BILL NUMBER: AB 2283 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 6, 2004
AMENDED IN ASSEMBLY MAY 4, 2004
AMENDED IN ASSEMBLY APRIL 22, 2004
AMENDED IN ASSEMBLY APRIL 1, 2004
INTRODUCED BY Assembly Member Chu
(Principal coauthor: Assembly Member Ridley-Thomas)
(Coauthor: Assembly Member Wiggins)
(Coauthor: Senator Alpert)
FEBRUARY 19, 2004
An act to add Article 6.7 (commencing with section
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
telecommunications.
LEGISLATIVE COUNSEL'S DIGEST
AB 2283, as amended, Chu. "211" telephone number system.
(1) Existing
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 require information and referral providers that
use the abbreviated dialing code "211," to operate the system in a
manner that is consistent with the applicable orders of the Federal
Communications Commission and the commission, would provide immunity
from liability in a civil action for injuries or loss to persons or
property as a result of certain acts or omissions of an authorized
"211" provider or its employees, directors, officers, or agents,
would make the commission responsible for the selection of "211"
providers, 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, and access to, a "211" telephone dialing system
and to increase cooperation among information and referral
providers, local exchange carriers, and public agencies. The bill
would authorize all state agencies and other official state
organizations to provide reasonable assistance and cooperation in
carrying out the purposes of the bill, including, but not limited to,
promoting the use of "211" dialing for access to social services.
The bill would authorize the commission to designate a
designate the California Health and Human Services
Agency as the "211" lead entity with prescribed
responsibilities and characteristics, upon determining that
this will to assist in implementation of a "211"
telephone dialing system throughout the state. The bill would
require a lead entity to allocate federal funds made
available for the development, implementation, and administration of
a "211" dialing system to accomplish specified goals
authorize the agency to delegate the functions of the lead entity to
another entity, if the decisions and actions of the other entity are
reviewed and approved by the agency. If the agency delegates the
lead entity functions to another entity, the allocation of federal
and state funds made available for the development, implementation,
and administration of a "211" dialing system would be required to be
reviewed by the agency .
The bill would require that if the commission designates
a lead entity, the commission provide that if the
agency delegates the functions of the lead entity to another entity,
the agency would be required to establish a fund and require
separate accounting for any federal or state funds made available to
the lead entity, and require that the funds be spent consistent with
federal and state law. The lead entity would be required to report
certain information to the commission agency
by December 31, 2005, and annually thereafter. The bill would
prohibit a lead entity from expending more than 5% of any state funds
for administrative expenses and would prohibit funding of a lead
entity by additional ratepayer surcharges or the General
Fund . The bill would authorize the commission to
adopt a plan applicable to regulated telecommunications carriers for
implementing a "211" dialing system throughout this state.
(2) 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.
(3) 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. The bill would require the
lead entity to establish a "211" advisory committee to advise the
lead entity in its planning functions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
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) Information and referral providers that use the
abbreviated dialing code "211," shall operate the system in a manner
that is consistent with the applicable orders of the Federal
Communications Commission and the Public Utilities Commission.
(b) Except as specified in subdivision (c), a provider of
information and referral services that has been authorized by the
Public Utilities Commission to use the "211" abbreviated dialing
code, and its employees, directors, officers, and agents are not
liable to any person in a civil action for injuries or loss to
persons or property, as a result of an act or omission of the
authorized "211" provider or its employees, directors, officers, or
agents, in connection with any of the following:
(1) Developing, adopting, implementing, maintaining, or operating
a "211" system.
(2) Making "211" available for use by the public.
(3) Providing "211" services.
(c) Subdivision (b) is not applicable to injuries or loss
resulting from the willful or wanton misconduct of the "211" service
provider or its employees, directors, officers, or agents.
(d) The Public Utilities Commission shall be responsible for the
selection of "211" 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, and access to, a "211" telephone dialing system and to
increase cooperation among information and referral providers, local
exchange carriers, and public agencies.
