BILL NUMBER: SB 1858 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 8, 2004
AMENDED IN SENATE APRIL 29, 2004
AMENDED IN SENATE MARCH 25, 2004
INTRODUCED BY Senator Dunn
FEBRUARY 20, 2004
An act to add Section 451.5 to the Public Utilities Code,
relating to the statewide emergency telephone system.
An act to amend Section 53071.5 of the Government Code, to amend
Sections 417.4 and 12021 of, to add Sections 12550, 12553, 12554,
12555, and 12556 to, to repeal Section 417.2 of, and to amend the
heading of Article 1 (commencing with Section 12550) of Chapter 6 of
Title 2 of Part 4 of, the Penal Code, relating to imitation firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 1858, as amended, Dunn. Telephone corporations:
statewide emergency telephone system Imitation
firearms .
Existing law defines "imitation firearm" which definition excludes
BB guns.
This bill would include a BB device within the definition of
"imitation firearm" for certain purposes.
Existing law generally regulates commerce in imitation firearms,
as specified. This bill would repeal, recast and add those
provisions, and expand certain exceptions to the scope of those
provisions regulating commerce of imitation firearms.
Existing law, subject to exceptions, makes it an offense to draw
or exhibit an imitation firearm in a threatening manner, as
specified.
This bill would expand the definition of imitation firearm for
purposes of that crime.
By expanding the scope of an existing crime, this bill would
impose a state-mandated local program.
This bill would provide that, subject to exceptions, any person
who alters a device that is not an imitation firearm with the result
that the device appears more like a firearm, as specified, is
punishable as a misdemeanor.
By creating a new crime, this bill would impose a state-mandated
local program.
This bill would provide that any manufacturer, importer, or
distributor of imitation firearms that fails to comply with any
applicable federal law or regulation governing the marking of a toy,
look-alike or imitation firearm as defined by federal law or
regulation is punishable as a misdemeanor.
By creating a new crime, this bill would impose a state-mandated
local program.
This bill would require an advisory label for imitation firearms,
as specified. The bill would provide that failure to provide the
advisory would make a manufacturer, importer, or distributor liable
for a civil fine, as specified.
This bill would, subject to exceptions, make it an offense to
openly display or expose any imitation firearm in a public place.
By creating a new crime, this bill would impose a state-mandated
local program.
The bill would make other conforming changes.
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.
Existing law generally sets forth the criteria governing the
statewide "911" emergency telephone system. Under existing law, the
Public Utilities Commission has regulatory authority over public
utilities, including telephone corporations, and authorizes the
commission to fix just and reasonable rates and charges, and requires
that all charges demanded or received by any public utility for any
product or commodity furnished or any service rendered be just and
reasonable.
This bill would require the commission to review the rates and
charges by telephone corporations for "911" emergency telephone
service to ensure that those rates and charges are just and
reasonable.
Vote: majority. Appropriation: no. Fiscal committee:
no yes . State-mandated local program:
no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 451.5 is added to the Public Utilities
SECTION 1. Section 53071.5 of the Government Code is amended to
read:
53071.5. By the enforcement of this section, the Legislature
occupies the whole field of regulation of the manufacture, sale, or
possession of imitation firearms, as defined in Section
417.2 12550 of the Penal Code, and that section
shall preempt and be exclusive of all regulations relating to the
manufacture, sale, or possession of imitation firearms, including
regulations governing the manufacture, sale, or possession of BB
guns devices and air rifles described
in subdivision (g) of Section 12001 of the Penal Code.
SEC. 2. Section 417.2 of the Penal Code is repealed.
417.2. (a) Any person who, for commercial purposes, purchases,
sells, manufactures, ships, transports, distributes, or receives, by
mail order or in any other manner, an imitation firearm except as
permitted by this section shall be liable for a civil fine in an
action brought by the city attorney of the city or the district
attorney of the county of not more than ten thousand dollars
($10,000) for each violation.
