BILL NUMBER: AB 1477 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 7, 2001
AMENDED IN SENATE JULY 17, 2001
INTRODUCED BY Assembly Member Hertzberg
FEBRUARY 23, 2001
An act to add Article 6.6 (commencing with Section 53126) to
Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code,
and to amend Sections 41020, 41030, 41031, 41032, 41135, and 41136
of, and to add Sections 41033, 41135.5, and 41136.5 to, the Revenue
and Taxation Code, relating to public safety services.
LEGISLATIVE COUNSEL'S DIGEST
AB 1477, as amended, Hertzberg. State nonemergency telephone
number system.
Existing law requires local public safety agencies to maintain, in
addition to a "911" emergency telephone number, a separate number
for nonemergency calls. Existing law also sets forth the duties of
the Division of Telecommunications of the Department of General
Services in providing management oversight of statewide
telecommunications systems developments, among other things.
This bill would authorize every local public agency, as defined,
to establish a nonemergency telephone system and would designate the
digits "311" as the primary nonemergency telephone number within the
system. It would require the Division of Telecommunications of the
Department of General Services to, among other things, aid local
public agencies in the formulation of concepts, methods, and
procedures that will improve the operation of systems authorized by
this bill and that will increase cooperation among public agencies.
It would authorize the Attorney General, on behalf of the Division of
Telecommunications or on his or her own initiative, to commence
judicial proceedings to enforce compliance by any local public agency
or public utility providing telephone service with the provisions of
this bill.
Existing law imposes a surcharge on amounts paid by every person
in the state for intrastate telephone communication service in this
state to fund the "911" emergency telephone number system.
This bill would increase this surcharge imposed on amounts paid by
every person who subscribes to intrastate telephone communication
service within the jurisdiction of a local public agency that elects
to implement a "311" nonemergency telephone system to fund the
Nonemergency Telephone System established pursuant to this bill. It
would require the Department of General Services to determine
annually, on or before September 1, each increase needed in the
surcharge rate that it estimates will produce sufficient revenue to
fund the current fiscal year's "311" costs for each local public
agency with an approved application for a "311" nonemergency
telephone system.
This bill would incorporate additional changes to Section 41020 of
the Revenue and Taxation Code proposed by SB 896, to be operative if
SB 896 and this bill are both enacted and become effective on or
before January 1, 2002, and this bill is enacted last.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares all of the
following:
(a) The "911" emergency response system is inundated by calls from
people calling to complain about nonemergency situations.
(b) Estimates of nonemergency calls to the "911" system range from
70 to 90 percent of the total number of calls.
(c) These calls delay the delivery of emergency services.
(d) The availability of a "311" nonemergency telephone number will
reduce the number of these calls to the "911" system, thus improving
emergency response times.
SEC. 2. Article 6.6 (commencing with Section 53126) is added to
Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code,
to read:
Article 6.6. State Nonemergency Telephone System
53126. Every local public agency may establish a nonemergency
telephone system as provided in this article. The digits "311" shall
be the primary nonemergency telephone number within the system.
Nonemergency "311" telephone systems shall be designed to provide a
system similar to a "911" selective routing system, whereby the
location of the initial call is determined to provide a coordinated
uniform delivery system to meet the specified requirements of each
local jurisdiction. Every system shall be designed to allow the
handling of emergency calls by the "911" emergency telephone system.
53126.5. For purposes of this article, the following definitions
apply:
(a) "Division of Telecommunications" means the Division of
Telecommunications of the Department of General Services.
(b) "Local public agency" means a city, county, city and county,
and joint powers authority that provides a public safety answering
point (PSAP).
(c) "Nonemergency telephone system" means a system structured to
provide access to only public safety agencies such as police and
fire, or a system structured to provide access to public safety
agencies and to all other services provided by a
jurisdiction local public agency such as street
maintenance and animal control.
53127. The Division of Telecommunications shall aid local public
agencies in the formulation of concepts, methods, and procedures that
will improve the operation of systems authorized by this article and
increase cooperation among public agencies.