(e) All state agencies and other official state organizations may
provide reasonable assistance and cooperation in carrying out the
purposes of this article, including, but not limited to, promoting
the use of "211" dialing for access to social services.
SEC. 2. Section 2889.7 is added to the Public Utilities Code, to
read:
2889.7. (a) If the commission determines that a lead entity will
assist in the implementation of a 211 telephone dialing system
throughout the state, the commission may designate a "211" lead
53128.1. As used in this article, "agency" means the California
Health and Human Services Agency.
53128.2. (a) The agency, in order to assist in the implementation
of a "211" abbreviated dialing system throughout the state, shall be
the "211" lead entity responsible for all of the following:
(1) Performing planning, administrative, fiscal, and reporting
functions required under any state and federal "211" funding program.
(2) Developing a plan for implementation of "211" services
throughout the state.
(3) Allocating "211" funds to entities in accordance with
applicable law.
(4) Reporting activities and progress as requested by the
Legislature or the commission.
(b) In designating a lead entity pursuant to subdivision (a), the
commission may consider whether the "211" lead entity conforms, to
the extent feasible, to the following:
(b) The agency may delegate the functions of the lead entity to
another entity, if the decisions and actions of the other entity are
reviewed and approved by the agency. In delegating lead entity
functions, the agency may consider whether the delegated "211" lead
entity conforms, to the extent feasible, to all of the following:
(1) Consists of representatives from different geographic areas of
the state.
(2) Demonstrates experience in providing leadership, education and
support to the information and referral industry in California.
(3) Demonstrates experience in statewide "211" planning and
implementation efforts in California.
(4) Demonstrates established relationships with information and
referral providers throughout California.
(5) Demonstrates the means to maintain established relationships
with information and referral providers throughout the state.
(6) Demonstrates established relationships with national
information and referral interests and established relationships with
information and referral interests in other states.
(7) Demonstrates the ability to provide training, technical
assistance, and service evaluation in adherence with information and
referral industry standards.
(8) Demonstrates substantial expertise with the operational
requirements of information and referral providers in California,
including, but not limited to, database resources, software
requirements, and referral practices.
(c) A "211" lead entity shall allocate federal
If the agency delegates the lead entity functions to another
entity pursuant to subdivision (b), the allocation of federal and
state funds made available for the development, implementation, and
administration of a "211" dialing system, shall be subject to review
and approval by the agency. A "211" lead entity shall allocate
federal and state funds made available for the development,
implementation, and administration of a "211" dialing system, to
accomplish each of the following:
(1) Maximize the federal funds available to local information and
referral providers using, or seeking to use, the "211" abbreviated
dialing code to provide comprehensive information and referral
services in California.
(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 "211" providers.
(4) Include a reasonable administration fee sufficient to support
the activities of the "211" lead entity.
(5) Ensure that any fund matching requirement is met.
(d) If the commission designates a lead entity pursuant
to subdivision (a), the commission agency delegates
lead entity functions to another entity pursuant to subdivision (b),
the agency shall establish a fund and require separate
accounting for any federal or state funds made available to the "211"
lead entity and shall require that those funds be spent consistent
with this section and the requirements of federal and state law. The
commission agency shall require the
"211" lead entity to prepare and submit to the commission
agency , on or before December 31, 2005, and
annually thereafter, a report on the fiscal status of the program
established pursuant to this section. The report shall include all
of the following:
(1) A statement of any funds made available to the "211" lead
entity through federal or state funding sources.
(2) An accounting of all federal or state funding allocated or
expended by the lead entity in the previous year.
(3) A summary of all requests for funding that were approved or
denied by the lead entity with an explanation why the particular
action was taken.
(e) The lead entity may not expend more than 5 percent of any
state funds made available for the administrative expenses of the
lead entity.
(f) A lead entity shall not be funded by additional ratepayer
surcharges or the General Fund.
(g) The commission may adopt a plan applicable to regulated
telecommunications carriers for implementing a "211" dialing system
throughout this state.
(g) The lead entity shall establish a "211" advisory committee to
advise the lead entity in its planning functions pursuant to
subdivision (a).
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.