NOTICING THE ABSENCE OF A QUORUM
WOULD LIKE TO START AS OF
SUBCOMMITTEE IF THE SERGEANTS
RECALL THE ABSENT MEMBERS.
AND ALSO LIKE TO ANNOUNCE THAT --
MISS KAMLAGER-DOVE WILL BE
ABSENT FROM TODAY'S HEARING.
WOULD LIKE TO A THIS CALL YOU
WILL BEGIN.
S. AS A SUBCOMMITTEE.
THANK YOU VERY MUCH MISTER CHAIR
AND MEMBERS I APPRECIATE THE
OPPORTUNITY TO PRESENT ASSEMBLY
BILL.
ONE SIXTY TWO THIS IS A BILL TO
KEEP TEXTING TAX FREE IN
CALIFORNIA IT HAS TWENTY FIVE CO
AUTHORS WHICH IS THE THIRD MOST
OF ANY BILL IN THE LEGISLATURE
THIS YEAR.
AB ONE SIXTY TWO PROHIBITS THE
CALIFORNIA PUBLIC UTILITIES
COMMISSION FROM COLLECTING ANY
UNIVERSAL SERVICE FUND REVENUES
OR UTILITY REIMBURSEMENT FEES
DERIVE FROM CHARGES ON
COMMUNICATION SERVICES THAT HAVE
BEEN CLASSIFIED AS AN
INFORMATION SERVICE BY THE FCC.
THE CPUC ALREADY COLLECT THE
SURCHARGE ON WIRELESS LAN LINE
TELECOMMUNICATIONS SERVICES IN
ORDER TO FUND THE STATE'S
UNIVERSAL SERVICE FUND WHICH
INCLUDES A VARIETY OF PROGRAMS.
A RECENT PROPOSAL BY THE CQC
WOULD HAVE EXTENDED THAT
SURCHARGE TO TEXT MESSAGING.
BUT IT WAS WITHDRAWN AFTER THE
FCC ISSUED THE DECLARATORY
RULING WHICH CLASSIFIED TEXT
MESSAGING WHICH IS CREE THE
PREVIOUSLY ON CLASSIFIED AS AN
INFORMATION SERVICE.
NOW DESPITE THE NEW
CLASSIFICATION.
PROPONENTS OF THE TAX TAX DON'T
SEEM TO AGREE THAT THE STATE IS
PREEMPTED FROM REGULATING
INFORMATION SERVICES.
AND WOULD STILL LIKE THE TAX TAX
PROPOSAL TO MOVE FORWARD.
TEXT MESSAGING AS WE'RE ALL
AWARE HAS BECOME INTEGRAL TO
MODERN COMMUNICATION ESPECIALLY
FOR YOUNG PEOPLE.
STATE POLICIES OF ALREADY MADE
CALIFORNIA UNAFFORDABLE FOR FAR
TOO MANY.
AND BECOMING THE FIRST STATE IN
THE NATION THE TAX TAXING WOULD
ONLY MAKE OUR AFFORDABILITY
PROBLEM WORSE.
AB ONE SIXTY TWO MAKES IT CLEAR
THAT THE CEASE BE YOU SEE IS
PROHIBITED PROHIBITED FROM
UNILATERALLY EXTENDING TAXES
FEES AND SURCHARGES TO ANY
COMMUNICATION SERVICE THAT THE
FCC IS CLASSIFIED.
AS AN INFORMATION SERVICE WHICH
NOW INCLUDES TAX MESSAGES.
I HAVE WITH ME THIS AFTERNOON
DAY BY DAY BUT WERE FROM THE
UNITED CHAMBER ADVOCACY NETWORK
IN SUPPORT.
THANK YOU ASSEMBLY MEMBER -- MR
CHAIRMAN MEMBERS OF THE
COMMITTEE -- AS ASSEMBLY MEMBER
KILEY SAID MY NAME IS DAVE BUT
WHAT I'M I'M HERE ON BEHALF OF
WHAT WE CALL YOU CAN UNITED
CHAMBER ADVOCACY NETWORK WHICH
IS A COALITION OF LOCAL CHAMBERS
OF COMMERCE HERE IN THE
SACRAMENTO.
REGION OF FOR THE LAST TWO YEARS
WE'VE SURVEYED YOU CAN MEMBERS --
AND 80% OF WHICH ARE SMALL
BUSINESS OWNERS AND OPERATORS OF
TWENTY FIVE EMPLOYEES OR LESS TO
IDENTIFY THEIR TOP CONCERNS
RELATIVE TO STATE POLICY.
IN EACH OF THESE YEARS TAXES AND
FEES WERE IDENTIFIED BY OVER 70%
OF THE MEMBERS AS TOP CONCERNS
FOLLOWED BY REGULATIONS.
