BILL NUMBER: AB 1074	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fuentes

                        FEBRUARY 18, 2011

   An act to add Section 1714.55 to the Civil Code, relating to
personal liability.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1074, as introduced, Fuentes. Personal liability immunity:
telecommunication service providers.
   Existing law provides that a telecommunications service provider
is generally liable for any claim, damage, or loss caused by their
conduct.
   This bill would provide that a provider of telecommunication
service, or other service, that is involved in providing 9-1-1
service, as defined, is not liable for any claim, damage, or loss
caused by an act or omission of the company, and other individuals,
in the design, development, maintenance, or provision of 9-1-1
service, unless the act or omission that proximately caused the
claim, damage, or loss constituted gross negligence, recklessness, or
intentional misconduct.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1714.55 is added to the Civil Code, immediately
following 1714.5, to read:
   1714.55.  (a) A retail or wholesale service provider of
telecommunications service, or other service, involved in providing
9-1-1 service, shall not be liable for any claim, damage, or loss
caused by an act or omission of the company, business, or individual
in the design, development, installation, maintenance, or provision
of 9-1-1 service, unless the act or omission that proximately caused
the claim, damage, or loss constituted gross negligence,
recklessness, or intentional misconduct.
   (b) For purposes of this section:
   (1) "Public safety agency" is defined in accordance with the
Warren-911-Emergency Assistance Act (Article 6 (commencing with
Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the
Government Code).
   (2) "9-1-1 service" means a system involved in either connecting
users to a public safety agency, or in providing data, including, but
not limited to, the location of the user, to a public safety agency.

   (c) This section shall not be construed to modify service tariff
provisions.