BILL ANALYSIS
AB 2944
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2944 (Kehoe)
As Amended August 28, 2002
Majority vote
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|ASSEMBLY: | |(May 16, 2002) |SENATE: |39-0 |(August 29, |
| | | | | |2002) |
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(vote not relevant)
Original Committee Reference: U. & C.
SUMMARY : Deletes the existing state law prohibiting unsolicited
fax advertisements. (This is intended to ensure that federal
law will prevail, and federal law prohibits unsolicited fax
advertisements.)
The Senate amendments delete the previous Assembly version of
this bill, and instead eliminate the existing state law
prohibiting unsolicited fax advertisements.
EXISTING LAW :
1)Regulates false and misleading advertising and business
practices and subjects violators to both civil and criminal
penalties.
2)Prohibits unsolicited fax advertisements unless the person
sending the fax meets specified requirements.
3)Specifies that no person or entity conducting business in this
state shall fax documents consisting of unsolicited
advertising material promoting specified services unless that
person or entity establishes a toll-free telephone number.
Recipients of unsolicited fax material may call the toll-free
telephone number to advise the sender to discontinue the
unsolicited faxes.
4)Specifies that all unsolicited fax documents shall include a
statement informing the recipient of an established toll-free
telephone number, or valid return address that can be used to
call or write to notify the sender to discontinue the
unsolicited faxes. The statement shall be located in the
opening text of the message and shall be displayed in the same
AB 2944
Page 2
size font as the rest of the text in the message.
5)Provides that, upon notification by a recipient of his or her
request not to receive any further unsolicited faxed
documents, no person or entity conducting business in this
state shall fax any unsolicited documents to that recipient.
AS PASSED BY THE ASSEMBLY , this bill required the California
Energy Commission (CEC) to report to the Legislature by January
2005 on the results of a solar streetlighting pilot program in
San Diego if the city would have decided to conduct the program.
The report was to have included an analysis of the costs and
benefits of the materials and equipment used in the pilot
program and the implications for statewide implementation of the
program.
FISCAL EFFECT : Unknown
COMMENTS : This bill was substantially amended in the Senate and
the Assembly-approved provisions of this bill were deleted.
This bill as amended in the Senate is inconsistent with Assembly
actions.
The Senate amendments are virtually identical to SB 1358 (Bowen)
that was defeated twice in the Assembly Business and Professions
Committee earlier this year.
Analysis Prepared by : Chris L. Gallardo / B. & P. / (916)
319-3301
FN: 0007645