Telecommunications: prepaid mobile telephony services: state surcharge and fees: local charges collection.
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AB 300 — Telecommunications: prepaid mobile telephony services: state surcharge and fees: local charges collection.
Last action — Last day to consider Governor's veto pursuant to Joint Rule 58.5.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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5To Executive
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6Enacted
This bill died with 2013-2014 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
(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. Amounts are determined annually by the Office of Emergency Services, 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, or 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 Service Surcharge Collection Act (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 for the emergency telephone users surcharge into the Prepaid MTS 911 Account and to deposit the amounts collected for PUC surcharges into the Prepaid MTS PUC Account in the Prepaid Mobile Telephony Services Surcharge Fund, which the bill would establish in the State Treasury. The bill would require the PUC to annually compute for prepaid mobile telephony services the PUC's reimbursement fee and 6 universal service program surcharges, to post notice of those fees and surcharges on its Internet Web site, and to notify the State Board of Equalization and the Office of Emergency Services of the amounts and the computation method used to determine the amounts, which would be adjusted, as specified, and together would be the PUC surcharges. The bill would require the PUC, 30 days prior to adopting any adjustment to a reimbursement fee or universal service surcharge on both postpaid and prepaid intrastate service to prepare a prescribed resolution or other public document proposing the fee or surcharge adjustment and explaining the calculation of the new fee or surcharge, as specified, and would require the PUC to make it available to the public and on the PUC's Internet Web site. The Moore Universal Telephone Service Act establishes the Universal Lifeline Telephone Service program in order to provide low-income households with access to affordable basic residential telephone service. Existing decisions of the PUC exempt lifeline services from the PUC's reimbursement fee and the 6 end-user surcharges that fund the state's 6 universal service programs. This bill would exempt the purchase in a retail transaction in this state of prepaid mobile telephony services, either alone or in combination with mobile data or other services, by a consumer from the prepaid MTS surcharge and specified local charges if certain conditions are met, including that the prepaid consumer is certified as eligible for the state lifeline program or federal lifeline program. The bill would require the Office of Emergency Services 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. The bill would require the Office of Emergency Services to prepare a prescribed summary of the calculation of the proposed 911 surcharge and make the summary available to the public and on its Internet Web site, as specified. Local charges would be computed pursuant to the Local Prepaid Mobile Telephony Services Collection Act, discussed below. 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 Service Surcharge Collection Act. (2) Existing law generally provides that the legislative body of any charter city may make and enforce all ordinances and regulations with respect to municipal affairs, as provided, including, but not limited to, a utility user tax in that municipality. Existing law generally provides that the legislative body of a city may levy any tax that may be levied by a charter city. Existing law further provides that the board of supervisors of any county may levy a utility user tax on the consumption of, among other things, telephone service, in the unincorporated area of the county. This bill would, on and after January 1, 2015, suspend the authority of a city, county, or city and county, including any charter city, county, or city and county, to impose a utility user tax on the consumption of prepaid communications service at the rate specified in an ordinance adopted pursuant to existing law, and would instead require the utility user tax rate to be applied during that period under any ordinance to be at specified tiered rates, to be collected and administered as prescribed in the Prepaid Mobile Telephony Services Surcharge Collection Act. In addition, the bill would, on or after January 1, 2015, suspend the authority of a city, county, or city and county, including any charter city, county, or city and county, to impose a charge, that applies to prepaid mobile telephony service, on access to communication services or access to local "911" emergency telephone systems, in the city, county, or city and county at the rate as specified in an ordinance adopted pursuant to existing law, and would instead require the charge rate to be applied during that period under any ordinance to be at specified rates, to be collected and administered as prescribed in the Prepaid Mobile Telephony Services Surcharge Collection Act. This bill would specify that a change in a utility user tax rate or access charge rate resulting from either the rate limitations or the end of the suspension period is not subject to voter approval under either statute or Article XIII C of the California Constitution. This bill would require these local charges imposed by a city, county, or a city and county be administered and collected by the State Board of Equalization, deposited in the Local Charges for Prepaid Mobile Telephony Services Fund, which this bill would create, and transmitted to the city, county, or a city and county, as provided. This bill would allow a consumer to rebut the presumed location of a retail transaction for purposes of the collection of the local charges by filing a claim and declaration under penalty of perjury. By expanding the crime of perjury, this bill would impose a state-mandated local program. (3) The bill would repeal these provisions on January 1, 2018. (4) 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. (5) This bill would declare that it is to take effect immediately as an urgency statute.
