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AB-911 Office of Emergency Services: emergency information system.(2019-2020)

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Date Published: 07/11/2019 09:00 PM
AB911:v94#DOCUMENT

Amended  IN  Senate  July 11, 2019
Amended  IN  Assembly  May 17, 2019
Amended  IN  Assembly  April 29, 2019
Amended  IN  Assembly  April 11, 2019
Amended  IN  Assembly  March 21, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 911


Introduced by Assembly Member Rodriguez

February 20, 2019


An act to add Article 6.3 (commencing with Section 8592.20) to Chapter 7 of Division 1 of Title 2 of the Government Code, relating to emergency services.


LEGISLATIVE COUNSEL'S DIGEST


AB 911, as amended, Rodriguez. Office of Emergency Services: emergency information system.
Existing law establishes in state government, within the office of the Governor, the Office of Emergency Services. Existing law requires the office to be responsible for the state’s emergency and disaster response services for natural, technological, or manmade disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property. Existing law, the Warren-911-Emergency Assistance Act, requires every local public agency, as defined, to have an emergency communication system and requires the digits “911” to be the primary emergency telephone number within the system. Existing law also requires the office to develop a plan and timeline of target dates for the testing, implementation, and operation of a Next Generation 911 emergency communication system, including text to 911 service, throughout the state. Existing law creates in state government the State 911 Advisory Board, which advises the office on, among other things, policies, practices, and procedures for the California 911 Emergency Communications Office.
This bill would require the office, in consultation with relevant experts and stakeholders, to develop a plan and timeline of target dates for the testing, implementation, and operation of a statewide system, consistent with the requirements of this bill, that would enable all Californians, including older adults, individuals with disabilities, and other at-risk persons, to voluntarily provide vital health and safety information information, with an encrypted connection, to be made available to all first responders in an emergency if a “911” call is placed. The bill would make information submitted through the statewide system confidential and not a public record.
This bill would require the office to determine an estimate of the funding necessary to plan, test, implement, operate, and maintain the statewide system on an annual basis. The bill would require the office to submit the plan and timeline of target dates, including the funding estimates, in a report to the Legislature and the State 911 Advisory Board and make that report available to the public by January 1, 2021.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Article 6.3 (commencing with Section 8592.20) is added to Chapter 7 of Division 1 of Title 2 of the Government Code, to read:
Article  6.3. The Manny Alert Act

8592.20.
 (a) This article shall be known, and may be cited, as the Manny Alert Act.
(b) It is the intent of the Legislature to establish a statewide system under the California Office of Emergency Services that would enable all Californians, including older adults, individuals with disabilities, and other at-risk persons, to voluntarily provide vital health and safety information to enable first responders to better assist them during an accident or emergency.
(c) It is the intent of the Legislature that this system inform law enforcement, fire departments, and emergency medical service personnel, who are present at the scene of an emergency, with crucial information necessary for interacting with all Californians, especially older adults, individuals with disabilities, and other at-risk persons, so as to maximize the safety of these persons, minimize the likelihood of injury, and promote the safety of all individuals.

8592.21.
 For purposes of this article, “office” means the Office of Emergency Services.

8592.22.
 (a) (1)The office, in consultation with any persons that the office determines are relevant experts and stakeholders, shall develop a plan and timeline of target dates for the testing, implementation, and operation of a statewide system that is consistent with the requirements of this article that would enable all Californians, including older adults, individuals with disabilities, and other at-risk persons, to voluntarily provide vital health and safety information information, with an encrypted connection, to be made available to all first responders in an emergency if a “911” call is placed.

(2)The vital health and safety information provided may include, but need not be limited to, all of the following:

(A)Types of disabilities and existing medical conditions, signals of distress, and other critical conditions.

(B)Emergency contact and family member information.

(C)Race or ethnicity of the individual.

(D)Primary language spoken by the individual.

(b) Information submitted through the statewide system shall be confidential and is not a public record. The office and any third-party contractor or agent that assists with or administers the statewide system shall not disclose or otherwise communicate any or all information it receives from any person under this section orally, in writing, or by electronic or any other means to a third party except to inform law enforcement, fire department, and emergency medical service personnel at the scene of an emergency.
(c) The office shall ensure verification of the identity of the person submitting information through the statewide system described in this article and the accuracy of the information submitted.
(d) The office shall determine an estimate of the funding necessary to plan, test, implement, operate, and maintain the statewide system described in this article on an annual basis. The office shall include the funding estimate in the report described in subdivision (f).
(e) In order to maximize efficiency and contain costs, the statewide system described in this article shall incorporate, if the office determines it is consistent with public safety and technologically feasible, shared infrastructure and elements of other public safety and emergency communication networks, including, but not limited to, all of the following:
(1) Public safety communications identified in the annual plan required by subdivision (b) of Section 15277.
(2) Local and regional public safety broadband networks authorized by the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5).
(3) Public safety broadband networks authorized by the federal Middle Class Tax Relief and Job Creation Act of 2012 (Public Law 112-96).
(4) Public safety radio and communications facilities used for the purpose of public warnings pursuant to Section 15254.
(f) The office shall, by January 1, 2021, submit the plan and timeline of target dates described in subdivision (a) in a report to the Legislature and the State 911 Advisory Board and make that report available to the public. The report to the Legislature shall be submitted in compliance with Section 9795.

SEC. 2.

 The Legislature finds and declares that Section 1 of this act, which adds Section 8592.22 to the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
The interest in protecting the personal information of people who may use the statewide emergency system implemented by the Manny Alert Act, proposed to be added by Section 1 of this measure, outweighs the public interest in having access to this information.