC budget for the same year, and an appropriate reserve to regulate public utilities, less specified sources of funding. Existing law establishes the state's telecommunications universal service programs and authorizes the PUC to impose charges for the purpose of funding those programs. Pursuant to this authority, the PUC has established 6 end-user surcharges to fund 6 universal service programs. This bill would enact the Prepaid Mobile Telephony Services Surcharge and Collection Act. The bill would establish a prepaid MTS surcharge, as defined, based upon a percentage of the sales price of each retail transaction that occurs in this state for prepaid mobile telephony services, as defined. The prepaid MTS surcharge would include the emergency telephone users surcharge, as defined, and PUC surcharges, as defined. The bill would require a seller, as defined, to collect the prepaid MTS surcharge, as provided, from a prepaid consumer, as defined, and remit the amounts collected to the State Board of Equalization pursuant to the Fee Collection Procedures Law. The bill would require the board, after deducting its administrative expenses, to deposit the amounts collected in the Prepaid Mobile Telephony Services Surcharge Fund, which the bill would establish in the State Treasury, as provided. The bill would require the PUC to annually compute the PUC's reimbursement fee and 6 universal service program fees, to post notice of those fees on its Internet Web site, and to notify the State Board of Equalization of the amounts, which would be adjusted, as specified, and which together would be the PUC surcharges. The bill would require the California Technology Agency to annually compute, as specified, the intrastate portion of the 911 surcharge to be collected on prepaid mobile telephony services to post notice of those charges and to notify the State Board of Equalization of the amount, which would be the emergency telephone users surcharge. Existing law defines mobile telephony services for purposes of the Public Utilities Code. This bill would revise that definition and incorporate that definition for purposes of the Prepaid Mobile Telephony Services Surcharge and Collection Act. (2) Existing law establishes requirements for consumer disclosure and service that are applicable to the advertising and sale of prepaid calling cards, as defined, and prepaid calling services, as defined, including the disclosure of ancillary services, as defined. This bill would except the prepaid MTS surcharge from the definition of ancillary services if the surcharge is disclosed, collected, and remitted pursuant to the Prepaid Mobile Telephony Services Surcharge and Collection Act. (3) The Fee Collection Procedures Law makes a violation of any provision of the law, or of certain requirements imposed by the board pursuant to the law, a crime. By expanding the application of the Fee Collection Procedures Law, the violation of which is a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (4) This bill would state that changes made by this bill to amend and add specified code sections are not intended to supersede changes made by Section 310 of the Governor's Reorganization Plan No. 2 of 2012, which took effect on July 3, 2012, and will become fully operative on July 1, 2013. (5) Provisions of this bill would become inoperative on January 1, 2017, and the Prepaid Mobile Telephony Services and Collection Act would be repealed on that date. The bill would further state the intent of the Legislature to develop and implement means to collect local utility user taxes and local communications related-charges on the purchase of prepaid mobile telephony services with the intent that the state MTS surcharge and those local charges would be in a uniform manner consistent with this bill collection procedures by that date. (6) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F.

  2. In committee: Set, first hearing. Hearing canceled at the request of author.

  3. Read second time and amended. Re-referred to Com. on GOV. & F.

  4. From committee: Do pass as amended and re-refer to Com. on GOV. & F. (Ayes 10. Noes 0.) (July 3).

  5. Re-referred to Coms. on E., U. & C. and GOV. & F.

  6. Withdrawn from committee.

  7. In committee: Hearing postponed by committee.

  8. Re-referred to Com. on GOV. & F.

  9. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  10. Senate Rule 29.3(b) suspended. (Ayes 23. Noes 14. Page 2393.)

  11. Referred to Com. on RLS.

  12. In Senate. Read first time. To Com. on RLS. for assignment.

  13. Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 3. Page 1801.)

  14. Read second time. Ordered to third reading.

  15. Read second time and amended. Ordered to second reading.

  16. From committee: Do pass as amended. (Ayes 17. Noes 0.) (May 27).

  17. In committee: Set, first hearing. Referred to APPR. suspense file.

  18. Re-referred to Com. on APPR.

  19. Read second time and amended.

  20. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (May 2).

  21. Re-referred to Com. on REV. & TAX.

  22. Read second time and amended.

  23. From committee: Do pass as amended and re-refer to Com. on REV. & TAX. (Ayes 13. Noes 0.) (April 11).

  24. Re-referred to Com. on U. & C.

  25. From committee chair, with author's amendments: Amend, and re-refer to Com. on U. & C. Read second time and amended.

  26. Referred to Com. on U. & C.

  27. From printer. May be heard in committee March 22.

  28. Read first time. To print.

Sponsors

  • Ma · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Ma

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

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

Passed 10 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 8003
Republican 1000
Democratic 1000
Total 10003
% of votes cast 77%0%0%23%
How each member voted (13)
Member Party Vote
Rubio — Yea
De León — Yea
Fuller — Yea
Corbett — Yea
Wright — Yea
Kehoe — Yea
Pavley — Yea
Simitian — Not Voting
Emmerson — Not Voting
DeSaulnier — Yea
Bill Berryhill — Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 1050 MA Assembly Third Reading

