Amended in Assembly April 28, 2016

Amended in Assembly April 12, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 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 begin delete Board end delete begin insert Board end insert begin insert , end insert which is composed of 11 members who meet quarterly in public sessions and are appointed by, and serve at the pleasure begin delete of end delete begin insert end insert begin insert of, end insert the Governor.

This bill would increase the membership to 13 members, as specified.

This bill would also prohibit a representative from the California Emergency Medical Services begin delete Authority, communications industry, cellular technology end delete or begin insert with a background in the end insert telecommunications begin delete industry, or public safety communications field end delete begin insert industry end insert 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.

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.

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.

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.

This bill would also prohibit a representative from the California Emergency Medical Services begin delete Authority, communications industry, cellular technology or telecommunications industry, or public safety communications field end delete begin insert Authority or with a background in the telecommunications industry end insert 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.

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.  

Section 53115.1 of the Government Code is
amended to read:

53115.1.  

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

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

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

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

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

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

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

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

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

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

(9) One representative with a background in the
telecommunications industry.

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

(2) A representative from the California Emergency Medical
Services begin delete Authority, communications industry, cellular technology
or telecommunications industry, or public safety communications
field end delete begin insert Authority or end insert begin insert with a background in the telecommunications
industry end insert shall not be a member of the board if, during the two years
prior to appointment on the board, he or she received a substantial
portion of his or her income directly or indirectly from a
professional category or industry listed begin delete above. end delete begin insert in subdivision (b). end insert

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

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

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

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

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

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

(h) (1) A member of the advisory board shall not personally
and substantially participate, through decision, approval,
disapproval, recommendation, the rendering of advice,
investigation, or otherwise, in a claim, contract, controversy,
determination, plan, study, or other particular 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 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 two year period prior to his or her appointment to the advisory
board has a direct or indirect financial interest.

(2) A member of the advisory board shall not act 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.

(3) A representative from the California Emergency Medical
Services begin delete Authority, communications industry, cellular technology
or telecommunications industry, or public safety communications
field end delete begin insert Authority or with a background in the telecommunications
industry end insert shall not be employed within a professional category or
industry listed begin delete above end delete begin insert in subdivision (b) end insert within two years after he
or she ceases to be a member of the board.

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