(b) The manufacture, purchase, sale, shipping, transport,
distribution, or receipt, by mail or in any other manner, of
imitation firearms is permitted if the device is manufactured,
purchased, sold, shipped, transported, distributed, or received for
any of the following purposes:
(1) Solely for export in interstate or foreign commerce.
(2) Solely for lawful use in theatrical productions, including
motion picture, television, and stage productions.
(3) For use in a certified or regulated athletic event or
competition.
(4) For use in military or civil defense activities.
(5) For public displays authorized by public or private schools.
(c) As used in this section, "imitation firearm" means a replica
of a firearm that is so substantially similar in physical properties
to an existing firearm as to lead a reasonable person to conclude
that the replica is a firearm.
(d) As used in this section, "imitation firearm" does not include
any of the following:
(1) A nonfiring collector's replica of an antique firearm that was
designed prior to 1898, is historically significant, and is offered
for sale in conjunction with a wall plaque or presentation case.
(2) A nonfiring collector's replica of a firearm that was designed
after 1898, is historically significant, was issued as a
commemorative by a nonprofit organization, and is offered for sale in
conjunction with a wall plaque or presentation case.
(3) A device, as defined in subdivision (g) of Section 12001.
(4) An imitation firearm where the coloration of the entire
exterior surface of the device is bright orange or bright green,
either singly or in combination.
(5) An instrument that expels a projectile, such as a BB or
pellet, not exceeding 6mm caliber, through the force of air pressure,
gas pressure, or spring action, or a spot marker gun.
SEC. 3. Section 417.4 of the Penal Code is amended to read:
417.4. Every person who, except in self-defense, draws or
exhibits an imitation firearm , as defined in Section 12550,
in a threatening manner against another in such a way as to
cause a reasonable person apprehension or fear of bodily harm is
guilty of a misdemeanor punishable by imprisonment in a county jail
for a term of not less than 30 days. For purposes of this
section, an imitation firearm means a replica of a firearm that is so
substantially similar in physical properties to an existing firearm
as to lead a reasonable person to conclude that the replica is a
firearm.
SEC. 4. Section 12021 of the Penal Code is amended to read:
12021. (a) (1) Any person who has been convicted of a felony
under the laws of the United States, of the State of California, or
any other state, government, or country, or of an offense enumerated
in subdivision (a), (b), or (d) of Section 12001.6, or who is
addicted to the use of any narcotic drug, who owns, purchases,
receives, or has in his or her possession or under his or her custody
or control any firearm is guilty of a felony.
(2) Any person who has two or more convictions for violating
paragraph (2) of subdivision (a) of Section 417 and who owns,
purchases, receives, or has in his or her possession or under his or
her custody or control any firearm is guilty of a felony.
(b) Notwithstanding subdivision (a), any person who has been
convicted of a felony or of an offense enumerated in Section 12001.6,
when that conviction results from certification by the juvenile
court for prosecution as an adult in an adult court under Section 707
of the Welfare and Institutions Code, who owns or has in his or her
possession or under his or her custody or control any firearm is
guilty of a felony.
(c) (1) Except as provided in subdivision (a) or paragraph (2) of
this subdivision, any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of
Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243,
244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.1,
417.2, 417.6, 422, 626.9, 646.9, 12023, or 12024,
subdivision (b) or (d) of Section 12034, Section 12040, subdivision
(b) of Section 12072, subdivision (a) of former Section 12100,
Section 12220, 12320, or 12590, or Section 8100, 8101, or 8103 of the
Welfare and Institutions Code, any firearm-related offense pursuant
to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, or
of the conduct punished in paragraph (3) of subdivision of Section
12072, and who, within 10 years of the conviction, owns, purchases,
receives, or has in his or her possession or under his or her custody
or control, any firearm is guilty of a public offense, which shall
be punishable by imprisonment in a county jail not exceeding one year
or in the state prison, by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine. The court, on
forms prescribed by the Department of Justice, shall notify the
department of persons subject to this subdivision. However, the
prohibition in this paragraph may be reduced, eliminated, or
conditioned as provided in paragraph (2) or (3).
