BILL NUMBER: AB 2837 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 29, 2000
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 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. 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 local
public agency, as defined , to establish a nonemergency
telephone system 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 local public agencies 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
local 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 who subscribes to intrastate telephone communication
service within the jurisdiction of a county or authorized
city local public agency 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 local 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 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
local public agency 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. designed to
provide a system similar to a "911" selective routing system,
whereby the location of the initial call is determined to provide a
coordinated uniform delivery system to meet the specified
requirements of each local jurisdiction. Every system shall be
designed to allow the handling of emergency calls by the "911"
emergency telephone system.
53126.5. For purposes of this article, the following definitions
apply:
(a) "Authorized city" means a city authorized to establish a
nonemergency telephone system pursuant to Section 53129.7.
(b)
(a) "Division of Telecommunications" means the Division of
Telecommunications of the Department of General Services.
(b) "Local public agency" means a city, county, city and county,
and joint powers authority that provides a public safety answering
point (PSAP).
(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 and
fire , 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 local public agencies
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 coordinated "311" system shall be
established, with the input of local public agencies, and
reviewed by the Division of Telecommunications on or before January
1, 2002. A local public agency may notify the affected county or
counties and the Division of Telecommunications by January 1, 2005,
of its intent to establish a "311" nonemergency telephone system. In
the event that a local public agency does not notify the affected
county or counties and the Division of Telecommunications by January
31, 2005, of its intent to provide a "311" nonemergency telephone
system, a county may, using the local public agency's existing public
safety answering point (PSAP), establish a "311" nonemergency
telephone system to serve those entities for which there is no stated
intent to provide a "311" nonemergency telephone system. On
or before July 1, 2004, and each even-numbered year thereafter, the
Division of Telecommunications shall review , with the input of
local public agencies, 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. 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
53128. (a) The Division of Telecommunications shall review each
plan submitted by a local public agency to ensure that it conforms to
the minimum standards established pursuant to Section 53127.5. If
any plan does not comply, the Division of Telecommunications shall,
within 90 days of receipt of a plan, notify the submitting local
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.
(b) Each local public agency that receives a notice of deficiency
from the Division of Telecommunications shall submit a final plan
within six months following the receipt of the identified
deficiencies. The final plan shall be submitted to the
Division of Telecommunications and shall identify all planning,
implementation, installation, and operating costs the county
or authorized city local public agency 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)
(c) 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 local public agency operating
the system of its deficiencies. The county or authorized
city local public agency 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
local public agency 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 local public agency 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
a participating local public agency , whose
application for a "311" nonemergency telephone system is 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,
local public agency 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 "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
counties or authorized cities local public agencies
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
one-quarter of 1 percent and shall be applied uniformly to
amounts paid by every person who subscribes to intrastate telephone
communication service within the jurisdiction of those
counties and authorized cities local public agencies
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.
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 supplied to local public agencies, 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
local public agencies 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.