AMENDED IN SENATE JUNE 16, 2022
AMENDED IN SENATE JUNE 6, 2022
AMENDED IN SENATE JUNE 22, 2021
AMENDED IN ASSEMBLY MAY 24, 2021
AMENDED IN ASSEMBLY MAY 13, 2021
california legislature—2021–22 regular session
ASSEMBLY BILL No. 988
Introduced by Assembly Members Bauer-Kahan, Berman,
Quirk-Silva, Ting, Gipson, and Ramos
(Coauthors: Assembly Members Aguiar-Curry, Bloom, Gabriel, Cristina Garcia, Grayson, Low, McCarty, Mullin, Luz Rivas, Robert Rivas, Rodriguez, Santiago, Stone, Villapudua, Wicks, Lackey, Lee, Akilah Weber, and Wood)
(Coauthors: Senators Archuleta, Eggman, Glazer, Leyva, Wiener, Nielsen, Ochoa Bogh, and Umberg)
February 18, 2021
An act to add Article 6.3 (commencing with Section 53123.1) to Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code, and to amend Sections 41007.2, 41007.3, 41013, 41020, 41021, 41022, 41023, 41024, 41028, 41030, 41031, 41032, 41046, 41050, 41098, 41100, 41128, 41135, 41136, and 41150 of, to amend the headings of Article 1 (commencing with Section 41020) and Article 2 (commencing with Section 41030) of Chapter 2 of Part 20 of Division 2 of, and to amend the heading of Chapter 2 (commencing with Section 41020) of Part 20 of Division 2 of, the Revenue and Taxation Code, relating to emergency services, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.
94 legislative counsel’s digest
AB 988, as amended, Bauer-Kahan. Mental health: 988 crisis hotline. (1) Existing law, the Warren-911-Emergency Assistance Act, requires every local public agency, as defined, to have an emergency communication system and requires the digits “911” to be the primary emergency telephone number within the system.
Existing law specifies provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. Existing law specifies that county mental health services should be organized to provide immediate response to individuals in precrisis and crisis and to members of the individual’s support system on a 24-hour, 7-day-per-week basis and authorizes provision of crisis services offsite as mobile services.
Existing federal law, the National Suicide Hotline Designation Act, designates the 3-digit telephone number “988” as the universal number within the United States for the purpose of the national suicide prevention and mental health crisis hotline system operating through the National Suicide Prevention Lifeline maintained by the Assistant Secretary for Mental Health and Substance Abuse and the Veterans Crisis Line maintained by the Secretary of Veterans Affairs.
This bill would enact the Miles Hall Lifeline and Suicide Prevention Act. The bill would require the Office of Emergency Services to ensure, no later than July 16, 2022, that designated 988 centers utilize technology that allows for transfers between 988 centers as well as between 988 centers and 911 public safety answering points. The bill would require, no later than 90 days after passage of the act, the office to appoint a 988 crisis hotline system director, among other things. The bill would require, no later than July 1, 2024, the office to ensure interoperability between and across crisis and emergency response systems used throughout the state, as described. The bill would require the office to consult with specified entities on any technology requirements for 988 centers.
This bill would require the California Health and Human Services Agency to designate, no later than July 16, 2022, a 988 center or centers to provide crisis intervention services and crisis care coordination to individuals accessing 988. The bill would impose additional duties on the agency and 988 centers relating to the implementation of the 988 system.
94 AB 988 — 2 —
(2) Existing law, the Emergency Telephone Users Surcharges Act, generally imposes 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.
Existing law imposes 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. Existing law exempts certain lines from the surcharge, including lines supplying lifeline service. Existing law requires the surcharge to be remitted to, and administered by, the California Department of Tax and Fee Administration, in accordance with specified provisions. Existing law makes certain violations of the Emergency Telephone Users Surcharge Act a crime.
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 create a separate surcharge, beginning January 1, 2023, on each access line for each month or part thereof for which a service user subscribes with a service supplier. The bill would set the 988 surcharge for the 2023 and 2024 calendar years at $0.08 per access line per month and, for years beginning January 1, 2025, at an amount based on a specified formula, but no greater than $0.30 per access line per month. This bill would make applicable relevant provisions of the Emergency Telephone Users Surcharge Act to the 988 surcharge, as provided, including existing surcharge exemptions. The bill would authorize the 911 and 988 surcharges to be combined into a single-line item, as described. The bill would provide for specified costs to be paid by the fees prior to distribution to the Office of Emergency Services.
The bill would make conforming changes in regard to the 988 surcharge.
This bill would create the 988 State Mental Health and Crisis Services Special Fund and would require the fees to be deposited along with other specified moneys into the fund. The bill would provide that the 94 — 3 — AB 988
funds be used, upon appropriation by the Legislature, for specified purposes, in accordance with federal law and as prioritized, including funding 988 crisis hotline centers and the operation of mobile crisis teams. The bill would require the Office of Emergency Services to require an entity seeking moneys available through the fund to annually file an expenditure and outcomes report containing specified information.
(3) This bill would appropriate $8,035,700 from the General Fund to the 988 State Mental Health and Crisis Services Special Fund for purposes of covering the state’s first year of administrative costs in implementing the Miles Hall Lifeline and Suicide Prevention Act and of funding designated 988 centers to support the first year of their implementation of the 988 system.
(4) By imposing new requirements on counties and by expanding the scope of crimes imposed by the Emergency Telephone Users Surcharge Act, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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.
Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. (a) It is the intent of the Legislature to implement line 2 the National Suicide Hotline Designation Act of 2020, in 94 AB 988 — 4 —
line 1 compliance with the Federal Communication Commission’s rules line 2 designating “988” as a three-digit number for the National Suicide line 3 Prevention Hotline to assure all persons residing in and visiting line 4 the State of California have access to the “988” suicide prevention line 5 and behavioral health crisis hotline and care 24 hours per day, line 6 seven days per week.
line 7 (b) It is the intent of the Legislature that the 988 system in line 8 California operate as an emergency suicidal, mental health, and line 9 substance use disorder crisis system that provides compassionate, line 10 appropriate, and easily accessible care to reduce unnecessary line 11 hospitalizations and arrests.
line 12 (c) It is the intent of the Legislature that:
line 13 (1) By July 16, 2022, the congressionally established go-live line 14 date for the 988 number nationwide, 988 centers will be designated line 15 by the California Health and Human Services Agency and prepared line 16 to receive and respond to the anticipated 125-percent rise in call line 17 volume in the first year of operation of 988. To ensure the success line 18 of this transition, the Office of Emergency Services and the line 19 California Health and Human Services Agency will provide call line 20 centers with necessary technology, financing, and guidelines by line 21 July 16, 2022.
line 22 (2) By December 31, 2023, the California Health and Human line 23 Services Agency and the Office of Emergency Services will line 24 develop a plan for the statewide coordination of 988, 911, and line 25 county behavioral health crisis services, including mobile crisis line 26 teams. The plan will be based on a five-year implementation plan line 27 that includes a landscape analysis of existing services and describes line 28 how to expand, improve, and link services to fully implement this line 29 act by January 1, 2029.
