California 2019-2020 Regular Session Status: Passed Assembly

AB 96 — Emergency Telephone Users Surcharge Act.

Last action — Re-referred to Com. on B. & F.R.

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

This bill died with 2019-2020 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

The Emergency Telephone Users Surcharge Act generally imposes a surcharge on amounts paid by every person in the state for intrastate telephone communication service and Voice over Internet Protocol (VoIP) service that provides access to the 911 emergency system. Under the act, the surcharge is imposed at a percentage rate not less than 0.5% nor more than 0.75% of those charges that the Office of Emergency Services annually estimates, pursuant to a specified formula, will produce sufficient revenue to fund the current fiscal year's 911 costs, including the costs it expects to incur to plan, test, implement, and operate Next Generation 911 technology and services, as specified. Existing law requires the surcharge to be collected by a service supplier, and remitted to, and administered by, the California Department of Tax and Fee Administration. Existing law makes certain violations of the Emergency Telephone Users Surcharge Act a crime. This bill would amend the Emergency Telephone Users Surcharge Act to instead impose, on and after January 1, 2020, a surcharge on each access line for each month or part thereof for which a service user subscribes with a service supplier, at an amount no greater than $0.80, based on the Office of Emergency Services' estimate of the number of access lines to which the surcharge will be applied per month for a calendar year period, that it estimates, pursuant to a specified formula, will produce sufficient revenue to fund the current fiscal year's 911 costs. The bill, on and after January 1, 2020, would impose a surcharge on the purchase of prepaid mobile telephony services at the time of each retail transaction in this state, at the rate equal to the monthly surcharge amount per access line, to be paid by prepaid consumers and collected by sellers, as defined. The bill would require the surcharges to be remitted to, and administered by, the California Department of Tax and Fee Administration, in accordance with the Emergency Telephone Users Surcharge Act, except as specified. By expanding the scope of crimes imposed by the Emergency Telephone Users Surcharge Act, this bill would impose a state-mandated local program. Existing law requires amounts to be paid to the state pursuant to the Emergency Telephone Users Surcharge Act to be deposited into the State Emergency Telephone Number Account, and that the amounts deposited, upon appropriation by the Legislature, be spent solely for specified purposes, including payment for the installation of, and ongoing expenses for, a basic system. This bill would define a basic system to be 911 systems, including, but not limited to, Next Generation 911, and the subsequent technologies, and interfaces needed to deliver 911 voice and data information from the 911 caller to the emergency responder and the subsequent technologies, and interfaces needed to send information, including, but not limited to, alerts and warnings, to potential 911 callers. This bill would state that its provisions are severable. 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. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Re-referred to Com. on B. & F.R.

  2. Read second time. Ordered to third reading.

  3. From committee: Do pass. (Ayes 10. Noes 5.) (June 12).

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

  5. In committee: Hearing postponed by committee.

  6. Referred to Com. on B. & F.R.

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

  8. Read third time. Passed. Ordered to the Senate. (Ayes 54. Noes 13. Page 1175.)

  9. Read second time. Ordered to third reading.

  10. Ordered to second reading.

  11. Withdrawn from committee.

  12. Assembly Rule 96 suspended. (Ayes 53. Noes 15. Page 1032.)

  13. Referred to Com. on BUDGET.

  14. From printer. May be heard in committee January 3.

  15. Read first time. To print.

Sponsors

  • Committee on Budget · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 7 voted No

Sponsors (1)

  • Committee on Budget

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

Passed 10 Yea · 5 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 7401
Democratic 3002
Republican 0100
Total 10503
% of votes cast 56%28%0%17%
How each member voted (18)
Member Party Vote
Skinner — Yea
Monning — Yea
Beall — Yea
Wieckowski — Yea
Roth — Yea
Mitchell — Yea
Leyva — Yea
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Pan — Not Voting
Mark Stone — Nay
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Not Voting
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Not Voting
Jones, Brian W. Republican Nay

Official roll call →

AB 96 Ting Assembly Third Reading

Passed 54 Yea · 13 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 32808
Democratic 22102
Republican 0403
Total 5413013
% of votes cast 68%16%0%16%
How each member voted (80)
Member Party Vote
Salas — Yea
Frazier — Yea
Smith — Yea
Gonzalez — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Rodriguez — Yea
Santiago — Yea
Gray — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Kamlager-Dove — Yea
McCarty — Yea
Nazarian — Yea
Burke — Yea
Cooper — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Voepel — Nay
Brough — Nay
Kiley — Nay
Obernolte — Nay
Mathis — Nay
Bigelow — Nay
Melendez — Nay
Waldron — Nay
Mayes — Not Voting
Chiu — Not Voting
Levine — Not Voting
Cooley — Not Voting
Cunningham — Not Voting
Diep — Not Voting
Low — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Not Voting
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Nay
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Not Voting
Patterson, Joe Republican Nay

Official roll call →

Subjects

public-safety taxation technology
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Frequently asked questions

What does AB 96 do?
The Emergency Telephone Users Surcharge Act generally imposes a surcharge on amounts paid by every person in the state for intrastate telephone communication service and Voice over Internet Protocol (VoIP) service that provides access to the 911 emergency system. Under the act, the surcharge is imposed at a percentage rate not less than 0.5% nor more than 0.75% of those charges that the Office of Emergency Services annually estimates, pursuant to a specified formula, will produce sufficient revenue to fund the current fiscal year's 911 costs, including the costs it expects to incur to plan, test, implement, and operate Next Generation 911 technology and services, as specified. Existing law requires the surcharge to be collected by a service supplier, and remitted to, and administered by, the California Department of Tax and Fee Administration. Existing law makes certain violations of the Emergency Telephone Users Surcharge Act a crime. This bill would amend the Emergency Telephone Users Surcharge Act to instead impose, on and after January 1, 2020, a surcharge on each access line for each month or part thereof for which a service user subscribes with a service supplier, at an amount no greater than $0.80, based on the Office of Emergency Services' estimate of the number of access lines to which the surcharge will be applied per month for a calendar year period, that it estimates, pursuant to a specified formula, will produce sufficient revenue to fund the current fiscal year's 911 costs. The bill, on and after January 1, 2020, would impose a surcharge on the purchase of prepaid mobile telephony services at the time of each retail transaction in this state, at the rate equal to the monthly surcharge amount per access line, to be paid by prepaid consumers and collected by sellers, as defined. The bill would require the surcharges to be remitted to, and administered by, the California Department of Tax and Fee Administration, in accordance with the Emergency Telephone Users Surcharge Act, except as specified. By expanding the scope of crimes imposed by the Emergency Telephone Users Surcharge Act, this bill would impose a state-mandated local program. Existing law requires amounts to be paid to the state pursuant to the Emergency Telephone Users Surcharge Act to be deposited into the State Emergency Telephone Number Account, and that the amounts deposited, upon appropriation by the Legislature, be spent solely for specified purposes, including payment for the installation of, and ongoing expenses for, a basic system. This bill would define a basic system to be 911 systems, including, but not limited to, Next Generation 911, and the subsequent technologies, and interfaces needed to deliver 911 voice and data information from the 911 caller to the emergency responder and the subsequent technologies, and interfaces needed to send information, including, but not limited to, alerts and warnings, to potential 911 callers. This bill would state that its provisions are severable. 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. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 96?
AB 96 is sponsored by Committee on Budget.
What is the current status of AB 96?
This bill died with 2019-2020 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 96?
Track AB 96 free on One Click Politics — get push/email alerts when it moves.

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