AND CALIFORNIA'S OVERALL
BUSINESS CLIMATE -- AND IN MY
EXPERIENCE WHETHER YOU'RE
SURVEYING -- MEMBERS OF THAT EL
DORADO COUNTY CHAMBER -- THAT EL
CAJON CHAMBER -- THESE CONCERNS
ARE GENERALLY CONSISTENT
THROUGHOUT OUR STATE -- THE YOU
CAN CHAMBERS A SUPPORT ASSEMBLY
BILL ONE SIXTY TWO BECAUSE IT
WILL LIMIT FEE INCREASES ON TEXT
MESSAGING SERVICES WHICH IS AN
INCREASINGLY IMPORTANT MARKETING
COMMUNICATIONS TOOL -- FOR SMALL
BUSINESSES AND MOREOVER HAD THE
P. YOU SEE A APPROVED -- THE FEE
PROPOSED FEET LAST DECEMBER AS
THE ASSEMBLY MEMBER STATED
CALIFORNIA WOULD BE THE ONLY
STATE IN THE UNION WHAT SUCH A
FEE FURTHER DIMINISHING OUR
STATE'S ECONOMIC COMPETITIVENESS.
AND BUSINESS CLIMB AND FOR THOSE
REASONS AND MORE A YOU CAN
CHAMBERS -- ASK FOR YOUR AYE
VOTE ON AB ONE SIXTY TWO THANKS
FOR YOUR TIME.
THANK.
THANK YOU ANY ADDITIONAL SUPPORT
AS A SUPPORT WITNESSES
[inaudible]
XENON.
ANY MAN OPPOSITION WITNESSES.
ANY ADDITIONAL OPPOSITION
WITNESSES.
ANY QUESTIONS FROM COMMITTEE
MEMBERS.
YES MR HOLDEN.
SO I GUESS THERE'S A QUESTION AS
TO WHETHER OR NOT THIS NEEDS TO
BE CODIFIED AND STATE LAW.
AND AND I KNOW IN YOUR
PRESENTATION PROBABLY.
TOUCHED ON IT BUT CAN YOU.
GO BACK OVER OF WHY IT BECOMES
NECESSARY FOR TO TO HAVE THE
BILL -- THIS ACTION -- IN STATE
LAW NGUYEN APPEARS AT THE CPA
CPUC.
CANNOT.
DO THIS OR IMPOSE THIS -- SURE
BE.
YEAH THAT'S A FAIR QUESTION
UNFORTUNATELY WE'VE HEARD FROM
ADVOCATES FOR THE TAX TAX --
THAT THEY'D LIKE TO SEE IF YOU
SEE TO MOVE FORWARD WITH THE TAX
ON TEXT MESSAGING NOT
WITHSTANDING -- THE DECLARATORY
RULING FROM THE FCC SO A COUPLE
EXAMPLES.
OF PAUL GOODMAN HERE -- WHO'S
WITH I'M THE GREEN LINING
INSTITUTE HE SAID I'D AGREE THIS
FCC DECISION COMPLICATES THINGS
BUT I DON'T THINK IT ELIMINATES
THE P. UC'S ABILITY. TO IMPOSE
THAT YOU ALSO HAVE MANY SPAT
WITH THE UTILITY REFORM NETWORK --
SAID NOTHING THE FCC HAS DONE
PRESENT PREVENTS LEADERSHIP IN
THIS AREA AND SO THERE.
IS STILL AN ARGUMENT ON THE PART
OF ADVOCATES FOR THE TEXT TAX
THAT ACTUALLY EXISTING STATE LAW.
PROVIDES A FORTY PURSUANT TO
WHICH THE S. P. YOU SEE COULD
IMPOSE THIS TAX NOW WITH MY
IMPRESSION FROM MEMBERS OF THIS
COMMITTEE MEMBERS OF THE
LEGISLATIVE TWENTY FIVE CO
AUTHORS OF THE BILL THAT IS NOT
THE SENTIMENT OF THIS
LEGISLATURE THAT WE DO NOT.
WANT TEXT MESSAGING TO BE TAXED
AND SO THIS BILL IS SIMPLY A
MATTER OF MAKING SURE THAT THAT
SENTIMENT IS EXPRESSED IN A LAW
AND PREVENTING -- THE SET PC
FROM IMPOSING THE TAX IN THE
FUTURE.
AND THE THE CHURCH
RECOMMENDATION IS -- NINE NINE
HELLO AND BUT THAT'S FOR
EMPHASIS OR THAT WAS JUST TO
MAKE SURE I UNDERSTOOD.