line 30 SEC. 2. Article 6.3 (commencing with Section 53123.1) is line 31 added to Chapter 1 of Part 1 of Division 2 of Title 5 of the line 32 Government Code, to read:
line 33
line 34 Article 6.3. Miles Hall Lifeline and Suicide Prevention Act line 35
line 36 53123.1. This article shall be known, and may be cited, as the line 37 “Miles Hall Lifeline and Suicide Prevention Act.” line 38 53123.1.5. For purposes of this article, the following definitions line 39 shall apply:
94 — 5 — AB 988
line 1 (a) “988” means the three-digit telephone number designated line 2 by the Federal Communications Commission for the purpose of line 3 connecting individuals experiencing a mental health crisis with line 4 suicide prevention and mental health crisis counselors, mobile line 5 crisis teams, and crisis receiving and stabilization services and line 6 other behavioral health crisis services through the National Suicide line 7 Prevention Lifeline network.
line 8 (b) “988 center” means a county-operated or county line 9 contractor-operated center, center operating on a county or regional line 10 basis and participating in the National Suicide Prevention Lifeline line 11 network to respond to statewide or regional 988 calls. line 12 (c) “Agency” means the California Health and Human Services line 13 Agency.
line 14 (d) “Behavioral health crisis services” means the continuum of line 15 services to address crisis intervention, crisis stabilization, and crisis line 16 residential treatment needs of those with a mental health or line 17 substance use crisis that are wellness, resiliency, and recovery line 18 oriented. These include, but are not limited to, crisis intervention, line 19 including counseling provided by 988 centers, mobile crisis teams, line 20 and crisis receiving and stabilization services. line 21 (e) “Crisis receiving and stabilization services” means facilities line 22 with capacity for diagnosis, initial management, observation, crisis line 23 stabilization, and followup referral services. They include crisis line 24 stabilization units, sobering centers, crisis residential treatment, line 25 peer respite services, and services related to involuntary line 26 commitments under the Lanterman-Petris-Short Act (Part 1 line 27 (commencing with Section 5000) of Division 5 of the Welfare and line 28 Institutions Code).
line 29 (f) “Mobile crisis team” means a jurisdiction-based behavioral line 30 health team, as defined in the American Rescue Plan Act of 2021 line 31 (Section 1947(b)(2) of Public Law 117-2). Mobile crisis teams line 32 provide onsite interventions, including deescalation, stabilization, line 33 and referrals to behavioral health and other social services to line 34 individuals who are experiencing a behavioral health crisis. line 35 (g) “National Suicide Prevention Lifeline” means the national line 36 network of local crisis hotline centers that provide free and line 37 confidential emergency support to people in suicidal crisis or line 38 emotional distress 24 hours per day, seven days per week via a line 39 toll-free telephone hotline number that receives calls made through line 40 the 988 system. The toll-free telephone number is maintained by 94 AB 988 — 6 —
line 1 the Assistant Secretary for Mental Health and Substance Use under line 2 Section 520E-3 of the Public Health Service Act, Section line 3 290bb-36c of Title 42 of the United States Code. line 4 (h) “Office” means the Office of Emergency Services. line 5 (i) “Substance Abuse and Mental Health Services line 6 Administration” means that agency of the United States Department line 7 of Health and Human Services.
line 8 53123.2. (a) No later than July 16, 2022, the Office of line 9 Emergency Services shall ensure that designated 988 centers utilize line 10 technology that allows for transfers between 988 centers, as well line 11 as between 988 centers and 911 public safety answering points. line 12 (b) No later than 90 days after the passage of this act, the office line 13 shall do both of the following:
line 14 (1) Appoint a 988 crisis hotline system director to implement line 15 and oversee the administration coordinating the emergency mental line 16 health crisis response with emergency crisis lines. line 17 (2) (A) Establish and convene the State 988 Technical Advisory line 18 Board for purposes of advising the office on both of the following:
line 19 (i) The development of technical and operational standards for line 20 the 988 system that allow for coexistence with California’s 911 line 21 system.
line 22 (ii) The creation of standards for 988 operators to process and line 23 dispatch the necessary mental health response and when to transfer line 24 into the “911” public answering points or points (PSAP), and vice line 25 versa.
line 26 (B) The board shall meet no less than quarterly until December line 27 31, 2028. Following that date, the board may be disbanded at the line 28 discretion of the office.
line 29 (c) No later than July 1, 2024, the office shall ensure line 30 interoperability between and across crisis and emergency response line 31 systems used throughout the state, including 911, emergency line 32 services, behavioral health crisis services, and other nonbehavioral line 33 health crisis services. This shall include ensuring interoperability line 34 of telephone calls, texts, chats, and other similar capabilities line 35 consistent with the county’s implementation of Next Generation line 36 911.
line 37 (d) The office shall consult with the National Suicide Prevention line 38 Lifeline and the Substance Abuse and Mental Health Services line 39 Administration on any technology requirements for 988 centers. 94 — 7 — AB 988
line 1 53123.3. (a) No later than July 16, 2022, the California Health line 2 and Human Services Agency shall designate a 988 center or centers line 3 to provide crisis intervention services and crisis care coordination line 4 to individuals accessing 988. Each designated 988 center shall do line 5 all of the following:
line 6 (1) Meet federal Substance Abuse and Mental Health Services line 7 Administration requirements and national best practices guidelines line 8 for operational and clinical standards, including training line 9 requirements and policies for transferring callers to an appropriate line 10 specialized center, or subnetworks, within or external to, the line 11 National Suicide Prevention Lifeline network.
line 12 (2) Maintain an active agreement with the administrator of the line 13 National Suicide Prevention Lifeline for participation within the line 14 network.
line 15 (3) Comply with state technology requirements or guidelines line 16 for the operation of 988.
line 17 (b) No later than 90 days after the passage of this act, the agency line 18 shall do both of the following:
line 19 (1) Appoint a 988 crisis services director to provide direction line 20 and oversight of the implementation and administration of line 21 behavioral health crisis services accessed through 988. line 22 (2) Appoint and convene a state 988 policy advisory group for line 23 purposes of advising the agency on the implementation and line 24 administration of mental health crisis services accessible through line 25 988, including advising on the agency on the creation of the line 26 five-year implementation plan described in subdivision (d). line 27 (c) The advisory group described in paragraph (2) of subdivision line 28 (b) shall meet no less than quarterly until December 31, 2028. line 29 Following that date, the advisory group may disbanded at the line 30 discretion of the agency.
line 31 (d) (1) No later than December 31, 2023, the agency shall create line 32 a five-year implementation plan for a comprehensive 988 system line 33 that includes the following components:
line 34 (A) Access to crisis counselors through telephone call, text, and line 35 chat, 24 hours per day, seven days per week.
line 36 (B) Mobile crisis teams that operate statewide 24 hours per day, line 37 seven days per week, and can respond to individuals in crisis in a line 38 timely manner. Mobile crisis teams shall be able to respond to line 39 clearly articulated suicidal or behavioral health contracts made or line 40 routed to 988 as an alternative to law enforcement unless there is 94 AB 988 — 8 —
line 1 a medical emergency, someone is in immediate danger, or there line 2 is a reported crime where law enforcement is mandated to respond line 3 by state or federal law.