Bill Text
- Enrolled 09/19/13 - Enrolled Current pdf September 19, 2013
- Amended 09/06/13 - Amended Senate pdf September 06, 2013
- Amended 08/22/13 - Amended Senate pdf August 22, 2013
- Amended 08/14/13 - Amended Senate pdf August 14, 2013
- Amended 07/10/13 - Amended Senate pdf July 10, 2013
- Amended 06/25/13 - Amended Senate pdf June 25, 2013
- Amended 06/03/13 - Amended Assembly pdf June 03, 2013
- Amended 05/21/13 - Amended Assembly pdf May 21, 2013
- Amended 04/16/13 - Amended Assembly pdf April 16, 2013
- Introduced 02/12/13 - Introduced pdf February 12, 2013
- AB300 View text html
Action History
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Last day to consider Governor's veto pursuant to Joint Rule 58.5.
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Consideration of Governor's veto pending.
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Vetoed by Governor.
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Enrolled and presented to the Governor at 4:30 p.m.
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Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 72. Noes 2. Page 3286.).
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In Assembly. Concurrence in Senate amendments pending.
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Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 31. Noes 4. Page 2347.).
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Read second time. Ordered to third reading.
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Read third time and amended. Ordered to second reading.
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 7. Noes 0.) (August 30).
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In committee: Placed on APPR. suspense file.
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Read second time and amended. Re-referred to Com. on APPR.
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From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (August 21).
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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.
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Read second time and amended. Re-referred to Com. on GOV. & F.
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From committee: Do pass as amended and re-refer to Com. on GOV. & F. (Ayes 6. Noes 0.) (July 2).
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E., U., & C.
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Referred to Coms. on E., U., & C. and GOV. & F.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 65. Noes 1. Page 1921.).
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Read third time and amended. Ordered to third reading. (Page 1896.)
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 16. Noes 0.) (May 24).
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In committee: Set, first hearing. Referred to APPR. suspense file.
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Re-referred to Com. on APPR.
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Read second time and amended.
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From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (May 13).
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In committee: Set, second hearing. Referred to REV. & TAX. suspense file.
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Measure version as amended on April 16 corrected.
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Re-referred to Com. on REV. & TAX.
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Read second time and amended.
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From committee: Do pass as amended and re-refer to Com. on REV. & TAX. (Ayes 14. Noes 0.) (April 8).
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Referred to Coms. on U. & C. and REV. & TAX.
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From printer. May be heard in committee March 15.
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Read first time. To print.
Sponsors
- Perea · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Perea
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 65 | 2 | 0 | 4 |
| Democratic | 4 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 72 | 2 | 0 | 4 |
| % of votes cast | 92% | 3% | 0% | 5% |
How each member voted (78)
| Member | Party | Vote |
|---|---|---|
| Achadjian | — | Yea |
| Ammiano | — | Yea |
| Bloom | — | Yea |
| Bradford | — | Yea |
| Brown | — | Yea |
| Buchanan | — | Yea |