I'VE OFTEN BE CONFUSING THE
GERMANS RECOMMENDATION AND SAYS
NO NO RECOMMENDATION PERSONS NOT
RECOMMEND GOT IT ALL IN SPEAKER.
OKAY -- OKAY [inaudible]
THAT'S AWFUL.
ANY OTHER QUESTIONS ANY OTHER
QUESTIONS FROM COMMITTEE MEMBERS.
THIS CALL YOU MAY CLOSE.
VERY MUCH I APPRECIATE THE
OPPORTUNITY TO PRESENT OF THE
ISSUE HERE IS VERY SIMPLE I DO
WE THINK TEXTING SHOULD BE TAXED
OR DO WE THINK IT SHOULDN'T BE
TAXED I PERSONALLY.
THINK THAT TEXTING SHOULD BE TAX
FREE AND I HOPE YOU AGREE WITH
ME ON THAT AND ASK FOR NOT ABOUT.
WILL WE WILL HEAR THE BILL WILL
FIVE WILL VOTE ON THE BILL ONCE
WE HAVE A CORN.
THANKS VERY MUCH [inaudible]
YEAH -- YES I THINK THAT IF
[inaudible]
OKAY -- YEAH [inaudible]
OKAY
-- MA'AM SECRETARY NOTICING
THERE IS A QUORUM HOW PLEASE
CALL THE ROLL [inaudible]
SANTIAGO [inaudible]
OBERNOLTE.
BUT A WHOLE ABOUT [inaudible]
BONTA [inaudible]
BRO [inaudible]
CERVANTES [inaudible]
EDUARDO GARCIA [inaudible]
HOLDEN [inaudible]
LOW [inaudible]
PATTERSON [inaudible]
QUIRK SILVA [inaudible]
RODRIGUEZ [inaudible]
COR.
WE HAVE A CORPSMAN I'M GONNA
MOVE QUICKLY OVER THE CONSENT
CALENDAR WE HAVE ONE ITEM I
WOULD.
WE ARE FIRST IN A SECOND --
MASSACRE PLEASE CALL THE ROLL.
MOTIONS TO PASTA CONSENT
CALENDAR SANTIAGO HI.
SANTIAGO AYE OBERNOLTE.
OBERNOLTE I BURN A HOLE THAT.
BUT A WHOLE Và I BONTA.
BRO.
BRO ON AYE CERVANTES. SEVEN TO
SIGN EDUARDO GARCIA [inaudible]
HOLDEN.
HOLDEN I LOW.
PATTERSON.
PATTERSON AYE COOK SILVA.
RODRIGUEZ.
RODRIGUEZ SIGH [inaudible] EIGHT
ZERO MEASURED OUT.
THANK YOU NOW WE'RE GOING OVER --
TO THE ONE ITEM WE HAD AB.
ONE SIXTY TWO AND WELL THE FIRST.
YEAH THE SECOND ONE REMINDED THE
CHAIRS AS A NON AND AND EASY I'M
SAYING THAT NOT FOR EMPHASIS BUT
FOR CLARITY -- AND MAP SECRETARY.
MOTIONS TO PASS SANTIAGO I
SANTIAGO ONLINE OBERNOLTE.
OBERNOLTE AYE BUT A WHOLE THAT.
BUT A WHOLE LOT I BONTA
[inaudible]
IT.
JUST BECAUSE YOU KNOW YOU'RE
VOTING ON IT WASN'T A CONSENT
COUNTERS -- AB ONE SIXTY TWO
TWENTY ONE TO NOT VOTING.
BRO
BRO I CERVANTES. SEVEN TO SIGN
EDUARDO GARCIA [inaudible]
HOLDEN.
HOLDEN I LOW.
PATTERSON.
PATTERSON AYE QUIRK SILVA.
QUIRK SILVA I RODRIGUEZ.
BUT IT IS NOT VOTING. EIGHT ZERO
MEASURES OUT FOR THE SAKE OF THE
MEMBERS WHO JUST ARRIVING WANT
TO GO THROUGH THE CONSENT
COUNTERS THAT YOU CAN GO ABOUT
YOUR DAY'S BUSINESS -- MEN
SECTOR.
AB.
ONE ZERO SEVEN NINE BUSH'S TO
PASTA CONSENT BONTA [inaudible]
BONTA I EDUARDO GARCIA
[inaudible]
HELLO [inaudible]
QUIRK SILVA [inaudible]
SILVA AYE.
NOW WE'RE JUST WAITING FOR THE
ABSENT MEMBERS [inaudible]
YEAH. ONE OF THEM.
I GUESS IT DOESN'T MATTER YEAH
[inaudible]
YEAH
[inaudible]
NO REAL.
I WOULD THAT WE CAN CURRENT
MEANS NOW JERK