2005 California Revenue and Taxation Code Sections 41135-41142 Article 2. Disposition of Proceeds

REVENUE AND TAXATION CODE
SECTION 41135-41142

41135.  All amounts required to be paid to the state under this part
shall be paid to the board in the form of remittances payable to the
State Board of Equalization of the State of California.  The board
shall transmit the payments to the State Treasurer to be deposited in
the State Treasury to the credit of the State Emergency Telephone
Number Account in the General Fund, which is hereby created.
41136.  Funds in the State Emergency Telephone Number Account shall,
when appropriated by the Legislature, be spent solely for the
following purposes:
   (a) To pay refunds authorized by this part.
   (b) To pay the State Board of Equalization for the cost of the
administration of this part.
   (c) To pay the Department of General Services for its costs in
administration of the "911" emergency telephone number system.
   (d) To pay bills submitted to the Department of General Services
by service suppliers or communications equipment companies for the
installation of, and ongoing expenses for, the following
communications services supplied to local agencies in connection with
the "911" emergency phone number system:
   (1) A basic system.
   (2) A basic system with telephone central office identification.
   (3) A system employing automatic call routing.
   (4) Approved incremental costs.
   (e) To pay claims of local agencies for approved incremental
costs, not previously compensated for by another governmental agency.
   (f) To pay claims of local agencies for incremental costs and
amounts, not previously compensated for by another governmental
agency, incurred prior to the effective date of this part, for the
installation and ongoing expenses for the following communication
services supplied in connection with the "911" emergency phone number
system:
   (1) A basic system.
   (2) A basic system with telephone central office identification.
   (3) A system employing automatic call routing.
   (4) Approved incremental costs.  Incremental costs shall not be
allowed unless the costs are concurred in by the Division of
Telecommunications of the Department of General Services.
   (g) To pay the Division of Telecommunications of the Department of
General Services for the costs associated with the pilot program
authorized by Article 6.5 (commencing with Section 53125) of Chapter
1 of Part 1 of Division 2 of Title 5 of the Government Code.
41137.  The Department of General Services shall pay, from funds
appropriated from the State Emergency Telephone Number Account by the
Legislature, as provided in Section 41138, bills submitted by
service suppliers or communications equipment companies for the
installation and ongoing costs of the following communication
services provided local agencies by service suppliers in connection
with the "911" emergency telephone number system:
   (a) A basic system.
   (b) A basic system with telephone central office identification.
   (c) A system employing automatic call routing.
   (d) Approved incremental costs that have been concurred in by the
Communications Division.
41137.1.  The Department of General Services shall pay, from funds
appropriated from the State Emergency Telephone Number Account by the
Legislature, as provided in Section 41138, claims submitted by local
agencies for approved incremental costs and for the cost of
preparation of final plans submitted to the Communications Division
for approval on or before October 1, 1978, as provided in Section
53115 of the Government Code.
41138.  (a) It is the intent of the Legislature that the
reimbursement rates for "911" emergency telephone number equipment
shall not exceed specified amounts negotiated with each interested
supplier and approved by the department.  The department shall
negotiate supplier pricing to ensure cost effectiveness and the best
value for the "911" emergency telephone number system.  The
department shall pay those bills as provided in Section 41137 only
under the following conditions:
   (1) The department shall have received the local agency's "911"
emergency telephone number system plan by July 1 of the prior fiscal
year and approved the plan by October 1 of the prior fiscal year.
   (2) The Legislature has appropriated in the Budget Bill an amount
sufficient to pay those bills.
   (3) The department has reviewed and approved each line item of a
request for funding to ensure the necessity of the proposed equipment
or services and the eligibility for reimbursement.
   (4) The amounts to be paid do not exceed the pricing submitted by
the supplier and approved by the department.  Extraordinary
circumstances may warrant spending in excess of the established rate,
but shall be preapproved by the department.  In determining the
reimbursement rate, the department shall utilize the approved pricing
submitted by the supplier providing the equipment or service.
   (b) Nothing in this section shall be construed to limit an agency'
s ability to select a supplier or procure telecommunications
equipment as long as the supplier's pricing is preapproved by the
department.  Agencies shall be encouraged to procure equipment on a
competitive basis.  Any amount in excess of the pricing approved by
the department shall not be reimbursed.
41139.  From funds appropriated by the Legislature from the
Emergency Telephone Number Account, the department shall begin paying
such bills as provided in Sections 41137, 41137.1, and 41138 in the
1977-78 fiscal year for plans submitted by local agencies by July 1,
1976 to the department which the department has approved.
41140.  The Department of General Service shall reimburse local
agencies, from funds appropriated from the Emergency Telephone Number
Account by the Legislature, for amounts not previously compensated
for by another governmental agency, which have been paid by such
agencies for approved incremental costs or to service suppliers or
communication equipment companies for the following communications
services supplied in connection with the "911" emergency phone
number, provided such local agency plans had been approved by the
department:
   (1) A basic system.
   (2) A basic system with telephone central office identification.
   (3) A system employing automatic call routing.
   (4) Approved incremental costs.
41141.  Claims for reimbursement shall be submitted by local
agencies to the Communications Division in the Department of General
Services, which shall determine payment eligibility and shall reduce
the claim for charges which exceed the approved incremental costs,
approved contract amounts, or the established tariff rates for such
costs.  No claim shall be paid until funds are appropriated by the
Legislature.
41142.  Notwithstanding any other provision of this article, if the
Legislature fails to appropriate an amount sufficient to pay bills
submitted to the Department of General Services by service suppliers
or communications equipment companies for the installation and
ongoing communications services supplied local agencies in connection
with the "911" emergency phone number system, and to pay claims of
local agencies which, prior to the effective date of this part, paid
amounts to service suppliers or communications equipment companies
for the installation and ongoing expenses in connection with the "911"
emergency phone number system, the obligation of service suppliers
and local agencies to provide "911" emergency telephone service shall
terminate and such service shall not again be required until the
Legislature has appropriated an amount sufficient to pay such bills
or claims.  Nothing in this part shall preclude local agencies from
purchasing or acquiring any communication equipment from companies
other than the telephone service suppliers.


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