BILL NUMBER: AB 870	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 2, 2001
	AMENDED IN ASSEMBLY  APRIL 19, 2001

INTRODUCED BY   Assembly Member Wesson
   (Coauthors:  Assembly Members Calderon, Maddox, Nation, Pescetti,
and Reyes)

                        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 amended, Wesson.  Public utilities:  automatic calling
equipment. 
   Existing  
   (1) 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 require the commission to
establish, before July 1, 2002, an acceptable error rate for
telephone connections made in violation of that prohibition.  Because
a violation of a requirement of the commission is a crime, this
bill, by requiring the commission to establish the error rate, would
change the definition of a crime, thereby imposing a state-mandated
local program.  The bill would authorize the commission to
require any person operating that specified equipment to maintain
prescribed records for submission to the commission.  
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:   no   yes .



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 1.   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
  shall  establish an acceptable error rate for
telephone connections made in violation of subdivision (a).  The
commission shall determine the error rate, if any, before July 1,
2002.
   (c) The commission may require any person operating 
automatic dialing announcing devices to maintain records of 
 equipment as described in subdivision (a) 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.  
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.