(2) Any person employed as a peace officer described in Section
830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 whose employment or
livelihood is dependent on the ability to legally possess a firearm,
who is subject to the prohibition imposed by this subdivision because
of a conviction under Section 273.5, 273.6, or 646.9, may petition
the court only once for relief from this prohibition. The petition
shall be filed with the court in which the petitioner was sentenced.
If possible, the matter shall be heard before the same judge that
sentenced the petitioner. Upon filing the petition, the clerk of the
court shall set the hearing date and shall notify the petitioner and
the prosecuting attorney of the date of the hearing. Upon making
each of the following findings, the court may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
court deems appropriate:
(A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
(B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
(C) Finds that the petitioner does not have a previous conviction
under this subdivision no matter when the prior conviction occurred.
In making its decision, the court shall consider the petitioner's
continued employment, the interest of justice, any relevant evidence,
and the totality of the circumstances. The court shall require, as
a condition of granting relief from the prohibition under this
section, that the petitioner agree to participate in counseling as
deemed appropriate by the court. Relief from the prohibition shall
not relieve any other person or entity from any liability that might
otherwise be imposed. It is the intent of the Legislature that
courts exercise broad discretion in fashioning appropriate relief
under this paragraph in cases in which relief is warranted. However,
nothing in this paragraph shall be construed to require courts to
grant relief to any particular petitioner. It is the intent of the
Legislature to permit persons who were convicted of an offense
specified in Section 273.5, 273.6, or 646.9 to seek relief from the
prohibition imposed by this subdivision.
(3) Any person who is subject to the prohibition imposed by this
subdivision because of a conviction of an offense prior to that
offense being added to paragraph (1) may petition the court only once
for relief from this prohibition. The petition shall be filed with
the court in which the petitioner was sentenced. If possible, the
matter shall be heard before the same judge that sentenced the
petitioner. Upon filing the petition, the clerk of the court shall
set the hearing date and notify the petitioner and the prosecuting
attorney of the date of the hearing. Upon making each of the
following findings, the court may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
court deems appropriate:
(A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
(B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
(C) Finds that the petitioner does not have a previous conviction
under this subdivision, no matter when the prior conviction occurred.
In making its decision, the court may consider the interest of
justice, any relevant evidence, and the totality of the
circumstances. It is the intent of the Legislature that courts
exercise broad discretion in fashioning appropriate relief under this
paragraph in cases in which relief is warranted. However, nothing
in this paragraph shall be construed to require courts to grant
relief to any particular petitioner.
(4) Law enforcement officials who enforce the prohibition
specified in this subdivision against a person who has been granted
relief pursuant to paragraph (2) or (3) shall be immune from any
liability for false arrest arising from the enforcement of this
subdivision unless the person has in his or her possession a
certified copy of the court order that granted the person relief from
the prohibition. This immunity from liability shall not relieve any
person or entity from any other liability that might otherwise be
imposed.
(d) (1) Any person who, as an express condition of probation, is
prohibited or restricted from owning, possessing, controlling,
receiving, or purchasing a firearm and who owns, purchases, receives,
or has in his or her possession or under his or her custody or
control, any firearm but who is not subject to subdivision (a) or (c)
is guilty of a public offense, which shall be punishable by
imprisonment in a county jail not exceeding one year or in the state
prison, by a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine. The court, on forms provided by the
Department of Justice, shall notify the department of persons
subject to this subdivision. The notice shall include a copy of the
order of probation and a copy of any minute order or abstract
reflecting the order and conditions of probation.
