BILL NUMBER: AB 2283 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 23, 2004
AMENDED IN SENATE AUGUST 17, 2004
AMENDED IN SENATE JULY 19, 2004
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)
(Coauthors: Assembly Members Shirley Horton, Lieber, and Wiggins)
(Coauthors: Senators Alpert and Romero)
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,
relating to telecommunications.
LEGISLATIVE COUNSEL'S DIGEST
AB 2283, as amended, Chu. "211" 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 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 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 designate the California Health and Human Services
Agency as the "211" lead entity with prescribed responsibilities to
assist in implementation of a "211" telephone dialing system
throughout the state. The bill would 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 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 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. The bill would require
the lead entity to establish a "211" advisory committee to advise the
lead entity in its planning functions and in the development of a
grant-making process for allocating federal and state funds.
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. 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 Health and Social Services Telephone
System
53128. (a) Information and referral providers that use the
abbreviated telephone 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 telephone
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
evaluating requests for and authorizing the use of the "211"
abbreviated telephone dialing code in a specified area of the state.
The Public Utilities Commission may work with 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" telephone dialing for access to social services.
53128.1. As used in this article, the following terms have the
following meanings:
(a) "Agency" means the California Health and Human Services
Agency.
(b) "Social services" includes health and human services that
ensure the health and well-being of all Californians and services
designed to provide relief or assistance after a natural or
nonnatural disaster.
53128.2. (a) The agency, in order to assist in the implementation
of a "211" abbreviated telephone 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) 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) 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" telephone 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" telephone 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
telephone 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 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 agency shall require the "211" lead
entity to prepare and submit to the 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.
(g) The lead entity shall establish a "211" advisory committee to
advise the lead entity in its planning functions, pursuant to
subdivision (a), and to advise the lead entity in the development of
a grant-making process for allocating federal and state funds,
pursuant to subdivision (c). The advisory committee may consist of
representatives from the following:
(1) A comprehensive information and referral provider.
(2) A specialized information and referral provider.
(3) A disability services provider.
(4) Organizations that provide funding to health and human service
providers.
(5) Community-based organizations, including human service
providers.
(6) The Governor's Office on Service and Volunteerism.
(7) The California Health and Human Services Agency.
(8) Organizations representing mental health and health care
professionals.
(h) Members of the "211" advisory committee shall serve without
compensation.
SEC. 2. It is the intent of the Legislature that this act
accomplish all of the following:
(a) Facilitate statewide availability of information and referral
services for health and social services through the "211" abbreviated
telephone dialing code, including those services necessary for
emergency response to natural or other disasters.
(b) Put in place the necessary administrative infrastructure to
assure leadership and responsibility for statewide planning and
coordinating functions.
(c) Comply with federal funding opportunities, including Homeland
Security funds that have been made available for the "211" system and
potential future funding through the proposed "Calling for 2-1-1 Act
of 2003" (S.1630 and H.R. 3111).
(d) Incorporate the "211" abbreviated telephone dialing system
into the statewide homeland security infrastructure to provide the
public access to critical information without overloading or tying up
the "911" emergency telephone dialing system.
(e) Establish a lead entity for the state that recognizes and
seeks to incorporate in its planning, coordination, and
implementation of a "211" abbreviated telephone dialing system, the
existing information and referral infrastructure, specifically
including local efforts of designated "211" service providers and
their sources of funding.
(f) Enable the state to utilize the existing statewide "211"
abbreviated telephone dialing system and the existing information and
referral infrastructure to provide access to state information or
services as a more effective and efficient solution to the
proliferation of separate hotlines and 800 dialing numbers.