BILL ANALYSIS Ó
AB 1074
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1074 (Fuentes)
As Amended August 15, 2011
2/3 vote. Urgency
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|ASSEMBLY: |76-0 |(May 26, 2011) |SENATE: |36-0 |(August 22, |
| | | | | |2011) |
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Original Committee Reference: JUD.
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SUMMARY : Extends certain immunities to specified companies in
the provision of 9-1-1-emergency assistance services.
Specifically, this bill provides that 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 civil claim, damage, or loss caused by an act or
omission 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, wanton or willful misconduct, or intentional
misconduct.
The Senate amendments add an urgency clause and clarify that the
bill does not modify the liability of a manufacturer,
distributor, or other person arising from a claim, damage, or
loss, related to the operation or performance of an end-user
device that is not related to the provision of 9-1-1 service.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
FISCAL EFFECT : None
COMMENTS : The author states that this bill is needed to address
the following issue:
All entities associated with responding to
emergencies, including providers of 9-1-1 service,
have immunity from ordinary negligence. Without
this protection, no entity, whether a public agency
or a private company, could assume the risk of
AB 1074
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liability associated with responding to an
emergency. Emergency responders have immunity
through statute, while telephone corporations have
immunity through tariffs filed with the Public
Utilities Commission. NG 911, however, will
involve third-party providers that are neither
emergency responders nor telephone corporations,
and these third-parties will be deterred from
providing emergency-related services if they cannot
also have immunity from ordinary negligence. The
leading examples are companies that maintain
mapping databases and specialize in converting X/Y
map coordinates into an address, which is a vital
function in locating wireless callers who cannot
give their location.
The purpose of this bill is to extend the immunity
from ordinary negligence that telephone companies
have in their tariffs to other service providers
when they are functioning as a part of the 9-1-1
emergency system. Under AB 1074, this immunity
would attach only when a third party is actively
participating in connecting a caller to a 9-1-1
operator, and not generally to the company or its
other activities.
Connection to the 9-1-1 communications network is currently only
by telephone. As new devices like text messages and e-mail have
become available, the technological opportunity exists to
include accessibility for those devices in so-called "Next
Generation 9-1-1" (NG 9-1-1). Under NG 9-1-1, it is envisioned
that all connections to a Public Safety Answering Point (PSAP)
will be made via the Internet, whether from traditional
landlines, wireless cellular telephones, email or text
messaging. This Internet based system will also allow for
additional services as well, most notably converting location
data from a GPS-enabled cell phone into a street address that
can be provided to the 9-1-1- operator. In support of this
bill, Verizon states that a private company called Intrado has
the best location-based address database in the United States,
and Verizon wants to partner with this company to provide the
address of a cell phone user calling 9-1-1 who cannot give an
address.
Regulated telecommunications companies are protected from
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certain civil liability by Public Utilities Commission tariff
and pursuant to federal law. Supporters wish to extend some
protection from liability to businesses like Intrado, when
involved in providing 9-1-1 service - that is, actually
performing a function that connects a caller to a 9-1-1 operator
- through a company like Verizon that is under contract with the
state. According to supporters, no single company can provide
all the services needed for NG 9-1-1, and the needed technology
companies will be reluctant to risk the potentially unlimited
liability associated with 9-1-1 services without the immunity
from ordinary negligence that Verizon has. The regulated
telecommunications companies like Verizon, however, will
continue to be the entities that contract with the state and
remain responsible for the quality of the 9-1-1 service provided
regardless of who they contract with.
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334
FN: 0001982