(2) For any person who is subject to subdivision (a), (b), or (c),
the court shall, at the time judgment is imposed, provide on a form
supplied by the Department of Justice, a notice to the defendant
prohibited by this section from owning, purchasing, receiving,
possessing or having under his or her custody or control, any
firearm. The notice shall inform the defendant of the prohibition
regarding firearms and include a form to facilitate the transfer of
firearms. Failure to provide the notice shall not be a defense to a
violation of this section.
(e) Any person who (1) is alleged to have committed an offense
listed in subdivision (b) of Section 707 of the Welfare and
Institutions Code, an offense described in subdivision (b) of Section
1203.073, or any offense enumerated in paragraph (1) of subdivision
(c), or any offense described in subdivision (a) of Section 12025,
subdivision (a) of Section 12031, or subdivision (a) of Section
12034, and (2) is subsequently adjudged a ward of the juvenile court
within the meaning of Section 602 of the Welfare and Institutions
Code because the person committed an offense listed in subdivision
(b) of Section 707 of the Welfare and Institutions Code, an offense
described in subdivision (b) of Section 1203.073, or any offense
enumerated in paragraph (1) of subdivision (c) shall not own, or have
in his or her possession or under his or her custody or control, any
firearm until the age of 30 years. A violation of this subdivision
shall be punishable by imprisonment in a county jail not exceeding
one year or in the state prison, by a fine not exceeding one thousand
dollars ($1,000), or by both that imprisonment and fine. The
juvenile court, on forms prescribed by the Department of Justice,
shall notify the department of persons subject to this subdivision.
Notwithstanding any other law, the forms required to be submitted to
the department pursuant to this subdivision may be used to determine
eligibility to acquire a firearm.
(f) Subdivision (a) shall not apply to a person who has been
convicted of a felony under the laws of the United States unless
either of the following criteria is satisfied:
(1) Conviction of a like offense under California law can only
result in imposition of felony punishment.
(2) The defendant was sentenced to a federal correctional facility
for more than 30 days, or received a fine of more than one thousand
dollars ($1,000), or received both punishments.
(g) (1) Every person who purchases or receives, or attempts to
purchase or receive, a firearm knowing that he or she is prohibited
from doing so by a temporary restraining order or injunction issued
pursuant to Section 527.6 or 527.8 of the Code of Civil Procedure, a
protective order issued pursuant to Section 136.2 or 646.91 of this
code, or by a protective order issued pursuant to Section 15657.03 of
the Welfare and Institutions Code, is guilty of a public offense,
which shall be punishable by imprisonment in a county jail not
exceeding one year or in the state prison, by a fine not exceeding
one thousand dollars ($1,000), or by both that imprisonment and fine.
(2) Every person who owns or possesses a firearm knowing that he
or she is prohibited from doing so by a temporary restraining order
or injunction issued pursuant to Section 527.6 or 527.8 of the Code
of Civil Procedure, a protective order as defined in Section 6218 of
the Family Code, a protective order issued pursuant to Section 136.2
or 646.91 of this code, or by a protective order issued pursuant to
Section 15657.03 of the Welfare and Institutions Code, is guilty of a
public offense, which shall be punishable by imprisonment in a
county jail not exceeding one year, by a fine not exceeding one
thousand dollars ($1,000), or by both that imprisonment and fine.
(3) Judicial Council shall provide notice on all protective orders
that the respondent is prohibited from owning, possessing,
purchasing, receiving, or attempting to purchase or receive a firearm
while the protective order is in effect. The order shall also state
that the firearm shall be relinquished to the local law enforcement
agency for that jurisdiction or sold to a licensed gun dealer, and
that proof of surrender or sale shall be filed within a specified
time of receipt of the order. The order shall state the penalties
for a violation of the prohibition. The order shall also state on
its face the expiration date for relinquishment.
(4) If probation is granted upon conviction of a violation of this
subdivision, the court shall impose probation consistent with the
provisions of Section 1203.097.
(h) (1) A violation of subdivision (a), (b), (c), (d), or (e) is
justifiable where all of the following conditions are met:
(A) The person found the firearm or took the firearm from a person
who was committing a crime against him or her.