line 4 (C) Access to crisis receiving and stabilization services. line 5 (2) The five-year implementation plan shall include all of the line 6 following:
line 7 (A) A state governance structure of the 988 system. line 8 (B) Standards of care for call centers, mobile crisis teams, and line 9 behavioral health crisis services, including examples of models line 10 across the state that are in accordance with the National Suicide line 11 Hotline Designation Act of 2020, Substance Abuse and Mental line 12 Health Services Administration National Guidelines for Behavioral line 13 Health Crisis Care, and existing parity laws.
line 14 (C) Metrics for evaluating the 988 system.
line 15 (D) A framework for local implementation of statewide 988 line 16 policies, regulations, and guidelines for the coordination of the line 17 988 crisis response system across 988 call centers, 911, county line 18 behavioral health, public health, first responders, law enforcement line 19 agencies, and other relevant entities. The framework shall stipulate line 20 that any local plans developed must be approved by the state line 21 governing authority and include guidelines on establishing regional line 22 agreements and contracts that appropriately link call centers, line 23 mobile crisis teams, crisis receiving and stabilization centers, and line 24 other relevant county services such as additional call lines and line 25 services.
line 26 (E) Procedures for determining the annual operating budget for line 27 the purposes of establishing the rate of the 988 surcharge and how line 28 revenue will be dispersed to fund the 988 system consistent with line 29 Section 53123.4.
line 30 (F) Strategies for ensuring that the 988 crisis response system line 31 is adequately funded, including mechanisms for reimbursement line 32 of behavioral health emergency or crisis response pursuant to line 33 Sections 1374.72 and 1374.721 of the Health and Safety Code, line 34 including, but not limited to:
line 35 (i) Seeking to maximize all available federal funding sources line 36 for the purposes of 988 implementation, including federal Medicaid line 37 reimbursement for services; federal Medicaid reimbursement for line 38 administrative expenses, including the development and line 39 maintenance of information technology to support the 988 system 94 — 9 — AB 988
line 1 and crisis services; and federal grants, including the funding of line 2 mental health crisis services.
line 3 (ii) Coordinating with the Department of Insurance and line 4 Department of Managed Health Care to ensure efficient and timely line 5 reimbursement to counties for medically necessary crisis line 6 intervention, mobile crisis, crisis receiving and stabilization, and line 7 crisis residential services by health care service plans and disability line 8 insurers, pursuant to Section 1374.72 of the Health and Safety line 9 Code and Section 10144.5 of the Insurance Code and consistent line 10 with the requirements of the federal Mental Health Parity and line 11 Addiction Equity Act of 2008 (29 U.S.C. Sec. 1185a). line 12 53123.4. (a) The 988 State Mental Health and Crisis Services line 13 Special Fund is hereby established in the State Treasury. line 14 (b) The fund shall consist of all of the following:
line 15 (1) Revenue generated by the 988 surcharge assessed on users line 16 under Section 41020 of the Revenue and Taxation Code, which line 17 revenue shall be used solely for the operations of the 988 center line 18 and mobile crisis teams.
line 19 (2) Appropriations made by the Legislature.
line 20 (3) Grants and gifts intended for deposit in the fund. line 21 (4) Interest, premiums, gains, or other earnings on the fund. line 22 (5) Money from any other source that is deposited in or line 23 transferred to the fund.
line 24 (c) Notwithstanding Section 11754 of the Health and Safety line 25 Code, federal funds payable directly to the state by the Substance line 26 Abuse and Mental Health Services Administration to implement line 27 988 may be made directly to the fund.
line 28 (d) Money in the fund is subject to all of the following:
line 29 (1) Money shall not revert at the end of any fiscal year and shall line 30 remain available for the purposes of the fund in subsequent state line 31 fiscal years.
line 32 (2) Money shall not be subject to transfer to any other fund or line 33 to transfer, assignment, or reassignment for any other use or line 34 purpose outside of those specified in this article. line 35 (3) Money in the fund shall be available, upon appropriation by line 36 the Legislature, for the purposes specified in this article. line 37 (e) (1) All revenue generated by the 988 surcharge assessed on line 38 users under Section 41020 of the Revenue and Taxation Code shall line 39 only be expended the operations of the 988 center and mobile crisis line 40 teams.
94 AB 988 — 10 —
line 1 (2) The revenue generated by the 988 surcharge shall be line 2 prioritized to fund:
line 3 (A) First, the 988 centers, including the efficient and effective line 4 routing of telephone calls, personnel, and the provision of acute line 5 mental health services through telephone call, text, and chat to the line 6 988 number.
line 7 (B) Second, the operation of mobile crisis teams. line 8 (3) The revenue generated by the 988 surcharge shall be used line 9 to supplement and not supplant federal, state, and local funding line 10 for mobile crisis services and crisis receiving and stabilization line 11 services as calculated in the 2019–20 fiscal year. line 12 (4) The revenue generated by the 988 surcharge may only be line 13 used to fund service and operation expenses that are not line 14 reimbursable through federal Medicaid match, Medicare, health line 15 care service plans, or disability insurers.
line 16 (f) The Office of Emergency Services may adopt regulations line 17 regarding the process for counties to receive funds. line 18 (g) The office shall require an entity seeking funds available line 19 through the 988 State Mental Health and Crisis Services Special line 20 Fund to annually file an expenditure and outcomes report with line 21 information including, but not limited to, the following, as line 22 applicable to each modality, including call center, mobile crisis line 23 services, and crisis receiving and stabilization services:
line 24 (1) The total budget, by fund source.
line 25 (2) Number and job classification of personnel allocated to each line 26 modality.
line 27 (3) The number of individuals served.
line 28 (4) The outcomes for individuals served.
line 29 (5) The health coverage status of individuals served, if known. line 30 (6) The amount billed to and reimbursed by Medi-Cal or other line 31 public and private health care service plans or insurers. line 32 (7) Measures of system performance, including capacity, wait line 33 time, and the ability to meet demand for services. line 34 (h) The State Treasurer shall report annually to the office on line 35 fund deposits and expenditures.
line 36 SEC. 3. Section 41007.2 of the Revenue and Taxation Code line 37 is amended to read:
line 38 41007.2. (a) “Wireline communications service” shall mean line 39 a local exchange service provided at a physical location in this 94 — 11 — AB 988
line 1 state that allows the user to make an outbound communication to line 2 the 911 emergency communications or 988 crisis hotline. line 3 (b) For the purposes of the surcharge imposed by Chapter 2 line 4 (commencing with Section 41020):
line 5 (1) A wireline communications service access line does not line 6 include a direct inward dialing number, extension, or other similar line 7 feature that routes an inbound call and cannot provide access to line 8 the 911 emergency communications system.
line 9 (2) The number of surcharges imposed shall not exceed the total line 10 number of concurrent outbound calls that can be placed to the line 11 emergency communications system at a single point of time. line 12 (c) This definition shall apply only to this part. line 13 (d) Commencing January 1, 2023, the definition shall include line 14 a local exchange service provided at a physical location in this line 15 state that allows the user to make an outbound communication to line 16 the 988 crisis hotline as defined in the Miles Hall Lifeline and line 17 Suicide Prevention Act (Article 6.3 (commencing with Section line 18 53123.1) of Chapter 1 of Part 1 of Division 2 of Title 5 of the line 19 Government Code).
