BILL NUMBER: AB 2837 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 8, 2000
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
county 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 Division of Telecommunications of the Department of
General Services to, among other things, aid public
agencies counties in the formulation of
concepts, methods, and procedures which that
will improve the operation of systems authorized by this bill
and which that will increase
cooperation among public agencies. It would authorize the Attorney
General, on behalf of the Division of Telecommunications or on his or
her own initiative, to commence judicial proceedings to enforce
compliance by any public agency county
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
a county 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 county 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 is 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 county may 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 county . Every system shall be
designed to allow the transfer of emergency calls to the "911"
emergency telephone system. Each county shall establish a
memorandum of understanding with the public safety agencies within
the county to ensure consistent handling of "311" calls.
53126.5. (a) In order to ensure that public agencies accomplish
proper preparation and implementation of nonemergency "311" systems,
the 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 in any
event no later than July 1, 2001.
(b)
53126.5. For purposes of this article, "Division of
Telecommunications" means the Division of Telecommunications of the
Department of General Services.
53127. The Division of Telecommunications shall aid
public agencies counties in the formulation of
concepts, methods, and procedures which that
will improve the operation of systems authorized by this
article and which will increase cooperation among
public agencies.
53127.5. Technical and operational standards for the development
of the public agency county systems
shall be established and reviewed by the Division of
Telecommunications on or before July 1, 2001. On or before July 1,
2002, and each even-numbered year thereafter, the Division of
Telecommunications shall review and update technical and operational
standards for public agency systems.
53128. (a) Any public agency county
seeking to establish a system pursuant to this article shall
first seek approval of the county board of supervisors. Upon
approval by the board, the county 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 the public agency
county . A copy of this tentative plan shall be
filed with the Division of Telecommunications.
(b) The final plan shall be submitted within six months after the
tentative plan to the Division of Telecommunications and shall
identify all planning, implementation, installation, and operating
costs the local agency county feels
necessary to implement the system authorized by this article.
(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 county 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 Division of
Telecommunications shall notify in writing the public agency
or agencies county operating the system of its
deficiencies. The public agency county
shall bring the system into compliance with the operational and
technical standards within 60 90 days
of notice by the division. Failure to comply within this time period
shall subject the public agency county
to action by the Attorney General pursuant to Section 53129.
53128.5. When proposed implementation of the "311" system by a
single public agency within its jurisdiction
county may adversely affect the implementation of the system by
a neighboring public agency or agencies, the neighboring
public agency county, the neighboring county may
request that the Division of Telecommunications evaluate the impact
of implementation by the proposing public agency
county and evaluate and weigh that impact in its decision
to approve or disapprove the proposing public agency's
county's final plan pursuant to Section 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 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 Division of
Telecommunications. Any public agency wishing to
county shall file a notice of filing of its final plan with each
adjacent county. Any county 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.
53129. The Attorney General may, on behalf of the Division of
Telecommunications or on his or her own initiative, commence judicial
proceedings to enforce compliance by any public agency or
public agency county 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 fixed pursuant to Article 2 (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 county whose application
for a "311" nonemergency telephone system is approved pursuant to
Section 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,
incremental costs, that 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
county whose application for a "311" nonemergency
telephone system is approved pursuant to Section 53128 of the
Government Code. The increases shall be determined by dividing the
costs, including incremental costs, that the Department of
General Services estimates for the current fiscal year for each
public agency's county's nonemergency
telephone system, less the available balance in the State Emergency
Telephone Number Account in the General Fund for that public
agency's county's system, by its estimate of
the charges for intrastate telephone communications services within
the jurisdiction of the public agency county
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. The increase in the surcharge rate pursuant to
this subdivision shall not exceed three-quarters of 1 percent and
shall be applied uniformly to all counties that elect to implement a
"311" nonemergency telephone system. 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
counties 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
counties for approved incremental costs, not previously
compensated for by another governmental agency.