BILL NUMBER: AB 2721 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 25, 2000
AMENDED IN SENATE JULY 5, 2000
AMENDED IN SENATE JUNE 26, 2000
AMENDED IN ASSEMBLY MAY 22, 2000
AMENDED IN ASSEMBLY MAY 10, 2000
AMENDED IN ASSEMBLY APRIL 5, 2000
AMENDED IN ASSEMBLY MARCH 29, 2000
INTRODUCED BY Assembly Member Wesson
(Principal coauthor: Assembly Member Longville)
(Coauthor: Assembly Members Alquist and Havice)
(Coauthor: Senator Murray)
FEBRUARY 25, 2000
An act to amend Sections 2872 and 2874 of, and to add Section
2875.5 to, the Public Utilities Code, relating to public utilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 2721, as amended, Wesson. Automatic dialing-announcing
devices.
(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.
Existing law also provides for exemptions from regulation and
time-of-use limitations in various situations, including the
contacting of an established business associate, customer or other
person having an established relationship with the person using the
automatic dialing-announcement device.
This bill would expand the exemptions, as prescribed. The bill
would also state that the requirement that an automatic dialing
announcement message be preceded by an unrecorded natural voice
message does not apply to specified situations.
The bill would prohibit a prerecorded message from being left on
an answering machine, voicemail, or other message recording device.
The bill would prohibit, on and after July 1, 2001, 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.
(2) The bill would make related legislative findings and
declarations.
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, prerecorded messages and 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 2872 of the Public Utilities Code is amended to
read:
2872. (a) The connection of automatic dialing-announcing devices
to a telephone line is subject to this article and to the
jurisdiction, control, and regulation of the commission.
(b) No person shall operate an automatic dialing-announcing device
except in accordance with this article. The use of such a device by
any person, either individually or acting as an officer, agent, or
employee of a person or corporation operating automatic
dialing-announcing devices, is subject to this article.
(c) No person shall operate an automatic dialing-announcing device
in this state to place a call that is received by a telephone in
this state during the hours between 9 p.m. and 9 a.m. California
time.
(d) This article does not prohibit the use of an automatic
dialing-announcing device for any of the following purposes:
(1) A school for purposes of contacting parents or guardians of
pupils regarding attendance.
(2) An exempt organization under the Bank and Corporation Tax Law
(Part 11 (commencing with Section 23001) of Division 2 of the Revenue
and Taxation Code) for purposes of contacting its members.
(3) A privately owned or publicly owned cable television system
for purposes of contacting customers or subscribers regarding the
previously arranged installation of facilities on the premises of the
customer or subscriber.
(4) A privately owned or publicly owned public utility or its
affiliate for purposes of contacting customers or subscribers
regarding the previously arranged installation or ongoing operation
of facilities or services on the premises of the customer or
subscriber or for purposes of contacting employees for emergency
actions or repairs required for public safety or to restore services.
(5) A petroleum refinery, chemical processing plant, or nuclear
powerplant for purposes of advising residents, public service
agencies, and the news media in its vicinity of an actual or
potential life-threatening emergency.
(6) A law enforcement agency, fire protection agency, public
health agency, public environmental health agency, city or county
emergency services planning agency, or any private for-profit agency
operating under contract with, and at the direction of, one or more
of these agencies, placing calls through automatic dialing-announcing
devices, if those devices are used for any of the following
purposes:
(A) Providing public service information relating to public
safety.
(B) Providing information concerning police or fire emergencies.
(C) Providing warnings of impending or threatened emergencies.
(7) A call generated at the request of the recipient.
(8) A call for the purpose of collecting an existing obligation.
(e) This article does not apply to any automatic
dialing-announcing device that is not used to randomly or
sequentially dial telephone numbers, but that is used to transmit a
message to an established business associate, customer, or other
person having an established relationship with the person using the
automatic dialing-announcing device to transmit the message.
(f) The commission may determine any question of fact arising
under this section.
SEC. 3. Section 2874 of the Public Utilities Code is amended to
read:
2874. (a) Except as provided in subdivision (d) or (e) of Section
2872, if telephone calls are placed through the use of an automatic
dialing-announcing device, the device may be operated only after an
unrecorded, natural voice announcement has been made to the person
called by the person calling. The announcement shall do all of the
following:
(1) State the nature of the call and the name, address, and
telephone number of the business or organization being represented,
if any.
(2) Inquire as to whether the person called consents to hear the
prerecorded message of the person calling.
(b) The calling person described in subdivision (a) shall
disconnect the automatic dialing-announcing device from the telephone
line upon the termination of the call by either the person calling
or the person called.
(c) It does not constitute consent of the person called to hear
the prerecorded message of the calling person if the calling person
connects to an answering machine, voicemail, or other message
recording device, and the prerecorded message may not be left on the
answering machine, voicemail, or other message recording device.
SEC. 4. Section 2875.5 is added to the Public Utilities Code, to
read:
2875.5. (a) On and after July 1, 2001, 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, as set forth in
subdivision (d) of Section 2872, 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.