line 20 SEC. 4. Section 41007.3 of the Revenue and Taxation Code line 21 is amended to read:
line 22 41007.3. (a) “Wireless communications service line” shall line 23 mean a telecommunications service provided to an end user with line 24 a place of primary use in this state that allows the end user to make line 25 an outbound communication to the 911 emergency communications line 26 system. A wireless communications service line shall not include line 27 prepaid mobile telephony service.
line 28 (b) For the purposes of the surcharge imposed by Chapter 2 line 29 (commencing with Section 41020), not more than one surcharge line 30 may be imposed per wireless communications service line number line 31 assigned to an end user of mobile telecommunications service. line 32 (c) This definition shall apply only to this part. line 33 (d) Commencing January 1, 2023, the definition shall include line 34 a local exchange service provided at a physical location in this line 35 state that allows the user to make an outbound communication to line 36 the 988 crisis hotline as defined in the Miles Hall Lifeline and line 37 Suicide Prevention Act (Article 6.3 (commencing with Section line 38 53123.1) of Chapter 1 of Part 1 of Division 2 of Title 5 of the line 39 Government Code).
94 AB 988 — 12 —
line 1 SEC. 5. Section 41013 of the Revenue and Taxation Code is line 2 amended to read:
line 3 41013. “Surcharge” means a tax or taxes levied by this state. line 4 “Surcharge,” or “surcharges” as used in this part, refers to two line 5 separate charges, one related to 911 service and one related to 988 line 6 service.
line 7 SEC. 6. The heading of Chapter 2 (commencing with Section line 8 41020) of Part 20 of Division 2 of the Revenue and Taxation Code line 9 is amended to read:
line 10
line 11 Chapter 2. The Surcharges
line 12
line 13 SEC. 7. The heading of Article 1 (commencing with Section line 14 41020) of Chapter 2 of Part 20 of Division 2 of the Revenue and line 15 Taxation Code is amended to read:
line 16
line 17 Article 1. Imposition of the Surcharges
line 18
line 19 SEC. 8. Section 41020 of the Revenue and Taxation Code is line 20 amended to read:
line 21 41020. (a) (1) (A) On and after January 1, 2020, a 911 line 22 surcharge is hereby imposed on each access line for each month line 23 or part thereof for which a service user subscribes with a service line 24 supplier, at an amount determined under Article 2 (commencing line 25 with Section 41030). Beginning January 1, 2023, a separate 988 line 26 surcharge is hereby imposed on each access line for each month line 27 or part thereof for which a service user subscribes with a service line 28 supplier, at an amount determined under Article 2 (commencing line 29 with Section 41030).
line 30 (B) The surcharges shall be paid by the service user as line 31 hereinafter provided.
line 32 (2) On and after January 1, 2020, the purchase of prepaid mobile line 33 telephony services in this state shall be subject to a surcharge set line 34 forth under Article 2 (commencing with Section 41030). The line 35 surcharge shall be paid by the prepaid consumer in accordance line 36 with Section 41028 and remitted and administered in accordance line 37 with this part. Beginning January 1, 2023, a separate 988 surcharge line 38 is hereby imposed on the purchase of prepaid mobile telephony line 39 services, at an amount determined under Article 2 (commencing line 40 with Section 41030).
94 — 13 — AB 988
line 1 (b) The surcharges imposed shall not apply to either of the line 2 following:
line 3 (1) In accordance with the Mobile Telecommunications Sourcing line 4 Act (Public Law 106-252), which is incorporated herein by line 5 reference, to any charges for mobile telecommunications services line 6 billed to a customer where those services are provided, or deemed line 7 provided, to a customer whose place of primary use is outside this line 8 state. Mobile telecommunications services shall be deemed line 9 provided by a customer’s home service provider to the customer line 10 if those services are provided in a taxing jurisdiction to the line 11 customer, and the charges for those services are billed by or for line 12 the customer’s home service provider.
line 13 (2) To any charges for VoIP service billed to a customer where line 14 those services are provided to a customer whose place of primary line 15 use of VoIP service is outside this state.
line 16 (c) For purposes of this section:
line 17 (1) “Charges for mobile telecommunications services” means line 18 any charge for, or associated with, the provision of commercial line 19 mobile radio service, as defined in Section 20.3 of Title 47 of the line 20 Code of Federal Regulations, as in effect on June 1, 1999, or any line 21 charge for, or associated with, a service provided as an adjunct to line 22 a commercial mobile radio service, that is billed to the customer line 23 by or for the customer’s home service provider, regardless of line 24 whether individual transmissions originate or terminate within the line 25 licensed service area of the home service provider. line 26 (2) “Customer” means (A) the person or entity that contracts line 27 with the home service provider for mobile telecommunications line 28 services, or with a VoIP service provider for VoIP service, or (B) line 29 if the end user of mobile telecommunications services or VoIP line 30 service is not the contracting party, the end user of the mobile line 31 telecommunications service or VoIP service. This paragraph applies line 32 only for the purpose of determining the place of primary use. The line 33 term “customer” does not include (A) a reseller of mobile line 34 telecommunications service or VoIP communication service, or line 35 (B) a serving carrier under an arrangement to serve the mobile line 36 customer outside the home service provider’s licensed service line 37 area.
line 38 (3) “Home service provider” means the facilities-based carrier line 39 or reseller with which the customer contracts for the provision of line 40 mobile telecommunications services.
94 AB 988 — 14 —
line 1 (4) “Licensed service area” means the geographic area in which line 2 the home service provider is authorized by law or contract to line 3 provide commercial mobile radio service to the customer. line 4 (5) “Mobile telecommunications service” means commercial line 5 mobile radio service, as defined in Section 20.3 of Title 47 of the line 6 Code of Federal Regulations, as in effect on June 1, 1999. line 7 (6) “Place of primary use” means the street address line 8 representative of where the customer’s use of the mobile line 9 telecommunications service or VoIP service primarily occurs, that line 10 must be:
line 11 (A) The residential street address or the primary business street line 12 address of the customer.
line 13 (B) With respect to mobile telecommunications service, within line 14 the licensed service area of the home service provider. line 15 (7) (A) “Reseller” means a provider who purchases line 16 telecommunications services or VoIP service from another line 17 telecommunications service provider or VoIP service and then line 18 resells the services, or uses the services as a component part of, line 19 or integrates the purchased services into, a mobile line 20 telecommunications service or VoIP service.
line 21 (B) “Reseller” does not include a serving carrier with which a line 22 home service provider arranges for the services to its customers line 23 outside the home service provider’s licensed service area. line 24 (8) “Serving carrier” means a facilities-based carrier providing line 25 mobile telecommunications service to a customer outside a home line 26 service provider’s or reseller’s licensed area. line 27 (9) “Taxing jurisdiction” means any of the several states, the line 28 District of Columbia, or any territory or possession of the United line 29 States, any municipality, city, county, township, parish, line 30 transportation district, or assessment jurisdiction, or any other line 31 political subdivision within the territorial limits of the United States line 32 with the authority to impose a tax, charge, or fee. line 33 (10) “VoIP service provider” means that provider of VoIP line 34 service with whom the end user customer contracts for the line 35 provision of VoIP services for the customer’s own use and not for line 36 resale.