53127.5. Technical and operational standards for the development
of the coordinated "311" system shall be established, with the input
of local public agencies, and reviewed by the Division of
Telecommunications on or before January 1, 2003. Until January 1,
2006, a city or joint powers authority that provides a PSAP shall
have the exclusive authority to propose a "311" system. A city or
joint powers authority proposing a "311" system shall promptly notify
the affected county or counties and the Division of
Telecommunications of a proposal. If a city or joint powers
authority that provides a PSAP does not propose a "311" system by
January 1, 2006, a county may, using the local agency's existing
PSAP, establish a "311" nonemergency telephone system to serve those
entities for which there is no stated intent to provide a "311"
nonemergency telephone system. On or before July 1, 2005,
and each even-numbered year thereafter, the Division of
Telecommunications shall review, with the input of
system.
(c) The Division of Telecommunications shall periodically review,
with the input of local public agencies, and update technical
and operational standards for public agency systems.
53128. (a) The Division of Telecommunications shall review each
plan submitted by a local public agency to ensure that it conforms to
the minimum standards established pursuant to Section 53127.5. If
any plan does not comply, the Division of Telecommunications shall,
within 90 days of receipt of a plan, notify the submitting local
public agency of the plan's deficiencies in writing. A plan
determined by the Division of Telecommunications to be in conformance
with the minimum standards established pursuant to Section 53127.5
shall be approved by the division.
(b) Each local public agency that receives a notice of deficiency
from the Division of Telecommunications shall submit a final plan
within six months following the receipt of the identified
deficiencies. The final plan shall be submitted to the Division of
Telecommunications and shall identify all planning, implementation,
installation, and operating costs the local public agency feels
necessary to implement the system authorized by this article.
(c) The Division of Telecommunications shall monitor all
nonemergency "311" telephone systems to ensure that they comply with
minimal operational and technical standards as established by the
division. If any system does not comply, the Division of
Telecommunications shall notify in writing the local public agency
operating the system of its deficiencies. The local public agency
shall bring the system into compliance with the operational and
technical standards within 90 days of notice by the division.
Failure to comply within this time period shall subject the local
public agency to action by the Attorney General pursuant to Section
53129.
53129. The Attorney General may, on behalf of the Division of
Telecommunications or on his or her own initiative, commence judicial
proceedings to enforce compliance by any local public agency or
public utility providing telephone service with the provisions of
this article.
53129.5. No later than February 1, 2002, the Division of
Telecommunications shall notify each county
local public agency in the state of the availability of the
"311" nonemergency telephone system.
53129.7. Commercial Mobile Radio Service (CMRS) providers are
exempt from this article until January 1, 2006.
SEC. 3. Section 41020 of the Revenue and Taxation Code is amended
to read:
41020. (a) A surcharge is hereby imposed on amounts paid by every
person in the state for intrastate telephone communication service
in this state commencing on July 1, 1977.
The surcharge imposed shall be at the rate of one-half of 1
percent of the charges made for the services to and including
November 1, 1982, and at a rate fixed pursuant to Article
2 (commencing with Section 41030) thereafter.
(b) The surcharge shall be increased in order to fund the State
Nonemergency Telephone System established by Article 6.6 (commencing
with Section 53126) of Chapter 1 of Part 1 of Division 6 of Title 5
of the Government Code. The increase shall be imposed on amounts
paid by every person within the jurisdiction of a participating local
public agency, whose application for a "311" nonemergency
telephone system is filed plan for a "311" nonemergency
telephone system is submitted pursuant to subdivision (a) of
Section 53128 53127.5 of the Government
Code.
(c) The surcharge shall be paid by the service user as
hereinafter hereafter provided.
SEC. 3.5. Section 41020 of the Revenue and Taxation Code is
amended to read:
41020. (a) A surcharge is hereby imposed on amounts
paid by every person in the state for intrastate telephone
communication service in this state commencing on July 1, 1977. The
surcharge imposed shall be at the rate of one-half of 1 percent of
the charges made for such the services
to and including November 1, 1982, and thereafter at
such a rate as shall be fixed
pursuant to Article 2 of the chapter thereafter
(commencing with Section 41030) .
The
(b) The surcharge shall be increased in order to fund the State
Nonemergency Telephone System established by Article 6.6 (commencing
with Section 53126) of Chapter 1 of Part 1 of Division 6 of Title 5
of the Government Code. The increase shall be imposed on amounts
paid by every person within the jurisdiction of a participating local
public agency, whose plan for a "311" nonemergency telephone system
is submitted pursuant to subdivision (a) of Section 53127.5 of the
Government Code.
