2881.4
. (a) The Legislature finds and declares all of the
following:
(1) Section 278 requires the commission to transfer to the
Controller for deposit in the Deaf and Disabled Telecommunications
Program Administrative Committee Fund all revenues collected by
telephone corporations to fund programs to provide specified
telecommunications services and equipment to deaf, disabled, and
hearing-impaired persons, as specified in Sections 2881, 2881.1, and
2881.2.
(2) The commission issued a report to the Legislature in May 2001,
addressing compliance issues pertaining to the programs specified in
Sections 2881, 2881.1, and 2881.2, including a recommendation to
secure legislative authorization for the commission to contract with
outside entities for the provision of services and equipment mandated
by Sections 2881, 2881.1, and 2881.2.
(3) The telecommunications services and equipment provided to
deaf, disabled, and hearing-impaired individuals and their families,
as specified in Sections 2881, 2881.1, and 2881.2, are of such a
highly specialized and technical nature that the necessary expert
knowledge, ability, and experience are not available within the
current state civil service system.
(4) It is the intent of the Legislature, in enacting this section,
to do all of the following:
(A) Maintain the availability of the state's current statewide
infrastructure of telecommunications services and equipment to deaf,
disabled, and hearing-impaired persons, as provided for in Sections
2881, 2881.1, and 2881.2, as essential to maintaining public health
and safety.
(B) Authorize the commission to enter into contracts for the
provision of telecommunications services and equipment for deaf,
disabled, and hearing-impaired persons in a manner that protects and
enhances the current statewide infrastructure and coordinated
delivery of those services and equipment and includes a priority for
maintaining long-term continuity of program administration and
maximum involvement of the deaf and disabled community in program
governance.
(C) Strengthen program priorities for expanded outreach through
continuing consultation with, and participation by, the deaf,
disabled, and hearing-impaired community in order to ensure the state'
s network of services reach hard-to-serve populations, including
rural, innercity, and urban areas.
(D) Develop a mechanism to achieve cost-effective and timely
deployment of new and emerging telecommunications technologies, to
the extent fiscally and economically feasible.
(b) In order for the commission to ensure continued provision of
telecommunications services and equipment for deaf, disabled, and
hearing-impaired persons, the commission, subject to annual
appropriation of funds by the Legislature and consistent with state
contracting requirements, may contract with entities, including
nonprofit entities, or persons that have the necessary expert
knowledge, ability, and experience to provide, manage, or operate the
programs described in Sections 2881, 2881.1, and 2881.2.
(c) The commission may enter into contracts pursuant to
subdivision (b) of Section 19130 of the Government Code for the
services and equipment contemplated by the programs described in
Sections 2881, 2881.1, and 2881.2.
(d) The commission may include provisions that accomplish any of
the following in contracts authorized by this section:
(1) Establish standards and procedures, including prior commission
approval, for subcontracting.
(2) Establish standards and procedures regarding personnel and
accounting practices.
(3) Require budget approval.
(4) Require periodic audits.
(5) Monitor performance and establish performance standards and
the method of evaluating performance, including remedies for
unsatisfactory performance.
(6) Establish standards and procedures to investigate and resolve
complaints.
(7) Provide for any other terms or restrictions as the commission
finds necessary to ensure that the public funds are used in
accordance with the goals of the Legislature and the commission.
(e) Notwithstanding any other provision of law, any contract
entered into pursuant to this section may provide for periodic
advance payments for telecommunications services to be performed or
telecommunications equipment to be provided. No advance payment made
pursuant to this section may exceed 25 percent of the total annual
contract amount.
(f) Any contractor the commission selects shall demonstrate
knowledge of and the capacity to provide specialized
telecommunications services and equipment to deaf, disabled, and
hearing-impaired persons, and shall be required to consult with the
Telecommunications Access for Deaf and Disabled Administrative
Committee regarding the specialized needs of individuals utilizing
program services and equipment, as specified in Sections 2881,
2881.1, and 2881.2.
(g) The commission shall, to the extent feasible and consistent
with state civil service requirements, employ staff overseeing the
programs described in Sections 2881, 2881.1, and 2881.2 who are
members of the deaf, disabled, and hearing-impaired community.