| Holden | — | Yea |
| Levine | — | Yea |
| Logue | — | Yea |
| Mansoor | — | Yea |
| Morrell | — | Yea |
| Pan | — | Yea |
| Quirk | — | Yea |
| Skinner | — | Not Voting |
| Weber | — | Yea |
| Cooley | — | Yea |
| Dickinson | — | Yea |
| Gomez | — | Yea |
| Gordon | — | Yea |
| Hagman | — | Yea |
| Hall | — | Yea |
| Harkey | — | Yea |
| Allen | — | Yea |
| Lowenthal | — | Yea |
| Garcia | — | Yea |
| Gray | — | Yea |
| Fong | — | Yea |
| Mitchell | — | Yea |
| Bonilla | — | Yea |
| Linder | — | Yea |
| Medina | — | Yea |
| Alejo | — | Yea |
| Bigelow | — | Yea |
| Daly | — | Yea |
| Eggman | — | Yea |
| Nazarian | — | Yea |
| Olsen | — | Yea |
| Waldron | — | Yea |
| Wilk | — | Yea |
| Fox | — | Yea |
| Bocanegra | — | Yea |
| Gatto | — | Yea |
| John A. Pérez | — | Yea |
| Salas | — | Yea |
| Campos | — | Yea |
| Atkins | — | Not Voting |
| Jones-Sawyer | — | Yea |
| Maienschein | — | Yea |
| Chau | — | Yea |
| Chesbro | — | Not Voting |
| Chávez | — | Nay |
| Conway | — | Yea |
| Donnelly | — | Nay |
| Melendez | — | Yea |
| Mullin | — | Yea |
| Nestande | — | Yea |
| Perea | — | Yea |
| Rendon | — | Yea |
| Ting | — | Yea |
| Wagner | — | Yea |
| Wieckowski | — | Yea |
| Williams | — | Yea |
| Frazier | — | Yea |
| Yamada | — | Not Voting |
| Gorell | — | Yea |
| Beth Gaines | — | Yea |
| Jim Patterson | — | Yea |
| Lorena Gonzalez | — | Yea |
| Mark Stone | — | Yea |
| Roger Hernández | — | Yea |
| V. Manuel Pérez | — | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Dahle, Megan | Republican | Yea |
| Grove, Shannon | Republican | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 29 | 4 | 0 | 3 |
| Democratic | 2 | 0 | 0 | 1 |
| Total | 31 | 4 | 0 | 4 |
| % of votes cast | 79% | 10% | 0% | 10% |
How each member voted (39)
| Member | Party | Vote |
|---|---|---|
| Anderson | — | Yea |
| Beall | — | Nay |
| Hernandez | — | Yea |
| Hill | — | Yea |
| Lara | — | Yea |
| Leno | — | Nay |
| Liu | — | Yea |
| Pavley | — | Not Voting |
| Vidak | — | Yea |
| Walters | — | Yea |
| Corbett | — | Nay |
| Wyland | — | Yea |
| Correa | — | Yea |
| Galgiani | — | Yea |
| Huff | — | Yea |
| Nielsen | — | Yea |
| Evans | — | Yea |
| Lieu | — | Yea |
| Steinberg | — | Yea |
| Torres | — | Yea |
| De León | — | Yea |
| Emmerson | — | Yea |
| Knight | — | Yea |
| Monning | — | Nay |
| Roth | — | Yea |
| Wolk | — | Yea |
| Wright | — | Yea |
| Cannella | — | Yea |
| Block | — | Yea |
| Hueso | — | Not Voting |
| DeSaulnier | — | Yea |
| Fuller | — | Yea |
| Yee | — | Yea |
| Hancock | — | Not Voting |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Jackson, Corey A. | Democratic | Not Voting |
| Padilla, Stephen C. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 1 | 0 | 0 | 0 |
| Unaffiliated | 6 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Walters | — | Yea |
| Hill | — | Yea |
| Lara | — | Yea |
| De León | — | Yea |
| Steinberg | — | Yea |
| Beth Gaines | — | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Hill | — | Yea |
| Lara | — | Yea |
| Steinberg | — | Yea |
| Walters | — | Yea |
| De León | — | Yea |
| Beth Gaines | — | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Beall | — | Yea |
| Hernandez | — | Yea |
| Wolk | — | Yea |
| Emmerson | — | Yea |
| DeSaulnier | — | Yea |
| Knight | — | Yea |
| Liu | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 5 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 6 | 0 | 0 | 5 |
| % of votes cast | 55% | 0% | 0% | 45% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Hill | — | Yea |
| Pavley | — | Not Voting |
| Wolk | — | Not Voting |
| Cannella | — | Yea |
| Knight | — | Yea |
| Wright | — | Yea |
| De León | — | Not Voting |
| Corbett | — | Not Voting |
| DeSaulnier | — | Not Voting |
| Fuller | — | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 54 | 1 | 0 | 13 |
| Democratic | 7 | 0 | 0 | 0 |
| Republican | 4 | 0 | 0 | 0 |
| Total | 65 | 1 | 0 | 13 |
| % of votes cast | 82% | 1% | 0% | 16% |
How each member voted (79)
| Member | Party | Vote |
|---|---|---|
| Achadjian | — | Yea |
| Alejo | — | Yea |
| Bloom | — | Not Voting |
| Blumenfield | — | Yea |
| Bradford | — | Yea |
| Brown | — | Yea |
| Buchanan | — | Yea |
| Levine | — | Yea |
| Linder | — | Yea |
| Logue | — | Not Voting |
| Maienschein | — | Yea |
| Morrell | — | Yea |
| Nazarian | — | Yea |
| Pan | — | Yea |
| Perea | — | Yea |
| Waldron | — | Yea |
| Wilk | — | Yea |
| Gatto | — | Yea |
| Stone | — | Yea |
| Gomez | — | Yea |
| Lowenthal | — | Yea |
| Gorell | — | Yea |
| Atkins | — | Yea |
| Hall | — | Yea |