(c) The surcharge shall be paid by the service user as
hereinafter hereafter provided.
(d) In accordance with the Mobile Telecommunications Sourcing Act
(P.L. 106-252), which is incorporated herein by reference, the
surcharge imposed under this section does not apply to any charges
for mobile telecommunications services billed to a customer where
those services are provided, or deemed provided, to a customer whose
place of primary use is outside this state. Mobile telecommunications
services shall be deemed provided by a customer's home service
provider to the customer if those services are provided in a taxing
jurisdiction to the customer, and the charges for those services are
billed by or for the customer's home service provider.
(e) For purposes of this section:
(1) "Charges for mobile telecommunications services" means any
charge for, or associated with, the provision of commercial mobile
radio service, as defined in Section 20.3 of Title 47 of the Code of
Federal Regulations, as in effect on June 1, 1999, or any charge for,
or associated with, a service provided as an adjunct to a commercial
mobile radio service, that is billed to the customer by or for the
customer's home service provider, regardless of whether individual
transmissions originate or terminate within the licensed service area
of the home service provider.
(2) "Customer" means (A) the person or entity that contracts with
the home service provider for mobile telecommunications services, or
(B) if the end user of mobile telecommunications services is not the
contracting party, the end user of the mobile telecommunications
service. This paragraph applies only for the purpose of determining
the place of primary use. The term "customer" does not include (A) a
reseller of mobile telecommunications service, or (B) a serving
carrier under an arrangement to serve the customer outside the home
service provider's licensed service area.
(3) "Home service provider" means the facilities-based carrier or
reseller with which the customer contracts for the provision of
mobile telecommunications services.
(4) "Licensed service area" means the geographic area in which the
home service provider is authorized by law or contract to provide
commercial mobile radio service to the customer.
(5) "Mobile telecommunications service" means commercial mobile
radio service, as defined in Section 20.3 of Title 47 of the Code of
Federal Regulations, as in effect on June 1, 1999.
(6) "Place of primary use" means the street address representative
of where the customer's use of the mobile telecommunications service
primarily occurs, that must be:
(A) The residential street address or the primary business street
address of the customer.
(B) Within the licensed service area of the home service provider.
(7) (A) "Reseller" means a provider who purchases
telecommunications services from another telecommunications service
provider and then resells the services, or uses the services as a
component part of, or integrates the purchased services into, a
mobile telecommunications service.
(B) "Reseller" does not include a serving carrier with which a
home service provider arranges for the services to its customers
outside the home service provider's licensed service area.
(8) "Serving carrier" means a facilities-based carrier providing
mobile telecommunications service to a customer outside a home
service provider's or reseller's licensed area.
(9) "Taxing jurisdiction" means any of the several states, the
District of Columbia, or any territory or possession of the United
States, any municipality, city, county, township, parish,
transportation district, or assessment jurisdiction, or any other
political subdivision within the territorial limits of the United
States with the authority to impose a tax, charge, or fee.
SEC. 4. Section 41030 of the Revenue and Taxation Code is amended
to read:
41030. (a) The Department of General Services shall determine
annually, on or before September 1, a surcharge rate that it
estimates will produce sufficient revenue to fund the current fiscal
year's "911" costs. The surcharge rate shall be determined by
dividing the costs, including incremental costs, that the Department
of General Services estimates for the current fiscal year of "911"
plans approved pursuant to Section 53115 of the Government Code, less
the available balance in the State Emergency Telephone Number
Account in the General Fund, by its estimate of the charges for
intrastate telephone communications services to which the surcharge
will apply for the period of November 1 of the current calendar year
to October 31 of the next succeeding calendar year, but in no event
shall the surcharge rate in any year be greater than three-quarters
of 1 percent nor less than one-half of 1 percent.