line 37 SEC. 9. Section 41021 of the Revenue and Taxation Code is line 38 amended to read:
line 39 41021. (a) A service supplier shall collect the surcharges from line 40 each service user at the time it collects its billings from the service 94 — 15 — AB 988
line 1 user. The duty to collect the surcharge from a service user shall line 2 commence with the beginning of the first regular billing period line 3 applicable to that person which starts on or after the operative date line 4 of the surcharge imposed by this part. If the stations or lines of line 5 more than one service supplier are utilized in furnishing the line 6 telephone communication services to the service user, the service line 7 supplier that bills the customer shall collect the surcharge from line 8 the customer.
line 9 (b) Only one payment per month under this part shall be required line 10 with respect to the surcharges on an access line. line 11 SEC. 10. Section 41022 of the Revenue and Taxation Code is line 12 amended to read:
line 13 41022. (a) The surcharges required to be collected by the line 14 service supplier shall be added to and stated separately in its line 15 billings to the service user.
line 16 (b) Notwithstanding subdivision (a), a service supplier may line 17 elect to combine the 911 and 988 surcharges into a single-line item line 18 on the service user billing. If the service supplier elects to combine line 19 the surcharges, the combined surcharge shall be labeled as the line 20 “911/988 Surcharge” on the service user’s bill. The service supplier line 21 shall remit the combined surcharges to the department in separate line 22 amounts for each surcharge on forms prescribed by the department. line 23 SEC. 11. Section 41023 of the Revenue and Taxation Code is line 24 amended to read:
line 25 41023. The surcharges required to be collected by the service line 26 supplier, and any amount unreturned to the service user that is not line 27 a surcharge but was collected from the service user as representing line 28 a surcharge, constitute debts owed by the service supplier to this line 29 state.
line 30 A service supplier that has collected any amount of surcharges line 31 in excess of the amount of surcharges imposed by this part and line 32 actually due from a service user, may refund that amount to the line 33 service user, even though that surcharge amount has already been line 34 paid over to the department and a corresponding credit or refund line 35 has not yet been secured. The service supplier may claim credit line 36 for that overpayment refund against the amount of surcharges line 37 imposed by this part that is due upon any other return, providing line 38 that credit is claimed in a return dated no later than three years line 39 from the date of overpayment.
94 AB 988 — 16 —
line 1 SEC. 12. Section 41024 of the Revenue and Taxation Code is line 2 amended to read:
line 3 41024. Every service user in this state is liable for the line 4 surcharges until it has been paid to this state, except that payment line 5 to a service supplier registered under this part is sufficient to relieve line 6 the user from further liability for the surcharge. line 7 Any surcharge collected from a service user that has not been line 8 remitted to the department shall be deemed a debt owed to the line 9 state by the person required to collect and remit that surcharge. line 10 Nothing in this part shall impose any obligation upon a service line 11 supplier to take any legal action to enforce the collection of the line 12 utility users surcharge imposed by this part. The service supplier line 13 shall provide the department with amounts uncollected which total line 14 three dollars ($3) or more on a cumulative basis with respect to a line 15 single service user along with the names, addresses, and reasons line 16 of the service users refusing to pay the surcharges imposed by this line 17 part.
line 18 SEC. 13. Section 41028 of the Revenue and Taxation Code is line 19 amended to read:
line 20 41028. (a) (1) On and after January 1, 2020, the surcharge line 21 amounts imposed by Section 41020 on the purchase of prepaid line 22 mobile telephony services in this state shall be collected by a seller line 23 from each prepaid consumer at the time of each retail transaction line 24 in this state. The surcharges shall be imposed at an amount as line 25 determined under Article 2 (commencing with Section 41030) on line 26 each retail transaction that occurs in this state. line 27 (2) (A) The amount of the surcharges shall be separately stated line 28 on an invoice, receipt, or other similar document that is provided line 29 to the prepaid consumer of mobile telephony services by the seller, line 30 or otherwise disclosed electronically to the prepaid consumer, at line 31 the time of the retail transaction.
line 32 (B) Notwithstanding subparagraph (A), a seller may elect to line 33 combine the 911 and 988 surcharges into a single-line item. If the line 34 seller elects to combine the surcharges, the combined surcharge line 35 shall be labeled as the “911/988 Surcharge” on the invoice, receipt, line 36 or other similar document that is provided to the prepaid consumer line 37 of mobile telephony services by the seller, or otherwise disclosed line 38 electronically to the prepaid consumer, at the time of the retail line 39 transaction. The seller shall remit the combined surcharges to the 94 — 17 — AB 988
line 1 department in separate amounts for each surcharge on forms line 2 prescribed by the department.
line 3 (b) (1) The surcharges that are required to be collected by a line 4 seller and any amount unreturned to the prepaid consumer of line 5 mobile telephony services that is not owed as part of the surcharge, line 6 but was collected from the prepaid consumer under the line 7 representation by the seller that it was owed as part of the line 8 surcharge, constitutes debts owed by the seller to this state. line 9 (2) A seller that has collected any amount of surcharge in excess line 10 of the amount of the surcharge imposed by this part and actually line 11 due from a prepaid consumer may refund that amount to the line 12 prepaid consumer, even though the surcharge amount has already line 13 been paid over to the department and a corresponding credit or line 14 refund has not yet been secured. The seller may claim credit for line 15 that overpayment refund against the amount of surcharge imposed line 16 by this part that is due upon any other return, providing that credit line 17 is claimed in a return dated no later than three years from the date line 18 of overpayment.
line 19 (c) (1) Every prepaid consumer of prepaid mobile telephony line 20 services in this state is liable for the surcharges until it has been line 21 paid to this state, except that payment to a seller registered under line 22 this part relieves the prepaid consumer from further liability for line 23 the surcharges. Any surcharge collected from a prepaid consumer line 24 that has not been remitted to the department shall be a debt owed line 25 to the state by the person required to collect and remit the line 26 surcharge. Nothing in this part shall impose any obligation upon line 27 a seller to take any legal action to enforce the collection of the line 28 surcharge imposed by this section.
line 29 (2) A credit shall be allowed against, but shall not exceed, the line 30 surcharge amounts imposed on any prepaid consumer of mobile line 31 telephony services by this part to the extent that the prepaid line 32 consumer has paid emergency telephone users charges on the line 33 purchase to any other state, political subdivision thereof, or the line 34 District of Columbia. The credit shall be apportioned to the charges line 35 against which it is allowed in proportion to the amounts of those line 36 charges.