| Mitchell | — | Yea |
| Campos | — | Yea |
| Bonilla | — | Yea |
| Harkey | — | Yea |
| Jones-Sawyer | — | Yea |
| Mansoor | — | Yea |
| Bocanegra | — | Yea |
| Melendez | — | Yea |
| John A. Pérez | — | Yea |
| Bigelow | — | Yea |
| Cooley | — | Yea |
| Daly | — | Yea |
| Dickinson | — | Yea |
| Eggman | — | Yea |
| Mullin | — | Yea |
| Olsen | — | Yea |
| Quirk | — | Yea |
| Rendon | — | Yea |
| Wagner | — | Yea |
| Weber | — | Yea |
| Wieckowski | — | Yea |
| Williams | — | Yea |
| Chau | — | Yea |
| Chesbro | — | Not Voting |
| Salas | — | Not Voting |
| Fox | — | Not Voting |
| Gray | — | Not Voting |
| Chávez | — | Not Voting |
| Gordon | — | Not Voting |
| Conway | — | Yea |
| Holden | — | Not Voting |
| Donnelly | — | Nay |
| Ammiano | — | Not Voting |
| Medina | — | Not Voting |
| Nestande | — | Yea |
| Skinner | — | Not Voting |
| Ting | — | Yea |
| Frazier | — | Yea |
| Yamada | — | Not Voting |
| Gonzalez | — | Yea |
| Hagman | — | Yea |
| Beth Gaines | — | Yea |
| Roger Hernández | — | Yea |
| V. Manuel Pérez | — | Yea |
| Allen, Benjamin | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Garcia, Robert | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Dahle, Megan | Republican | Yea |
| Grove, Shannon | Republican | Yea |
| Jones, Brian W. | Republican | Yea |
| Patterson, Joe | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 1 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 16 | 0 | 0 | 1 |
| % of votes cast | 94% | 0% | 0% | 6% |
How each member voted (17)
| Member | Party | Vote |
|---|---|---|
| Bigelow | — | Yea |
| Bradford | — | Yea |
| Linder | — | Yea |
| Pan | — | Yea |
| Wagner | — | Yea |
| Ammiano | — | Not Voting |
| Gomez | — | Yea |
| Campos | — | Yea |
| Hall | — | Yea |
| Harkey | — | Yea |
| Bocanegra | — | Yea |
| Donnelly | — | Yea |
| Eggman | — | Yea |
| Quirk | — | Yea |
| Weber | — | Yea |
| Gatto | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 0 | 0 | 1 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 8 | 0 | 0 | 1 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Pan | — | Yea |
| Gordon | — | Not Voting |
| Harkey | — | Yea |
| Bocanegra | — | Yea |
| Mullin | — | Yea |
| Nestande | — | Yea |
| Ting | — | Yea |
| V. Manuel Pérez | — | Yea |
| Dahle, Megan | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 10 | 0 | 0 | 1 |
| Democratic | 2 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 14 | 0 | 0 | 1 |
| % of votes cast | 93% | 0% | 0% | 7% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Bradford | — | Yea |
| Buchanan | — | Yea |
| Quirk | — | Yea |
| Gorell | — | Yea |
| Bonilla | — | Yea |
| Chávez | — | Not Voting |
| Rendon | — | Yea |
| Skinner | — | Yea |
| Williams | — | Yea |
| Beth Gaines | — | Yea |
| Roger Hernández | — | Yea |
| Fong, Mike | Democratic | Yea |
| Garcia, Robert | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Patterson, Joe | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 300 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. Amounts are determined annually by the Office of Emergency Services, 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, or 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 Service Surcharge Collection Act (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 for the emergency telephone users surcharge into the Prepaid MTS 911 Account and to deposit the amounts collected for PUC surcharges into the Prepaid MTS PUC Account in the Prepaid Mobile Telephony Services Surcharge Fund, which the bill would establish in the State Treasury. The bill would require the PUC to annually compute for prepaid mobile telephony services the PUC's reimbursement fee and 6 universal service program surcharges, to post notice of those fees and surcharges on its Internet Web site, and to notify the State Board of Equalization and the Office of Emergency Services of the amounts and the computation method used to determine the amounts, which would be adjusted, as specified, and together would be the PUC surcharges. The bill would require the PUC, 30 days prior to adopting any adjustment to a reimbursement fee or universal service surcharge on both postpaid and prepaid intrastate service to prepare a prescribed resolution or other public document proposing the fee or surcharge adjustment and explaining the calculation of the new fee or surcharge, as specified, and would require the PUC to make it available to the public and on the PUC's Internet Web site. The Moore Universal Telephone Service Act establishes the