(B) The person possessed the firearm no longer than was necessary
to deliver or transport the firearm to a law enforcement agency for
that agency's disposition according to law.
(C) If the firearm was transported to a law enforcement agency, it
was transported in accordance with paragraph (18) of subdivision (a)
of Section 12026.2.
(D) If the firearm is being transported to a law enforcement
agency, the person transporting the firearm has given prior notice to
the law enforcement agency that he or she is transporting the
firearm to the law enforcement agency for disposition according to
law.
(2) Upon the trial for violating subdivision (a), (b), (c), (d),
or (e), the trier of fact shall determine whether the defendant was
acting within the provisions of the exemption created by this
subdivision.
(3) The defendant has the burden of proving by a preponderance of
the evidence that he or she comes within the provisions of the
exemption created by this subdivision.
(i) Subject to available funding, the Attorney General, working
with the State Judicial Council, the California Alliance Against
Domestic Violence, prosecutors, and law enforcement, probation, and
parole officers, shall develop a protocol for the implementation of
the provisions of this section. The protocol shall be designed to
facilitate the enforcement of restrictions on firearm ownership,
including provisions for giving notice to defendants who are
restricted, provisions for informing those defendants of the
procedures by which defendants shall dispose of firearms when
required to do so, provisions explaining how defendants shall provide
proof of the lawful disposition of firearms, and provisions
explaining how defendants may obtain possession of seized firearms
when legally permitted to do so pursuant to this section or any other
provision of law. The protocol shall be completed on or before
January 1, 2005.
SEC. 5. Article 1 (commencing with Section 12550) of Chapter 6 of
Title 2 of Part 4 of the Penal Code is amended to read:
Article 1. Minors BB Devices and
Imitation Firearms
SEC. 6. Section 12550 is added to the Penal Code, to read:
12550. As used in this article, the following definitions apply:
(a) "BB device" is defined in subdivision (g) of Section 12001.
(b) "Firearm" is defined in subdivision (b) of Section 12001.
(c) "Imitation firearm" means any BB device, toy gun, replica of a
firearm, or other device that is so substantially similar in
coloration and overall appearance to an existing firearm as to lead a
reasonable person to perceive that the device is a firearm.
SEC. 7. Section 12553 is added to the Penal Code, to read:
12553. Any person who changes, alters, removes, or obliterates
any coloration or markings that are required for by any applicable
state or federal law or regulation, for any imitation firearm, or
device described in subdivision (c) of Section 12555, in any way that
makes the imitation firearm or device look more like a firearm is
guilty of a misdemeanor. This subdivision shall not apply to
manufacturer, importer, or distributor of imitation firearms or to
the lawful use in theatrical productions, including motion pictures,
television, and state productions.
(b) Any manufacturer, importer, or distributor of imitation
firearms that fails to comply with any applicable federal law or
regulation governing the marking of a toy, look-alike or imitation
firearm as defined by federal law or regulation is guilty of a
misdemeanor.
SEC. 8. Section 12554 is added to the Penal Code, to read:
12554. (a) Any imitation firearm manufactured after July 1, 2005,
shall, at the time of offer for sale in this state, be accompanied
by a conspicuous advisory to the effect that the product may be
mistaken for a firearm by law enforcement officers or others, that
altering the coloration or markings required by state or federal law
or regulations so as to make the product look more like a firearm is
dangerous, and may be a crime, and that brandishing or displaying the
product in public may cause confusion and may be a crime.
(b) Any manufacturer, importer, or distributor that fails to
comply with this advisory for any imitation firearm manufactured
after July 1, 2005, shall be liable for a civil fine for each action
brought by a city attorney or district attorney of not more than one
thousand dollars ($1,000) for the first action, five thousand dollars
($5,000) for the second action, and ten thousand dollars ($10,000)
for the third action and each subsequent action.