line 37 (d) A seller is relieved from liability to collect the surcharge line 38 imposed by this part that became due and payable, insofar as the line 39 base upon which the surcharge is imposed is represented by line 40 accounts that have been found to be worthless and charged off for 94 AB 988 — 18 —
line 1 income tax purposes by the seller or, if the seller is not required line 2 to file income tax returns, charged off in accordance with generally line 3 accepted accounting principles. A seller that has previously paid line 4 the surcharge may, under rules and regulations prescribed by the line 5 department take as a deduction on its return the amount found line 6 worthless and charged off by the seller. If any such accounts are line 7 thereafter in whole or in part collected by the seller, the amount line 8 so collected shall be included in the first return filed after such line 9 collection and the surcharge shall be paid with the return. line 10 (e) For purposes of this section, a retail transaction occurs in line 11 the state under any of the following circumstances:
line 12 (1) The prepaid consumer makes the retail transaction in person line 13 at a business location in the state (point-of-sale transaction). line 14 (2) If paragraph (1) is not applicable, the prepaid consumer’s line 15 address is in the state (known-address transaction). A line 16 known-address transaction occurs in the state under any of the line 17 following circumstances:
line 18 (A) The retail sale involves shipping of an item to be delivered line 19 to, or picked up by, the prepaid consumer at a location in the state. line 20 (B) If the prepaid consumer’s address is known by the seller to line 21 be in the state, including if the seller’s records maintained in the line 22 ordinary course of business indicate that the prepaid consumer’s line 23 address is in the state and the records are not made or kept in bad line 24 faith.
line 25 (C) The prepaid consumer provides an address during line 26 consummation of the retail transaction that is in the state, including line 27 an address provided with respect to the payment instrument if no line 28 other address is available and the address is not given in bad faith. line 29 (3) If an address is not available to the seller to determine line 30 whether any of the circumstances in paragraph (2) exist, the line 31 transaction will be deemed to be a known-address transaction line 32 occurring in this state if the mobile telephone number is associated line 33 with a location in this state.
line 34 (f) The surcharge amounts imposed under this section shall be line 35 remitted by every seller, except a service supplier, as prescribed line 36 under Part 1 (commencing with Section 6001), along with a return line 37 filed using electronic media. The department shall administer such line 38 remittance and returns as prescribed under Part 1 (commencing line 39 with Section 6001).
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line 1 (g) Notwithstanding Article 1.1 (commencing with Section line 2 41060) of Chapter 4, any seller, except a service supplier, required, line 3 or that elects, to remit amounts due under Part 1 (commencing line 4 with Section 6001) by electronic funds transfer pursuant to Article line 5 1.2 (commencing with Section 6479.3) of Chapter 5 of Part 1 shall line 6 remit the surcharge upon prepaid mobile telephony service amounts line 7 due under this section by electronic funds transfer. line 8 (h) The purchase in a retail transaction in this state of prepaid line 9 mobile telephony services, either alone or in combination with line 10 mobile data or other services, by a prepaid consumer is exempt line 11 from the surcharges if all of the following apply:
line 12 (1) The prepaid consumer is certified as eligible for the state line 13 lifeline program or federal lifeline program.
line 14 (2) The seller is authorized to provide lifeline service under the line 15 state lifeline program or federal lifeline program. line 16 SEC. 14. The heading of Article 2 (commencing with Section line 17 41030) of Chapter 2 of Part 20 of Division 2 of the Revenue and line 18 Taxation Code is amended to read:
line 19
line 20 Article 2. Adjustment of Surcharge Amounts
line 21
line 22 SEC. 15. Section 41030 of the Revenue and Taxation Code is line 23 amended to read:
line 24 41030. (a) The Office of Emergency Services shall determine line 25 annually, on or before October 1, to be effective on January 1 of line 26 the following year, a surcharge amount pursuant to subdivision line 27 (b) that it estimates will produce sufficient revenue to fund the line 28 current fiscal year’s 911 and 988 costs.
line 29 (b) For determinations made that are applicable to the calendar line 30 year beginning on January 1, 2020, and each calendar year line 31 thereafter, the surcharge amount shall be determined annually by line 32 dividing the costs, including incremental costs, the Office of line 33 Emergency Services estimates for the current fiscal year of the line 34 following:
line 35 (1) The 911 costs approved pursuant to Article 6 (commencing line 36 with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title line 37 5 of the Government Code, less the available balance in the State line 38 Emergency Telephone Number Account in the General Fund, by line 39 its estimate of the number of access lines to which the surcharge line 40 will apply per month for the period of January 1 to December 31, 94 AB 988 — 20 —
line 1 inclusive, of the next succeeding calendar year, but in no event line 2 shall the surcharge amount in any month be greater than eighty line 3 cents ($0.80) per access line per month.
line 4 (2) For the 2023 and 2024 calendar years, the 988 surcharge line 5 shall be set at eight cents ($0.08) per access line per month. line 6 (3) For the year beginning January 1, 2025, and each calendar line 7 year thereafter, the 988 surcharge shall be determined by dividing line 8 the 988 costs approved pursuant to Article 6.3 (commencing with line 9 Section 53123.1) of Chapter 1 of Part 1 of Division 2 of Title 5 of line 10 the Government Code, less the available balance in the 988 State line 11 Mental Health and Crisis Services Special Fund, by the Office of line 12 Emergency Services’ estimate of the number of access lines to line 13 which the surcharge will apply per month for the period of January line 14 1 to December 31, inclusive, of the next succeeding calendar year, line 15 but in no event shall the surcharge amount in any month be greater line 16 than thirty cents ($0.30) per access line per month. line 17 (c) When determining the surcharge amount pursuant to this line 18 section, the office shall include the costs it expects to incur to plan, line 19 test, implement, and operate Next Generation 911 technology and line 20 services, including text to 911 service, and alerts and warnings, line 21 consistent with the plan and timeline required by Section 53121 line 22 of the Government Code.
line 23 (d) (1) Service suppliers shall report the total number of access line 24 lines to the Office of Emergency Services, on or before August 1, line 25 for the previous period of January 1 to December 31, inclusive. line 26 (2) The total number of access lines required to be reported in line 27 paragraph (1) shall include all lines from the categories of wireline line 28 communication service line, wireless communication service line, line 29 prepaid mobile telephony service line, and VoIP service line. The line 30 number of access line figures shall be reported individually for line 31 these categories.
line 32 (3) Notwithstanding any other law, the Office of Emergency line 33 Services, within 45 days of receiving a request from the line 34 department, shall provide the department the name and address of line 35 each service supplier, each service supplier’s total number of access line 36 lines, as provided in paragraph (2) for the prior calendar year, and line 37 any other information the department deems necessary to conduct line 38 its responsibilities under this part.
line 39 (e) The office shall perform a validation of the number of access line 40 lines using subscription data or other comparable data collected 94 — 21 — AB 988
line 1 by appropriate federal or state agencies. This subscription data or line 2 other comparable data shall be used to validate the access line data line 3 required to be reported by service suppliers in subdivision (d). line 4 (f) (1) The office shall notify the department of the surcharge line 5 amount imposed under this part, determined pursuant to this section line 6 on or before October 1 of each year.
line 7 (2) The surcharge imposed on the purchase of prepaid mobile line 8 telephony services shall be equal to the amount set forth in line 9 subdivision (b) for each retail transaction in this state. line 10 (g) (1) At least 30 days prior to determining the surcharge line 11 pursuant to subdivision (a), the Office of Emergency Services shall line 12 prepare a summary of the calculation of the proposed surcharge line 13 and make it available to the public, the Legislature, the 911 line 14 Advisory Board, the Mental Health Services Oversight and line 15 Accountability Commission, the State Department of Public Health, line 16 and on its internet website.
line 17 (2) For determinations made on or before October 1, 2019, the line 18 summary shall contain all of the following:
line 19 (A) The prior year revenues to fund 911 costs, including, but line 20 not limited to, revenues from prepaid service.
