BILL NUMBER: AB 2837 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 20, 2000
AMENDED IN ASSEMBLY MAY 18, 2000
INTRODUCED BY Assembly Member Hertzberg
FEBRUARY 28, 2000
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, and 41136 of, and
to add Section 41033 to, the Revenue and Taxation Code, relating to
public safety services.
LEGISLATIVE COUNSEL'S DIGEST
AB 2837, as amended, Hertzberg. Local public safety agencies:
statewide 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 to establish a
nonemergency system within its respective jurisdiction and would
designate the digits "311" as the primary nonemergency telephone
number within the system. It would require the
Communications Division of Telecommunications of
the Department of General Services to, among other things, aid
public agencies in the formulation of concepts, methods, and
procedures which will improve the operation of systems authorized by
this bill and which will increase cooperation among public agencies.
It would authorize the Attorney General, on behalf of the
Communications Division of Telecommunications or
on his or her own initiative, to commence judicial proceedings to
enforce compliance by any 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 within the jurisdiction of a public agency with an
approved application for "311" nonemergency telephone system to fund
the Statewide 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 public agency
with an approved application for a "311" nonemergency telephone
system.
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 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. Statewide Nonemergency Telephone System
53126. Every local public agency may within its respective
jurisdiction establish a nonemergency system as provided in this
article. The digits "311" shall be the primary nonemergency
telephone number within the system. Nonemergency "311" systems shall
be designed to meet the specific requirements of each community and
public agency served by the system. Every system shall be designed
to allow the transfer of emergency calls to the "911" emergency
telephone system.
53127.
53126.5. (a) In order to ensure that public agencies
accomplish proper preparation and implementation of nonemergency "311"
systems, the Communications Division Division
of Telecommunications shall develop a general overview of the
overlapping jurisdictions of public agencies and telephone service
areas prior to the establishment of any system and by
in any event no later than July 1, 2001.
(b) For purposes of this article, "Communications
Division" means the Communications Division of the
"Division of Telecommunications" means the Division of
Telecommunications of the Department of General Services.
53129. The Communications Division
53127. The Division of Telecommunications shall aid public
agencies in the formulation of concepts, methods, and procedures
which will improve the operation of systems authorized by this
article and which will increase cooperation among public agencies.
53130.
53127.5. Technical and operational standards for the
development of the public agency systems shall be established and
reviewed by the Communications Division
Division of Telecommunications on or before July 1, 2001. On
or before July 1, 2001 2002 , and each
even-numbered year thereafter, the Communications Division
Division of Telecommunications shall review and
update technical and operational standards for public agency systems.
53131.
53128. (a) Any public agency seeking to establish a system
pursuant to this article shall submit a tentative plan for the
establishment of the system permitted by this article to the public
utility or utilities providing public telephone service within the
respective jurisdiction of each the
public agency. A copy of this tentative plan shall be filed with the
Communications Division Division of
Telecommunications .
(b) The final plan shall be submitted within six months after the
tentative plan to the Communications Division
Division of Telecommunications and shall identify all
planning, implementation, installation, and operating costs the local
agency feels necessary to implement the system authorized by this
article.
(c) Plans filed pursuant to subdivisions (a) and (b) shall conform
to minimum standards established pursuant to Section 53130.
(d) The Communications Division
(c) The Division of Telecommunications shall review each plan
filed pursuant to subdivisions (a) and (b) to ensure that it conforms
to minimum standards established pursuant to Section 53127.5. If
any plan does not comply, the Division of Telecommunications shall
notify the 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.
(d) 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 Communications
Division Division of Telecommunications shall
notify in writing the public agency or agencies operating the system
of its deficiencies. The public agency shall bring the system into
compliance with the operational and technical standards within 60
days of notice by the division. Failure to comply within this time
period shall subject the public agency to action by the Attorney
General pursuant to Section 53133 53129
.
53132.
53128.5. When proposed implementation of the "311" system
by a single public agency within its jurisdiction may adversely
affect the implementation of the system by a neighboring public
agency or agencies, the neighboring public agency may request that
the Communications Division Division of
Telecommunications evaluate the impact of implementation by the
proposing public agency and evaluate and weight
weigh that impact in its decision to approve or disapprove
the proposing public agency's final plan pursuant to Section
53131 53128 . In order to effectuate
this process, each city shall file a notice of filing of its final
plan with each adjacent city and with the county in which the
proposing public agency is located at the same time that the final
plan is filed with the Communications Division
Division of Telecommunications and each county shall file
a notice of filing of its final plan with each city within the county
and each adjacent county at the time the final plan is filed with
the Communications Division Division of
Telecommunications . Any public agency wishing to request
review pursuant to this section shall file its request with the
division within 30 days of filing of the final plan for which review
is sought.
53133.
53129. The Attorney General may, on behalf of the
Communications Division Division of Telecommunications
or on his or her own initiative, commence judicial proceedings
to enforce compliance by any public agency or public agency or
public utility providing telephone service with the provisions of
this article.
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, at a rate as shall be fixed
pursuant to Article 2 of the chapter
(commencing with Section 41030) thereafter.
(b) The surcharge shall be increased in order to fund the
Statewide 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 public
agency whose application for a "311" nonemergency telephone system is
approved pursuant to Section 53131 53128
of the Government Code.
(c) The surcharge shall be paid by the service user as hereinafter
provided.
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 incrementalcosts, 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 public agency whose application
for a "311" nonemergency telephone system is approved pursuant to
Section 53131 53128 of the Government
Code. The increases shall be determined by dividing the costs,
including incremental costs, the Department of General Services
estimates for the current fiscal year for each public agency's
nonemergency telephone system, less the available balance in the
State Emergency Telephone Number Account in the General Fund for that
public agency's system, by its estimate of the charges for
intrastate telephone communications services within the jurisdiction
of the public agency 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. 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 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:
(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.
(h) (1) To pay the Department of General Services for its costs in
administration of "311" nonemergency telephone number systems.
(2) 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 "311" nonemergency phone number systems:
(A) A basic system.
(B) A basic system with telephone central office identification.
(C) A system employing automatic call routing.
(D) Approved incremental costs.
(3) To pay claims of local agencies for approved incremental
costs, not previously compensated for by another governmental agency.