(b) The Department of General Services shall determine annually,
on or before September 1, each increase needed in the surcharge rate
that it estimates will produce sufficient revenue to fund the current
fiscal year's "311" costs for each local public agency whose
application for a "311" nonemergency telephone system is approved
pursuant to Section 53128 of the Government Code. The increases
shall be determined by dividing the costs, including incremental
costs, that the Department of General Services estimates for the
current fiscal year for "311" plans approved pursuant to Section
53128 of the Government Code, less the available balance in the State
Nonemergency Telephone Number Account in the General Fund, by its
estimate of the charges for intrastate telephone communications
services within the local public agencies to which the surcharge will
apply for the period of November 1 of the current calendar year to
October 31 of the next succeeding calendar year. The increase in the
surcharge rate pursuant to this subdivision shall not exceed
one-quarter of 1 percent and shall be applied uniformly to amounts
paid by every person who subscribes to intrastate telephone
communication service within the jurisdiction of those local public
agencies that elect to implement a "311" nonemergency telephone
system consistent with the standards established by the Division of
Telecommunications pursuant to Section 53127.5 of the Government
Code. No increase in the surcharge rate made pursuant to this
subdivision shall be considered in determining whether the surcharge
rate described in subdivision (a) is greater than three-quarters of 1
percent.
SEC. 5. Section 41031 of the Revenue and Taxation Code is amended
to read:
41031. The Department of General Services shall make its
determination of the surcharge rate and the increases required by
subdivision (b) of Section 41030 each year no later than September 1
and shall notify the board of the new rate, which shall be fixed by
the board to be effective with respect to charges made for intrastate
telephone communication services on or after November 1 of each
year.
SEC. 6. Section 41032 of the Revenue and Taxation Code is amended
to read:
41032. Immediately upon notification by the Department of General
Services and fixing the surcharge rate and the increases required by
subdivision (b) of Section 41030, the board shall each year no later
than September 15 publish in its minutes the new rate and the
increases, and it shall notify by mail every service supplier
registered with it of the new rate.
SEC. 7. Section 41033 is added to the Revenue and Taxation Code,
to read:
41033. The funds generated by the surcharge rate imposed by
subdivision (a) of Section 41030 shall not be used to fund "311"
nonemergency telephone systems nor shall the increases required by
subdivision (b) of Section 41030 be used to fund the "911" emergency
telephone system.
SEC. 8. Section 41135 of the Revenue and Taxation Code is amended
to read:
41135. All amounts required to be paid to the state under this
part relating to the State Emergency Telephone System 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.
SEC. 9. Section 41135.5 is added to the Revenue and Taxation Code,
to read:
41135.5. All amounts required to be paid to the state under this
part relating to the State Nonemergency Telephone System 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
transit the payments to the State Treasurer to be deposited in the
State Treasury to the credit of the State Nonemergency Telephone
Number Account in the General Fund, which is hereby created.
SEC. 10. Section 41136 of the Revenue and Taxation Code is amended
to read:
41136. Funds in the State Emergency Telephone Number Account
shall, when appropriated by the Legislature, be spent solely for the
following purposes relating to the State Emergency Telephone System:
(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.
SEC. 11. Section 41136.5 is added to the Revenue and Taxation
Code, to read:
41136.5. Funds in the State Nonemergency Telephone Number
Account, when appropriated by the Legislature, shall be spent solely
for the following purposes relating to the State Nonemergency
Telephone System:
(a) To pay refunds authorized by this part.
(b) To pay the State Board of Equalization for the cost of
administration of "311" nonemergency telephone number systems.
(c) To pay the Department of General Services for its costs to
establish technical and operational standards for "311" nonemergency
telephone number systems.
(d) To pay the Department of General Services for its costs of the
administration of "311" nonemergency telephone number systems.
(e) 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 public agencies, in
connection with the "311" nonemergency telephone number systems:
(1) A basic system, including the countywide "311" nonemergency
telephone number systems.
(2) A basic system with telephone central office identification.
(3) A system employing automatic call routing.
(4) Approved incremental costs.
(f) To pay claims of local public agencies for approved
incremental costs that have not been previously compensated for by
another governmental agency.
(g) To pay bills submitted to the Department of General Services
by service suppliers for incremental costs associated with collection
of the increased surcharge provided for in subdivision (b) of
Section 41020 that are not in conformance with the regular billing
procedures of a particular service supplier.
SEC. 12. Section 3.5 of this bill incorporates amendments to
Section 41020 of the Revenue and Taxation Code proposed by both this
bill and SB 896. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2002, (2)
each bill amends Section 41020 of the Revenue and Taxation Code, and
(3) this bill is enacted after SB 896, in which case Section 3 of
this bill shall not become operative.