BILL NUMBER: AB 2837 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 25, 2000
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, 41135,
and 41136 of, and to add Section 41033
Sections 41033, 41135.5, and 41136.5 to, the Revenue and
Taxation Code, relating to public safety services.
LEGISLATIVE COUNSEL'S DIGEST
AB 2837, as amended, Hertzberg. Local public safety
agencies: nonemergency State 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 county , as well as the City
of Los Angeles and the City of San Jose, to establish a
nonemergency telephone 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 counties and
authorized cities in the formulation of concepts, methods, and
procedures that will improve the operation of systems authorized by
this bill and 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 county ,
authorized city, 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 who subscribes to intrastate telephone
communication service within a county with an approved
application for the jurisdiction of a county or
authorized city that elects to implement a "311" nonemergency
telephone system to fund the 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 county and authorized city 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. State Nonemergency Telephone System
53126. Every county or authorized city may establish a
nonemergency telephone system as provided in this
article. The digits "311" shall be the primary nonemergency
telephone number within the system. Nonemergency "311"
telephone systems shall be designed to meet the specific
requirements of each county or authorized city . Every
system shall be designed to allow the transfer of emergency calls to
the "911" emergency telephone system. Each county or authorized
city shall establish a memorandum of understanding with the
public safety agencies within the county or authorized city
to ensure consistent handling of "311" calls.
53126.5. For purposes of this article, "Division
the following definitions apply:
(a) "Authorized city" means a city authorized to establish a
nonemergency telephone system pursuant to Section 53129.7.
(b) "Division of Telecommunications" means the Division of
Telecommunications of the Department of General Services.
(c) "Nonemergency telephone system" means a system structured to
provide access to only public safety agencies such as police, fire,
and emergency medical service providers, or a system structured to
provide access to public safety agencies and to all other services
provided by a jurisdiction such as street maintenance and animal
control.
53127. The Division of Telecommunications shall aid counties
and authorized cities in the formulation of concepts, methods,
and procedures that will improve the operation of systems authorized
by this article and increase cooperation among public agencies.
53127.5. Technical and operational standards for the development
of the county or authorized city systems shall be
established and reviewed by the Division of Telecommunications on or
before July 1, 2001 January 1, 2002 .
On or before July 1, 2002 2004 , 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 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 county. A copy of this
An authorized city shall submit a tentative plan pursuant to this
subdivision, but need not seek approval of the county board of
supervisors. A copy of the 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 county or authorized city 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 county or authorized city 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 county or
authorized city operating the system of its deficiencies. The
county or authorized city shall bring the system into
compliance with the operational and technical standards within 90
days of notice by the division. Failure to comply within this time
period shall subject the county or authorized city to
action by the Attorney General pursuant to Section 53129.
53128.5. When proposed implementation of the "311" system by a
county may adversely affect the implementation of the system by a
neighboring county or authorized city within that county, or
when proposed implementation by an authorized city may adversely
affect implementation by the county in which it is located ,
the neighboring county , authorized city affected by county
implementation, or county affected by authorized city implementation,
may request that the Division of Telecommunications evaluate
the impact of implementation by the proposing county or
authorized city and evaluate and weigh that impact in its
decision to approve or disapprove the proposing county's or
authorized city's final plan pursuant to Section 53128. In
order to effectuate this process, each county , or county with
an authorized city within its jurisdiction, if applicable shall
file a notice of filing of its final plan with each adjacent county
or authorized city, as applicable, and each authorized city
shall file a notice with the county in which it is located .
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 county or authorized
city or public utility providing telephone service with the
provisions of this article.
53129.5. No later than February 1, 2001, the Division of
Telecommunications shall notify each county in the state of the
availability of the "311" nonemergency telephone system.
53129.7. Notwithstanding any other provision of this article, the
City of Los Angeles and the City of San Jose may each implement a
nonemergency telephone system pursuant to 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
State 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 county
, or city authorized pursuant to Section 53129.7 of the Government
Code, whose application for a "311" nonemergency telephone
system is approved pursuant to filed pursuant
to subdivision (a) of 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 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 county , or city authorized
pursuant to Section 53129.7 of the Government Code, 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 county's nonemergency telephone
system, less the available balance in the State Emergency Telephone
Number Account in the General Fund for that county's system, by its
for "311" plans approved pursuant to Section 53128 of
the Government Code, less the available balance in the State
Nonemergency Telephone Number Account in the General Fund, by its
estimate of the charges for intrastate telephone communications
services within the county counties or
authorized cities 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
amounts paid by every person who subscribes to
intrastate telephone communication service within the jurisdiction of
those counties and authorized cities that elect to implement a "311"
nonemergency telephone system consistent with the standards
established by the Division of Telecommunications pursuant to Section
53127.5 of the Government Code . 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 41135 of the Revenue and Taxation Code is
amended to read:
41135. All amounts required to be paid to the state under this
part relating to the State Emergency Telephone System
shall be paid to the board in the form of remittances payable to the
State Board of Equalization of the State of California. The board
shall transmit the payments to the State Treasurer to be deposited in
the State Treasury to the credit of the State Emergency Telephone
Number Account in the General Fund, which is hereby created.
SEC. 9. Section 41135.5 is added to the Revenue and Taxation Code,
to read:
41135.5. All amounts required to be paid to the state under this
part relating to the State Nonemergency Telephone System shall be
paid to the board in the form of remittances payable to the State
Board of Equalization of the State of California. The board shall
transit the payments to the State Treasurer to be deposited in the
State Treasury to the credit of the State Nonemergency Telephone
Number Account in the General Fund, which is hereby created.
SEC. 10. 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 relating to the State Emergency Telephone
System :
(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 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 counties for approved incremental costs, not
previously compensated for by another governmental agency.
SEC. 11. Section 41136.5 is added to the Revenue and Taxation
Code, to read:
41136.5. Funds in the State Nonemergency Telephone Number
Account, when appropriated by the Legislature, shall be spent solely
for the following purposes relating to the State Nonemergency
Telephone System:
(a) To pay refunds authorized by this part.
(b) To pay the State Board of Equalization for the cost of
administration of "311" nonemergency telephone number systems.
(c) To pay the Department of General Services for its costs to
establish technical and operational standards for "311" nonemergency
telephone number systems.
(d) To pay the Department of General Services for its costs of the
administration of "311" nonemergency telephone number systems.
(e) 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 counties, and cities authorized
pursuant to Section 53129.7 of the Government Code, in connection
with the "311" nonemergency telephone number systems:
(1) A basic system, including the countywide "311" nonemergency
telephone number systems.
(2) A basic system with telephone central office identification.
(3) A system employing automatic call routing.
(4) Approved incremental costs.
(f) To pay claims of counties and authorized cities for approved
incremental costs that have not been previously compensated for by
another governmental agency.
(g) To pay bills submitted to the Department of General Services
by service suppliers for incremental costs associated with collection
of the increased surcharge provided for in subdivision (b) of
Section 41020 that are not in conformance with the regular billing
procedures of a particular service supplier.
SEC. 12. Due to the unique circumstances of the City of Los
Angeles and the City of San Jose with respect to the disproportionate
burden on the "911" emergency telephone systems in those cities, the
Legislature hereby finds and declares that a general statute cannot
be made applicable within the meaning of Section 16 of Article IV of
the California Constitution. Therefore, the special legislation
contained in this act is necessarily applicable only to the City of
Los Angeles and the City of San Jose.