BILL NUMBER: AB 870	ENROLLED
	BILL TEXT

	PASSED THE ASSEMBLY  SEPTEMBER 12, 2001
	PASSED THE SENATE  SEPTEMBER 6, 2001
	AMENDED IN SENATE  SEPTEMBER 4, 2001
	AMENDED IN SENATE  AUGUST 28, 2001
	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, Wesson.  Public utilities:  automatic calling equipment.
   (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, 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  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, is available for the person called.
   (b) Notwithstanding subdivision (a), the commission 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 equipment as
described in subdivision (a) to maintain records of telephone
connections made for which no person, acting as an agent or
telemarketer, 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.