line 21 (B) Projected expenses and revenues from all sources, including, line 22 but not limited to, prepaid service to fund 911 costs. line 23 (C) The rationale for adjustment to the surcharge determined line 24 pursuant to subdivision (b), including, but not limited to, all line 25 impacts from the surcharge collected pursuant to Part 21 line 26 (commencing with Section 42001).
line 27 (h) For purposes of this section, for the determination made by line 28 the office on or before October 1, 2019, that is applicable for the line 29 calendar year beginning on January 1, 2020, and ending on line 30 December 31, 2020, the following definitions shall apply:
line 31 (1) “Service supplier” shall mean a person supplying an access line 32 line to a service user in this state.
line 33 (2) “Service user” means any person that subscribes for the right line 34 to utilize an access line in this state who is required to pay a line 35 surcharge under the provisions of this part.
line 36 SEC. 16. Section 41031 of the Revenue and Taxation Code is line 37 amended to read:
line 38 41031. The Office of Emergency Services shall make its line 39 determination of the surcharge amounts each year no later than line 40 October 1 and shall notify the department of the new amounts 94 AB 988 — 22 —
line 1 which shall be effective with respect to access lines and the line 2 purchase of prepaid mobile telephony services on or after January line 3 1 of the next succeeding calendar year.
line 4 SEC. 17. Section 41032 of the Revenue and Taxation Code is line 5 amended to read:
line 6 41032. Immediately upon notification by the Office of line 7 Emergency Services, the department shall notify every service line 8 supplier and seller registered with it of the new amounts by a means line 9 determined by the department that may include, but is not limited line 10 to, mail, electronic mail, or internet website postings. line 11 SEC. 18. Section 41046 of the Revenue and Taxation Code is line 12 amended to read:
line 13 41046. (a) There are exempt from the surcharges the following line 14 access lines and nonaccess line services:
line 15 (1) Those lines supplying lifeline service.
line 16 (2) Those lines connected to public telephones. line 17 (3) Those lines for which no charges are billed by a service line 18 supplier to a service user.
line 19 (b) This section shall become operative on January 1, 2020. line 20 SEC. 19. Section 41050 of the Revenue and Taxation Code is line 21 amended to read:
line 22 41050. (a) The surcharges imposed by subparagraph (A) of line 23 paragraph (1) of subdivision (a) of Section 41020 are imposed to line 24 each access line for which a service user has subscribed in any line 25 calendar month, whether or not the subscription covered all or part line 26 of any month.
line 27 (b) If a service user subscribes for service with one service line 28 supplier for a portion of a month and then subscribes for service line 29 with another service supplier for the remainder of the same month, line 30 the service user is liable for the surcharge to each of the access line 31 lines for which the service user has subscribed with the service line 32 supplier.
line 33 SEC. 20. Section 41098 of the Revenue and Taxation Code is line 34 amended to read:
line 35 41098. (a) If the department finds that a person’s failure to line 36 make a timely return or payment is due to the person’s reasonable line 37 reliance on written advice from the department, the person may line 38 be relieved of the surcharges imposed by this part and any penalty line 39 or interest added thereto.
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line 1 (b) For purposes of this section, a person’s failure to make a line 2 timely return or payment shall be considered to be due to line 3 reasonable reliance on written advice from the department, only line 4 if the department finds that all of the following conditions are line 5 satisfied:
line 6 (1) The person requested in writing that the department advise line 7 the person whether a particular activity or transaction is subject to line 8 the surcharge under this part. The specific facts and circumstances line 9 of the activity or transaction shall be fully described in the request. line 10 (2) The department responded in writing to the person regarding line 11 the written request for advice, stating whether or not the described line 12 activity or transaction is subject to the surcharges, or stating the line 13 conditions under which the activity or transaction is subject to the line 14 surcharges.
line 15 (3) The liability for surcharges applied to a particular activity line 16 or transaction which occurred before either of the following:
line 17 (A) Before the department rescinded or modified the advice so line 18 given, by sending written notice to the person of rescinded or line 19 modified advice.
line 20 (B) Before a change in statutory or constitutional law, a change line 21 in the department’s regulations, or a final decision of a court, which line 22 renders the department’s earlier written advice no longer valid. line 23 (c) Any person seeking relief under this section shall file with line 24 the department all of the following:
line 25 (1) A copy of the person’s written request to the department line 26 and a copy of the department’s written advice.
line 27 (2) A statement under penalty of perjury setting forth the facts line 28 on which the claim for relief is based.
line 29 (3) Any other information which the department may require. line 30 (d) Only the person making the written request shall be entitled line 31 to rely on the department’s written advice to that person. line 32 SEC. 21. Section 41100 of the Revenue and Taxation Code is line 33 amended to read:
line 34 41100. If the department determines that any amount, penalty, line 35 or interest has been paid more than once or has been erroneously line 36 or illegally collected or computed, the department shall set forth line 37 that fact in the records of the department, certify the amount line 38 collected in excess of the amount legally due and the person from line 39 whom it was collected or by whom paid, and credit the excess line 40 amount collected or paid on any amounts then due and payable 94 AB 988 — 24 —
line 1 from the person from whom the excess amount was collected or line 2 by whom it was paid under this part, and the balance shall be line 3 refunded to the person, or their successors, administrators, or line 4 executors. Any proposed determination by the department pursuant line 5 to this section with respect to an amount in excess of fifty thousand line 6 dollars ($50,000) shall be available as a public record for at least line 7 10 days prior to the effective date of that determination. line 8 Any overpayment of a surcharge by a service user to a service line 9 supplier or by a prepaid consumer to a seller who is required to line 10 collect the surcharge shall be credited or refunded by the state to line 11 the service user. However, if the service supplier or seller has paid line 12 the amount to the department and establishes to the satisfaction of line 13 the department that it has not collected the amount from the service line 14 user or has refunded the amount to the service user, the line 15 overpayment may be credited or refunded by the state to the service line 16 supplier.
line 17 SEC. 22. Section 41128 of the Revenue and Taxation Code is line 18 amended to read:
line 19 41128. The department shall enforce the provisions of this part line 20 and may prescribe, adopt, and enforce rules and regulations relating line 21 to the administration and enforcement of this part. The department line 22 shall not prescribe, adopt, or enforce any rule or regulation that line 23 has the effect, directly or indirectly, of altering the terms and line 24 conditions of service of a service supplier serving the general line 25 public, other than the imposition of the surcharges. line 26 SEC. 23. Section 41135 of the Revenue and Taxation Code is line 27 amended to read:
line 28 41135. (a) All amounts required to be paid to the state under line 29 this part shall be paid to the department in the form of remittances line 30 payable to the California Department of Tax and Fee line 31 Administration. The department shall transmit the payments to the line 32 State Treasurer to be deposited in the State Treasury to either the line 33 credit of the State Emergency Telephone Number Account in the line 34 General Fund, or the 988 State Mental Health and Crisis Services line 35 Special Fund, depending on the apportionment of the surcharge line 36 arising from the 911 emergency communication system or the 988 line 37 crisis hotline.
line 38 (b) The department, in consultation with the Office of line 39 Emergency Services, may adopt regulations to implement the line 40 apportionment of the surcharge.