Universal Lifeline Telephone Service program in order to provide low-income households with access to affordable basic residential telephone service. Existing decisions of the PUC exempt lifeline services from the PUC's reimbursement fee and the 6 end-user surcharges that fund the state's 6 universal service programs. This bill would exempt the purchase in a retail transaction in this state of prepaid mobile telephony services, either alone or in combination with mobile data or other services, by a consumer from the prepaid MTS surcharge and specified local charges if certain conditions are met, including that the prepaid consumer is certified as eligible for the state lifeline program or federal lifeline program. The bill would require the Office of Emergency Services 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. The bill would require the Office of Emergency Services to prepare a prescribed summary of the calculation of the proposed 911 surcharge and make the summary available to the public and on its Internet Web site, as specified. Local charges would be computed pursuant to the Local Prepaid Mobile Telephony Services Collection Act, discussed below. 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 Service Surcharge Collection Act. (2) Existing law generally provides that the legislative body of any charter city may make and enforce all ordinances and regulations with respect to municipal affairs, as provided, including, but not limited to, a utility user tax in that municipality. Existing law generally provides that the legislative body of a city may levy any tax that may be levied by a charter city. Existing law further provides that the board of supervisors of any county may levy a utility user tax on the consumption of, among other things, telephone service, in the unincorporated area of the county. This bill would, on and after January 1, 2015, suspend the authority of a city, county, or city and county, including any charter city, county, or city and county, to impose a utility user tax on the consumption of prepaid communications service at the rate specified in an ordinance adopted pursuant to existing law, and would instead require the utility user tax rate to be applied during that period under any ordinance to be at specified tiered rates, to be collected and administered as prescribed in the Prepaid Mobile Telephony Services Surcharge Collection Act. In addition, the bill would, on or after January 1, 2015, suspend the authority of a city, county, or city and county, including any charter city, county, or city and county, to impose a charge, that applies to prepaid mobile telephony service, on access to communication services or access to local "911" emergency telephone systems, in the city, county, or city and county at the rate as specified in an ordinance adopted pursuant to existing law, and would instead require the charge rate to be applied during that period under any ordinance to be at specified rates, to be collected and administered as prescribed in the Prepaid Mobile Telephony Services Surcharge Collection Act. This bill would specify that a change in a utility user tax rate or access charge rate resulting from either the rate limitations or the end of the suspension period is not subject to voter approval under either statute or Article XIII C of the California Constitution. This bill would require these local charges imposed by a city, county, or a city and county be administered and collected by the State Board of Equalization, deposited in the Local Charges for Prepaid Mobile Telephony Services Fund, which this bill would create, and transmitted to the city, county, or a city and county, as provided. This bill would allow a consumer to rebut the presumed location of a retail transaction for purposes of the collection of the local charges by filing a claim and declaration under penalty of perjury. By expanding the crime of perjury, this bill would impose a state-mandated local program. (3) The bill would repeal these provisions on January 1, 2018. (4) 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. (5) This bill would declare that it is to take effect immediately as an urgency statute.
- Who sponsors AB 300?
- AB 300 is sponsored by Perea.
- What is the current status of AB 300?
- This bill died with 2013-2014 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 AB 300?
- Track AB 300 free on One Click Politics — get push/email alerts when it moves.
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