BILL NUMBER: AB 870	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wesson

                        FEBRUARY 22, 2001

   An act to add Section 2875.5 to the Public Utilities Code,
relating to public utilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 870, as introduced, Wesson.  Public utilities: automatic
calling equipment.
   Existing law authorizes the Public Utilities Commission to control
and regulate the use of automatic dialing-announcing devices and
specifies the hours during which the devices may not be operated.
   This bill would prohibit, on and after July 1, 2002, any person
operating specified automatic calling equipment from making a
telephone connection for which no person, acting as an agent or
telemarketer, or prerecorded message, is available for the person
called, as prescribed.  The bill would authorize the commission to
require any person operating that specified equipment to maintain
prescribed records for submission to the commission.
   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.  The Legislature finds and declares all of the
following:
   (a) The use of the telephone to market goods and services to the
home and other businesses is now pervasive due to the increased use
of cost-effective telemarketing techniques.
   (b) Unrestricted telemarketing, however, can be an intrusive
invasion of privacy, and, when an emergency or medical assistance
telephone line is seized, a risk to public safety.
   (c) Many consumers are outraged over the proliferation of
intrusive nuisance calls to their homes from telemarketers,
including, but not limited to, abandoned calls.
   (d) It is the intent of the Legislature in enacting this act to
balance individual privacy rights and public safety concerns with
commercial free speech rights.
  SEC. 2.  Section 2875.5 is added to the Public Utilities Code, to
read:
   2875.5.  (a) On and after July 1, 2002, no person operating any
automatic equipment that incorporates a storage capability of
telephone numbers to be called or a random or sequential number
generator capable of producing numbers to be called may make a
telephone connection for which no person, acting as an agent or
telemarketer, or prerecorded message is available for the person
called.
   (b) Notwithstanding subdivision (a), the commission may establish
an acceptable error rate for telephone connections made in violation
of subdivision (a).
   (c) The commission may require any person operating automatic
dialing announcing devices to maintain records of telephone
connections made for which no person, acting as an agent or
telemarketer, or prerecorded message, as set forth in subdivision (d)
of Section 2872, is available for the person called. The commission
may require copies of those records to be submitted to the
commission.