BILL NUMBER: AB 1184	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 26, 2009
	AMENDED IN ASSEMBLY  MAY 7, 2009

INTRODUCED BY   Assembly Member Adams

                        FEBRUARY 27, 2009

   An act to amend Section 2872 of the Public Utilities Code,
relating to telecommunications  , and declaring the urgency
thereof, to take effect immediately  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1184, as amended, Adams. Automatic dialing-announcing devices:
governmental officials.
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including telephone corporations,
as defined. Existing law authorizes the commission to control and
regulate the use of automatic dialing-announcing devices, which are
automatic equipment that incorporate a storage capability of
telephone numbers to be called or a random or sequential number
generator capable of producing numbers to be called and that is
capable, working alone or in conjunction with other equipment, to
disseminate a prerecorded message to the telephone number being
called. Existing law, with specified exceptions, prohibits the use of
automatic dialing-announcing devices.
   This bill would also exempt from the above prohibition the use of
automatic dialing-announcing devices by a state or local governmental
official for a governmental purpose. 
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: no. State-mandated local program: no.


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

  SECTION 1.  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 by any person exclusively on behalf of any
of the following:
   (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 for
purposes of contacting customers or subscribers regarding the
previously arranged installation of facilities 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 state or local governmental official for a governmental
purpose.
   (e) This article does not prohibit law enforcement agencies, fire
protection agencies, public health agencies, public environmental
health agencies, city or county emergency services planning agencies,
or any private for-profit agency operating under contract with, and
at the direction of, one or more of these agencies, from placing
calls through automatic dialing-announcing devices, if those devices
are used for any of the following purposes:
   (1) Providing public service information relating to public
safety.
   (2) Providing information concerning police or fire emergencies.
   (3) Providing warnings of impending or threatened emergencies.
   These calls shall not be subject to Section 2874.
   (f) 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 solely 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, or to any call generated at the request of the recipient.
   (g) The commission may determine any question of fact arising
under this section.
   SEC. 2.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to allow government officials to more effectively
communicate important information to the public for government
purposes as soon as possible, it is necessary that this act take
effect immediately.