BILL NUMBER: SB 19 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 25, 2011
INTRODUCED BY Senator Blakeslee
DECEMBER 6, 2010
An act to add Section 84311 to the Government Code,
relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
SB 19, as amended, Blakeslee. Political Reform Act of 1974:
campaign telephone calls automated campaign
telephone calls .
Under existing law, a person may not make automated telephone
calls without satisfying the requirements of state law and the
federal Telephone Consumer Protection Act of 1991, which require,
among other things, that the automated caller obtain the prior
consent of the persons to whom the calls are directed.
Existing provisions of the Political Reform Act of 1974 prohibit a
candidate, committee, or slate mailer organization from expending
campaign funds, directly or indirectly, to pay for telephone calls
that are similar in nature and aggregate 500 or more in number, made
by an individual, or individuals, or by electronic means and that
advocate support of, or opposition to, a candidate, ballot measure,
or both, unless during the course of each call the name of the
organization that authorized or paid for the call is disclosed to the
recipient of the call, except as specified.
This bill would make it unlawful for any person to make an
automated campaign telephone call, as defined, to any person who has
elected to have his or her name and phone number placed on the
California Political Robocall Do Not Call List, which the bill would
require the Secretary of State to establish, manage, and maintain.
The bill would provide that the list shall contain the names and
phone numbers of registered voters who have elected to be on the
list. The bill would require the Secretary of State to place on voter
registration cards and online voter registration Web sites a space
providing an option for a registered voter to elect to place their
name and phone number on the list
This bill would require the Secretary of State to make a copy of
the list, and any parts thereof, available to certain persons who are
seeking to make automated campaign telephone calls upon payment of a
fee by those persons. The bill would require the Secretary of State
to determine the amount of the fee to be charged. The bill would
prohibit the fee from exceeding the Secretary of State's cost of
managing and maintaining the list.
This bill would require county elections officials, in the
implementation of this bill, to cooperate with the Secretary of
State, vendors, and any voter registration agency.
By changing the duties of county elections officials, this bill
would impose a state-mandated local program.
Existing provisions of the Political Reform Act of 1974 make a
violation of the act subject to administrative, civil, and criminal
penalties.
This bill would provide that a violation of the above provisions
pertaining to automated campaign telephone calls shall not subject a
person to criminal liability.
This bill would provide that the above-described provisions shall
not become operative until 90 days after the date the Secretary of
State certifies that the state has a statewide voter registration
database that complies with certain requirements of federal law.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
The Political Reform Act of 1974, an initiative measure, provides
that the Legislature may amend the act to further the act's purposes
upon a 2/3 vote of each house and compliance with specified
procedural requirements.
This bill would declare that it furthers the purposes of the act.
The Political Reform Act of 1974 provides for the comprehensive
regulation of political campaigns and campaign financing.
This bill would state the intent of the Legislature to enact
legislation regulating automated and prerecorded telephone calls
regarding candidates for public office and ballot measures.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 84311 is added to the
Government Code , to read:
84311. (a) This section shall be known and may be cited as the
"California Political Robocall Do No Call List Act."
(b) (1) For purposes of this section, "automated campaign
telephone call" means an automated telephone call made to a live
person or voicemail or other answering machine device using an
automatic dialing-announcing device, as defined in Section 2871 of
the Public Utilities Code, or a text message sent to a cellular
telephone subscriber using any type of automatic equipment that
advocates support of, or opposition to, a candidate, ballot measure,
or both.
(2) For purposes of this section, "list" means the California
Political Robocall Do Not Call List.
(c) (1) It shall be unlawful for any person to make an automated
campaign telephone call to any person who has elected to have his or
her name and phone number placed on the California Political Robocall
Do Not Call List described in subdivision (d).
(2) This section applies to all automated campaign telephone calls
made to California residents, regardless of whether the source of
the telephone call is in-state or out-of-state.
(3) This section does not prohibit telephone calls made, or test
messages sent, directly by a live person, including a candidate,
campaign volunteer, or campaign employee.
(4) A person who receives an automated campaign telephone call in
violation of this section may notify the Commission of the violation.
(d) (1) The Secretary of State shall establish, manage, and
maintain the California Political Robocall Do Not Call List, which
shall contain the names and phone numbers of registered voters who
have elected to be on the list.
(2) If a registered voter who has elected to be on the list would
like his or her name and phone number removed from the list, he or
she must submit a letter in writing or through the Secretary of State'
s Internet Web site indicating his or her desire to be removed from
the list. The Secretary of State shall remove the individual's name
from the list within a reasonable time from when he or she receives
the request.
(3) If an individual reregisters to vote for any reason, including
changing party affiliation or residence, he or she must indicate on
the voter registration card his or her desire to maintain his or her
name and phone number on the list.
(4) An individual electing to have his or her name and phone
number placed on the list or removed from the last shall not be
charged a fee.
(e) (1) The Secretary of State shall place in the following
locations a space providing an option for a registered voter to elect
to place their name and phone number on the list:
(A) Voter registration cards.
(B) Online voter registration Web sites.
(2) (A) The Secretary of State shall have available, on the date
this section becomes operative, voter registration cards that include
the option described in paragraph (1).
(B) The Secretary of State may continue to distribute any voter
registration cards printed before this section became operative that
do not contain the option described in paragraph (1) until those
voter registration cards have all been distributed.
(f) (1) The Secretary of State shall, upon payment of a fee, make
a copy of the list, and any parts thereof, available to any persons
listed in paragraph (3) of subdivision (a) of Section 2194 of the
Elections Code who are seeking to make automated campaign telephone
calls.
(2) The Secretary of State shall determine the amount of the fee
to be charged. The fee shall not exceed the Secretary of State's cost
of managing and maintaining the list. If the aggregate amount of
fees collected in a fiscal year exceeds the Secretary of State's cost
of maintaining and managing the list, the amount of the fee shall be
adjusted by the Secretary of State for the next fiscal year.
(g) Notwithstanding subdivision (f), a person listed in paragraph
(3) of subdivision (a) of Section 2194 shall be entitled, once per
year, to receive a copy of names and phone numbers from the list from
up to five areas codes without paying a fee to the Secretary of
State.
(h) In implementing this section, county elections officials shall
cooperate with the Secretary of State, vendors, and any voter
registration agency designated as such pursuant to the National Voter
Registration Act of 1973 (42 U.S.C. Sec. 1973gg et seq.).
(i) The Secretary of State may contract with an outside source to
implement this section.
(j) Notwithstanding Section 91000, a violation of this section
shall not subject a person to criminal liability.
(k) This section shall not become operative until 90 days after
the date the Secretary of State certifies that the state has a
statewide voter registration database that complies with the
requirements of the federal Help America Vote Act of 2002 (42 U.S.C.
Sec. 15301 et seq.).
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SEC. 3. The Legislature finds and declares that
this bill furthers the purposes of the Political Reform Act of 1974
within the meaning of subdivision (a) of Section 81012 of the
Government Code.
SECTION 1. It is the intent of the Legislature
to enact legislation regulating automated and prerecorded telephone
calls regarding candidates for public office and ballot measures.