Amended in Assembly April 12, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2453


Introduced by Assembly Member Rodriguez

February 19, 2016


An act to amend Section 53115.1 of the Government Code, relating to emergency services.

LEGISLATIVE COUNSEL’S DIGEST

AB 2453, as amended, Rodriguez. Emergency services: State 911 Advisory Board.

Existing law establishes the State 911 Advisory Board which is composed of 11 members who meet quarterly in public sessions and are appointed by, and serve at the pleasure of the Governor.

This bill would increase the membership tobegin delete 15end deletebegin insert 13end insert members, as specified.

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This bill would also prohibit a representative from the California Emergency Medical Services Authority, communications industry, cellular technology or telecommunications industry, or public safety communications field from being a member of the board if, during the 2 years prior to appointment on the board, he or she received a substantial portion of his or her income from a listed professional category or industry.

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Existing law, the Political Reform Act of 1974, generally prohibits a public official at any level of state or local government from making, participating in making, or in any way attempting to use his or her official position to influence a governmental decision in which he or she knows, or has reason to know, he or she has a financial interest.

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This bill would prohibit a member of the advisory board from personally and substantially participating, as specified, in a claim, contract, controversy, determination, plan, study, or other matter in which the advisory board is a party or has an interest, if the member of the advisory board has knowledge that he or she, his or her spouse, minor child, or partner, or an organization, as specified, for which the member of the advisory board currently serves as an officer, director, trustee, partner, or employee or has served in this position within the 2 year period prior to his or her appointment to the advisory board has a direct or indirect financial interest in the matter.

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This bill would prohibit a member of the advisory board from acting as an agent, attorney, or employee for any party other than the state when the advisory board is a party to or has a direct, substantial interest in a judicial or other proceeding, hearing, application, request for a ruling, or other determination, contract, claim, controversy, study, plan, or other particular matter.

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This bill would also prohibit a representative from the California Emergency Medical Services Authority, communications industry, cellular technology or telecommunications industry, or public safety communications field from being employed within a listed professional category or industry within 2 years after he or she ceases to be a member of the board.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 53115.1 of the Government Code is
2amended to read:

3

53115.1.  

(a) There is in state government the State 911
4Advisory Board.

5(b) The advisory board shall be composed of the following
6members appointed by the Governor who shall serve at the pleasure
7of the Governor:

8(1) The Chief of the Public Safety Communications Division
9shall serve as the nonvoting chair of the board.

10(2) One representative from the Department of the California
11Highway Patrol.

12(3) Two representatives on the recommendation of the California
13Police Chiefs Association.

P3    1(4) Two representatives on the recommendation of the California
2State Sheriffs’ Association.

3(5) Two representatives on the recommendation of the California
4Fire Chiefs Association.

5(6) Two representatives on the recommendation of the CalNENA
6Executive Board.

7(7) One representative on the joint recommendation of the
8executive boards of the state chapters of the Association of
9Public-Safety Communications Officials-International, Inc.

10(8) One representative from the California Emergency Medical
11Services Authority.

12(9) One representative with a background in thebegin delete communicationsend delete
13begin insert telecommunicationsend insert industry.

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14(10) One representative with an expertise in the technology of
15cellular phones and telecommunications.

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16(11) One representative with a background in public safety
17communications.

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18(c) begin insert(1)end insertbegin insertend insert Recommending authorities shall give great weight and
19consideration to the knowledge, training, and expertise of the
20appointee with respect to their experience within the California
21911 system. Board members should have at least two years of
22experience as a Public Safety Answering Point (PSAP) manager
23or county coordinator, except where a specific person is designated
24as a member.

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25
(2) A representative from the California Emergency Medical
26Services Authority, communications industry, cellular technology
27or telecommunications industry, or public safety communications
28field shall not be a member of the board if, during the two years
29prior to appointment on the board, he or she received a substantial
30portion of his or her income directly or indirectly from a
31professional category or industry listed above.

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32(d) Members of the advisory board shall serve at the pleasure
33of the Governor, but may not serve more than two consecutive
34two-year terms, except as follows:

35(1) The presiding Chief of the Public Safety Communications
36Division shall serve for the duration of his or her tenure.

37(2) Four of the members shall serve an initial term of three years.

38(e) Advisory board members shall not receive compensation
39for their service on the board, but may be reimbursed for travel
40and per diem for time spent in attending meetings of the board.

P4    1(f) The advisory board shall meet quarterly in public sessions
2in accordance with the Bagley-Keene Open Meeting Act (Article
39 (commencing with Section 11120) of Chapter 2 of Part 1 of
4Division 3 of Title 2). The division shall provide administrative
5support to the State 911 Advisory Board. The State 911 Advisory
6Board, at its first meeting, shall adopt bylaws and operating
7procedures consistent with this article and establish committees
8as necessary.

9(g) Notwithstanding any other provision of law, a member of
10the advisory board may designate a person to act as that member
11in his or her place and stead for all purposes, as though the member
12were personally present.

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13
(h) (1) A member of the advisory board shall not personally
14 and substantially participate, through decision, approval,
15disapproval, recommendation, the rendering of advice,
16investigation, or otherwise, in a claim, contract, controversy,
17determination, plan, study, or other particular matter in which the
18advisory board is a party or has an interest, if the member of the
19advisory board has knowledge that he or she, his or her spouse,
20minor child, or partner, or an organization for which the member
21of the advisory board currently serves as an officer, director,
22trustee, partner, or employee or has served in this position within
23the two year period prior to his or her appointment to the advisory
24board has a direct or indirect financial interest.

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25
(2) A member of the advisory board shall not act as an agent,
26attorney, or employee for any party other than the state when the
27advisory board is a party to or has a direct, substantial interest
28in a judicial or other proceeding, hearing, application, request
29for a ruling, or other determination, contract, claim, controversy,
30study, plan, or other particular matter.

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31
(3) A representative from the California Emergency Medical
32Services Authority, communications industry, cellular technology
33or telecommunications industry, or public safety communications
34field shall not be employed within a professional category or
35industry listed above within two years after he or she ceases to be
36a member of the board.

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(4) For purposes of this subdivision, “organization” shall not
2include a governmental agency or educational or research
3 institution that is a tax exempt, nonprofit organization.

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