94 — 25 — AB 988
line 1 (c) The department shall submit an annual report to the Office line 2 of Emergency Services on revenue generated by the 988 surcharge. line 3 SEC. 24. Section 41136 of the Revenue and Taxation Code is line 4 amended to read:
line 5 41136. (a) From the funds in the State Emergency Telephone line 6 Number Account, all amounts of the surcharge collected shall, line 7 when appropriated by the Legislature, be spent solely for the line 8 following purposes:
line 9 (1) To pay refunds authorized by this part.
line 10 (2) To pay the department for the cost of the administration of line 11 this part.
line 12 (3) To pay the Office of Emergency Services for its costs in line 13 administration of the “911” emergency telephone number system. line 14 (4) To pay bills submitted to the Office of Emergency Services line 15 by service suppliers or communications equipment companies for line 16 the installation of, and ongoing expenses for, the following line 17 communications services supplied to local agencies in connection line 18 with the “911” emergency phone number system:
line 19 (A) A basic system, defined as 911 systems, including, but not line 20 limited to, Next Generation 911, and the subsequent technologies, line 21 and interfaces needed to deliver 911 voice and data information line 22 from the 911 caller to the emergency responder and the subsequent line 23 technologies, and interfaces needed to send information, including, line 24 but not limited to, alerts and warnings, to potential 911 callers. line 25 (B) A basic system with telephone central office identification. line 26 (C) A system employing automatic call routing. line 27 (D) Approved incremental costs.
line 28 (5) To pay claims of local agencies for approved incremental line 29 costs, not previously compensated for by another governmental line 30 agency.
line 31 (6) To pay claims of local agencies for incremental costs and line 32 amounts, not previously compensated for by another governmental line 33 agency, incurred prior to the effective date of this part, for the line 34 installation and ongoing expenses for the following communication line 35 services supplied in connection with the “911” emergency line 36 telephone number system:
line 37 (A) A basic system, defined as 911 systems, including, but not line 38 limited to, Next Generation 911, and the subsequent technologies, line 39 and interfaces needed to deliver 911 voice and data information line 40 from the 911 caller to the emergency responder and the subsequent 94 AB 988 — 26 —
line 1 technologies, and interfaces needed to send information, including, line 2 but not limited to, alerts and warnings, to potential 911 callers. line 3 (B) A basic system with telephone central office identification. line 4 (C) A system employing automatic call routing.
line 5 (D) Approved incremental costs. Incremental costs shall not be line 6 allowed unless the costs are concurred in by the Office of line 7 Emergency Services.
line 8 (b) (1) From the funds in the 988 State Mental Health and Crisis line 9 Services Special Fund, all amounts of the 988 surcharge collected line 10 shall be spent for purposes identified in Section 53123.4 of the line 11 Government Code. However, before funds are disbursed as line 12 provided in Section 53123.4 of the Government Code, funds shall line 13 be used for all of the following:
line 14 (A) To pay refunds authorized by this part.
line 15 (B) To pay the department for the cost of the administration of line 16 this part.
line 17 (C) To pay the Office of Emergency Services for its costs in line 18 administration of the 988 crisis hotline.
line 19 (2) The remainder of the revenue shall be disbursed to the Office line 20 of Emergency Services for the purposes identified in Section line 21 53123.4 of the Government Code.
line 22 SEC. 25. Section 41150 of the Revenue and Taxation Code is line 23 amended to read:
line 24 41150. (a) The Legislature hereby declares and finds that to line 25 enable public agencies to implement “911” emergency phone line 26 systems required by the provisions of Chapter 1005 of the 1972 line 27 Regular Session (Article 6 (commencing with Section 53100) of line 28 Chapter 1 of Part 1 of Division 2 of Title 5 of the Government line 29 Code) it is necessary that a surcharge be imposed upon each access line 30 line in the state and upon the purchase of prepaid mobile telephony line 31 services in this state for access to the 911 emergency line 32 communication system. This act will provide funding for basic line 33 911, as defined in Section 41136, and the technology and interfaces line 34 needed to deliver 911 voice and data information from the 911 line 35 caller to the emergency responder and the subsequent technologies, line 36 and interfaces needed to send information, including, but not line 37 limited to, alerts and warnings, to potential 911 callers. In addition, line 38 this part will provide funding for incremental costs. line 39 (b) The Legislature hereby finds and declares that to enable line 40 public agencies to implement the 988 hotline required by the 94 — 27 — AB 988
line 1 provisions of the Miles Hall Lifeline and Suicide Prevention Act line 2 (Article 6.3 (commencing with Section 53123.1) of Chapter 1 of line 3 Part 1 of Division 2 of Title 5 of the Government Code) it is line 4 necessary that a surcharge be imposed upon access lines purchased line 5 by every person in the state for access to the 988 crisis hotline. line 6 This act, as amended by the act adding this subdivision, will line 7 provide funding, in part, for 988 centers operated by counties and line 8 mobile crisis teams and crisis receiving and stabilization services. line 9 teams.
line 10 SEC. 26. (a) The sum of eight million thirty-five thousand line 11 seven hundred dollars ($8,035,700) is hereby appropriated from line 12 the General Fund to the 988 State Mental Health and Crisis line 13 Services Special Fund, as established in Section 2 of this act. line 14 (b) The sum appropriated in subdivision (a) shall be used for line 15 the following purposes:
line 16 (1) To cover the state’s first year of administrative costs in line 17 implementing Section 2 of this act.
line 18 (2) To fund designated 988 centers to support the first year of line 19 their implementation of the 988 system.
line 20 SEC. 27. No reimbursement is required by this act pursuant to line 21 Section 6 of Article XIIIB of the California Constitution for certain line 22 costs that may be incurred by a local agency or school district line 23 because, in that regard, this act creates a new crime or infraction, line 24 eliminates a crime or infraction, or changes the penalty for a crime line 25 or infraction, within the meaning of Section 17556 of the line 26 Government Code, or changes the definition of a crime within the line 27 meaning of Section 6 of Article XIII B of the California line 28 Constitution.
line 29 However, if the Commission on State Mandates determines that line 30 this act contains other costs mandated by the state, reimbursement line 31 to local agencies and school districts for those costs shall be made line 32 pursuant to Part 7 (commencing with Section 17500) of Division line 33 4 of Title 2 of the Government Code.
line 34 SEC. 27. No reimbursement is required by this act pursuant line 35 to Section 6 of Article XIIIB of the California Constitution because line 36 the only costs that may be incurred by a local agency or school line 37 district will be incurred because this act creates a new crime or line 38 infraction, eliminates a crime or infraction, or changes the penalty line 39 for a crime or infraction, within the meaning of Section 17556 of line 40 the Government Code, or changes the definition of a crime within 94 AB 988 — 28 —
line 1 the meaning of Section 6 of Article XIII B of the California line 2 Constitution.
line 3 SEC. 28. This act is an urgency statute necessary for the line 4 immediate preservation of the public peace, health, or safety within line 5 the meaning of Article IV of the California Constitution and shall line 6 go into immediate effect. The facts constituting the necessity are:
line 7 In order to provide public safety resources as quickly as possible, line 8 it is necessary that this act take effect immediately.
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94 — 29 — AB 988