SEC. 9. Section 12555 is added to the Penal Code, to read:
12555. Any person who, for commercial purposes, purchases, sells,
manufactures, ships, transports, distributes, or receives, by mail
order or in any other manner, an imitation firearm except as
authorized by this section shall be liable for a civil fine in an
action brought by the city attorney or the district attorney of not
more than ten thousand dollars ($10,000) for each violation.
(b) The manufacture, purchase, sale, shipping, transport,
distribution, or receipt, by mail or in any other manner, of
imitation firearms is authorized if the device is manufactured,
purchased, sold, shipped, transported, distributed, or received for
any of the following purposes:
(1) Solely for export in interstate or foreign commerce.
(2) Solely for lawful use in theatrical productions, including
motion picture, television, and stage productions.
(3) For use in a certified or regulated sporting event or
competition.
(4) For use in military or civil defense activities, or ceremonial
activities.
(5) For public displays authorized by public or private schools.
(c) As used in this section, "imitation firearm" does not include
any of the following:
(1) A nonfiring collector's replica of an antique firearm that was
designed prior to 1898, is historically significant, and is offered
for sale in conjunction with a wall plaque or presentation case.
(2) A BB device, as defined in subdivision (g) of Section 12001.
(3) A device where the entire exterior surface of the device is
white, bright red, bright orange, bright yellow, bright green, bright
blue, bright pink, or bright purple, either singly or as the
predominant color in combination with other colors in any pattern, as
provided by federal regulations governing imitation firearms, or
where the entire device is constructed of transparent or translucent
materials which permits unmistakable observation of the device's
complete contents, as provided by federal regulations governing
imitation firearms.
SEC. 10. Section 12556 is added to the Penal Code, to read:
12556. (a) No person may openly display or expose any imitation
firearm, as defined in Section 12550, in a public place.
(b) Violation of this section, except as provided in subdivision
(c), is an infraction punishable by a fine of one hundred dollars
($100) for the first offense, and three hundred dollars ($300) for a
second offense.
(c) A third or subsequent violation of this section is punishable
as a misdemeanor.
(d) Subdivision (a) shall not apply to the following, when the
imitation firearm is:
(1) Packaged or concealed so that it is not subject to public
viewing.
(2) Displayed or exposed in the course of commerce, including
commercial film or vide productions, or for service, repair, or
restoration of the imitation firearm.
(3) Used in a theatrical production, a motion picture, video,
television, or stage production.
(4) Used in conjunction with a certified or regulated sporting
event or competition.
(5) Used in conjunction with lawful hunting, or lawful pest
control activities.
(6) Used or possessed at certified or regulated public or private
shooting ranges.
(7) Used at fairs, exhibitions, expositions, or activities
permitted by a government agency or museum collection.
(8) Used in military ceremonies or civil defense ceremonies.
(9) Used for public displays authorized by public or private
schools.
(10) Used in parades, ceremonies, or activities permitted by local
or state government.
(11) Displayed on a wall plaque or in a presentation case.
(12) A device where the entire exterior surface of the device is
white, bright red, bright orange, bright yellow, bright green, bright
blue, bright pink, or bright purple, either singly or as the
predominant color in
combination with other colors in any pattern, or where the entire
device is constructed of transparent or translucent materials which
permits unmistakable observation of the device's complete contents.
Merely having an orange tip as provided in federal law and
regulations does not satisfy this requirement. The entire surface
must be colored or transparent or translucent.
(e) For purposes of this section, the term "public place" means an
area open to the public or exposed to public view and includes
streets, sidewalks, bridges, alleys, plazas, parks, driveways,
parking lots, automobiles, whether moving or not, and buildings open
to the general public, including those that serve food or drink, or
provide entertainment, and the doorways and entrances to buildings or
dwellings and the grounds enclosing them.
SEC. 11. 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. Code, to read:
451.5. The commission shall review the rates and charges by
telephone corporations for "911" emergency telephone service to
ensure that those rates and charges are just and reasonable.