Passed 75 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 72302
Republican 2000
Democratic 1000
Total 75302
% of votes cast 94%4%0%3%
How each member voted (80)
Member Party Vote
Hagman — Yea
Butler — Yea
Feuer — Yea
Cedillo — Yea
Fong — Yea
Cook — Yea
Allen — Yea
Alejo — Yea
Olsen — Yea
Williams — Yea
Fuentes — Yea
Galgiani — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Garrick — Yea
Fletcher — Yea
Gordon — Yea
Gorell — Not Voting
Campos — Yea
Bonilla — Yea
Atkins — Yea
Halderman — Yea
Hall — Not Voting
Hayashi — Yea
Chesbro — Yea
Hill — Yea
Ammiano — Yea
Block — Yea
Conway — Yea
Davis — Yea
Donnelly — Nay
Huffman — Yea
Jeffries — Nay
Knight — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Nielsen — Nay
Pan — Yea
Perea — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Wagner — Yea
Wieckowski — Yea
Achadjian — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Hueso — Yea
Lara — Yea
Ma — Yea
Mansoor — Yea
Morrell — Yea
Norby — Yea
Smyth — Yea
Valadao — Yea
Carter — Yea
Eng — Yea
Dickinson — Yea
Yamada — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Hall — Yea
Campos — Yea
Harkey — Yea
Hill — Yea
Lara — Yea
Mitchell — Yea
Davis — Yea
Donnelly — Yea
Nielsen — Yea
Solorio — Yea
Blumenfield — Yea
Bradford — Yea
Norby — Yea
Wagner — Yea
Fuentes — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

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

Passed 13 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 12002
Democratic 1000
Total 13002
% of votes cast 87%0%0%13%
How each member voted (15)
Member Party Vote
Furutani — Yea
Gorell — Not Voting
Fletcher — Not Voting
Huffman — Yea
Nestande — Yea
Skinner — Yea
Valadao — Yea
Bradford — Yea
Buchanan — Yea
Knight — Yea
Ma — Yea
Swanson — Yea
Fuentes — Yea
Roger Hernández — Yea
Fong, Mike Democratic Yea

Official roll call →

Subjects

public-safety technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1050 do?
(1) The existing Emergency Telephone Users Surcharge Act generally imposes a surcharge on amounts paid by every person in the state for intrastate telephone service to provide revenues sufficient to fund "911" emergency telephone system costs. Before July 1, 2013, amounts are determined annually by the California Technology Agency, and on and after that date, by the Department of Technology, and upon collection are paid to the State Board of Equalization on a monthly basis by the telephone service supplier and are deposited into the State Treasury to the credit of the State Emergency Telephone Number Account in the General Fund, to be expended for limited purposes, including to pay the Department of General Services for its costs in administration of the "911" emergency telephone number system. Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including telephone corporations, and is authorized to fix just and reasonable rates and charges for services provided by those public utilities. Existing law establishes the Public Utilities Commission Utilities Reimbursement Account and authorizes the PUC to annually determine a fee to be paid by every public utility providing service directly to customers or subscribers and subject to the jurisdiction of the PUC, except for a railroad corporation. The PUC is required to establish the fee, with the approval of the Department of Finance, to produce a total amount equal to that amount established in the authorized PUC budget for the same year, and an appropriate reserve to regulate public utilities, less specified sources of funding. Existing law establishes the state's telecommunications universal service programs and authorizes the PUC to impose charges for the purpose of funding those programs. Pursuant to this authority, the PUC has established 6 end-user surcharges to fund 6 universal service programs. This bill would enact the Prepaid Mobile Telephony Services Surcharge and Collection Act. The bill would establish a prepaid MTS surcharge, as defined, based upon a percentage of the sales price of each retail transaction that occurs in this state for prepaid mobile telephony services, as defined. The prepaid MTS surcharge would include the emergency telephone users surcharge, as defined, and PUC surcharges, as defined. The bill would require a seller, as defined, to collect the prepaid MTS surcharge, as provided, from a prepaid consumer, as defined, and remit the amounts collected to the State Board of Equalization pursuant to the Fee Collection Procedures Law. The bill would require the board, after deducting its administrative expenses, to deposit the amounts collected in the Prepaid Mobile Telephony Services Surcharge Fund, which the bill would establish in the State Treasury, as provided. The bill would require the PUC to annually compute the PUC's reimbursement fee and 6 universal service program fees, to post notice of those fees on its Internet Web site, and to notify the State Board of Equalization of the amounts, which would be adjusted, as specified, and which together would be the PUC surcharges. The bill would require the California Technology Agency to annually compute, as specified, the intrastate portion of the 911 surcharge to be collected on prepaid mobile telephony services to post notice of those charges and to notify the State Board of Equalization of the amount, which would be the emergency telephone users surcharge. Existing law defines mobile telephony services for purposes of the Public Utilities Code. This bill would revise that definition and incorporate that definition for purposes of the Prepaid Mobile Telephony Services Surcharge and Collection Act. (2) Existing law establishes requirements for consumer disclosure and service that are applicable to the advertising and sale of prepaid calling cards, as defined, and prepaid calling services, as defined, including the disclosure of ancillary services, as defined. This bill would except the prepaid MTS surcharge from the definition of ancillary services if the surcharge is disclosed, collected, and remitted pursuant to the Prepaid Mobile Telephony Services Surcharge and Collection Act. (3) The Fee Collection Procedures Law makes a violation of any provision of the law, or of certain requirements imposed by the board pursuant to the law, a crime. By expanding the application of the Fee Collection Procedures Law, the violation of which is a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (4) This bill would state that changes made by this bill to amend and add specified code sections are not intended to supersede changes made by Section 310 of the Governor's Reorganization Plan No. 2 of 2012, which took effect on July 3, 2012, and will become fully operative on July 1, 2013. (5) Provisions of this bill would become inoperative on January 1, 2017, and the Prepaid Mobile Telephony Services and Collection Act would be repealed on that date. The bill would further state the intent of the Legislature to develop and implement means to collect local utility user taxes and local communications related-charges on the purchase of prepaid mobile telephony services with the intent that the state MTS surcharge and those local charges would be in a uniform manner consistent with this bill collection procedures by that date. (6) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 1050?
AB 1050 is sponsored by Ma.
What is the current status of AB 1050?
This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” 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 AB 1050?
Track AB 1050 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 1050

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 1050

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →