BILL NUMBER: AB 2283 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Chu
(Principal coauthor: Assembly Member Ridley-Thomas)
FEBRUARY 19, 2004
An act to add Article 6.7 (commencing with section 53128) to
Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code,
and to add Section 2889.7 to the Public Utilities Code, relating to
the community social services telephone system.
LEGISLATIVE COUNSEL'S DIGEST
AB 2283, as introduced, Chu. State community social services
telephone number system.
Existing law requires local public safety agencies to maintain a
"911" emergency telephone number and among other things, sets forth
the duties of the Division of Telecommunications of the Department of
General Services in providing management oversight of statewide
telecommunications systems developments. Existing law authorizes
every local public agency, as defined, to establish a nonemergency
"311" telephone system and authorizes the Division of
Telecommunications to, among other things, aid local public agencies
in the formulation of concepts, methods, and procedures that will
improve the operation of "311" systems and to increase cooperation
among public agencies.
Under existing law, the Federal Communications Commission has
designated "211" to be the national abbreviated dialing code to be
used to access nonemergency community information and referral
providers to enable a caller to obtain information concerning social
services not currently addressed by either the "911" or "311" system.
Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including telephone corporations.
In Decision 03-02-029, the commission established guidelines and
procedures whereby the commission can certify information and
referral providers as eligible to purchase network telephone service
that will enable them to receive calls from those persons who dial
"211" and required all local exchange carriers to provide "211" call
origination services at reasonable rates in those territories that
will be serviced by "211" information and referral providers.
Decision 03-02-029 does not address the situation of wireless
carriers.
This bill would dedicate the digits "211" as the community social
services telephone number system, would make the commission
responsible for the establishment of the system and the selection of
2-1-1 providers, including the allocation of federal funds made
available for the system, and would authorize the Division of
Telecommunications, in consultation with the commission, to aid
information and referral providers, local exchange carriers, and
local public agencies to improve operation of a "211" telephone
system and to increase cooperation among information and referral
providers, local exchange carriers, and public agencies. The bill
would require the commission, by rule or order, to require all
telephone corporations and all providers of mobile telephony
services, as defined, to provide access to subscribers and end users
to the "211" community social services telephone number system. The
bill would require the commission to establish an administrative
committee to advise the commission regarding the development,
implementation, and administration of the system, including the
allocation of federal funding.
Existing law makes any public utility, including a telephone
corporation, and any corporation other than a public utility, that
violates the Public Utilities Act, or who fails to comply with any
part of any order, decision, rule, direction, demand, or requirement
of the commission, guilty of a crime.
Because this bill would require a rule or decision of the
commission to implement its requirements, a violation of these
provisions would be a crime and the bill would thereby impose a
state-mandated local program by creating a new crime.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 6.7 (commencing with Section 53128) is added to
Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code,
to read:
Article 6.7. Community Social Services Telephone System
53128. (a) The digits "211" shall be dedicated as the community
social services telephone number system. The "211" community social
services telephone system shall be designed to provide a system
similar to a "911" or "311" 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.
(b) The Public Utilities Commission shall, pursuant to Section
2889.7 of the Public Utilities Code, be responsible for the selection
of 2-1-1 providers. The Division of Telecommunications of the
Department of General Services, in consultation with the Public
Utilities Commission, may aid information and referral providers,
local exchange carriers, and local public agencies to improve
operation of a "211" telephone system and to increase cooperation
among information and referral providers, local exchange carriers,
and public agencies.
SEC. 2. Section 2889.7 is added to the Public Utilities Code, to
read:
2889.7. (a) The Public Utilities Commission shall establish a
"211" community social services telephone system and is responsible
for selecting local 2-1-1 providers.
(b) The commission shall establish the 2-1-1 administrative
committee, which is an advisory board to advise the commission
regarding the development, implementation, and administration of the
"211" community social services telephone system, including the
allocation and management of federal funding for the system, and do
each of the following:
(1) The commission shall establish the number of, and
qualifications for, persons to serve as members of the 2-1-1
administrative committee, and shall appoint the members of the board.
In determining the qualifications of persons who will serve as
members of the 2-1-1 administrative committee, the commission shall
consider the purpose of the program, and shall attempt to achieve
balanced public participation for the board. The membership of the
2-1-1 administrative committee shall reflect, to the extent possible,
and consistent with existing law, the ethnic and gender diversity of
the state.
(2) The 2-1-1 administrative committee shall determine, subject to
approval by the commission, the time, location, and number of
meetings for the board.
(3) A majority of the number of members of the 2-1-1
administrative committee constitutes a quorum.
(4) The 2-1-1 administrative committee cannot act at a meeting
without the presence of a quorum.
(5) The affirmative vote of a majority of those members present at
the meeting of the 2-1-1 administrative committee is necessary in
order to pass any motion, resolution, or measure.
(6) The commission shall determine whether the 2-1-1
administrative committee members shall receive expense reimbursement
pursuant to Section 19820 of the Government Code and a per diem
allowance, as specified in Section 11564.5 of the Government Code, or
as established by the commission. Each member of the 2-1-1
administrative committee who is not a commission or public utility
employee, or who is not otherwise compensated by an employer for
service on the board, shall be entitled to make a claim for and to
receive a per diem allowance, if authorized by the commission. Each
member of a board who is not a public utility employee, or who is not
otherwise reimbursed by an employer for expenses incurred when
serving on the board, shall be entitled to make a claim for and to
receive expense reimbursement, if authorized by the commission. The
commission shall allow all reasonable expense and per diem claims.
The payments shall be subject to the availability of funds for that
purpose. The claims shall be filed by the 2-1-1 administrative
committee with the commission.
(c) The commission shall allocate federal funds made available for
the development, implementation, and administration of a "211"
community social services telephone system, so as to accomplish each
of the following:
(1) Maximize the federal funds available to local 2-1-1 providers.
(2) Consider population and poverty rates when allocating funds.
(3) Consider developmental requirements, in addition to
operational requirements, when initially allocating funds that are
made available to local 2-1-1 providers.
(4) Include a reasonable administration fee sufficient to support
the activities of the 2-1-1 administrative committee.
(5) Ensure that any fund matching requirement is met.
(d) The commission shall, by rulemaking, quasi-legislative or
other appropriate proceeding, require all telephone corporations and
providers of mobile telephony services to provide access for
subscribers and end users to the "211" community social services
telephone number system.
(e) For purposes of this section, "mobile telephony services"
means commercially available interconnected mobile phone services
that provide access to the public switched telephone network (PSTN)
via mobile communication devices employing radiowave technology to
transmit calls, including cellular radiotelephone, broadband Personal
Communications Services (PCS), and digital Specialized Mobile Radio
(SMR). "Mobile telephony services" does not include mobile satellite
services or mobile data services used exclusively for the delivery
of nonvoice information to a mobile device.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.