BILL ANALYSIS
AB 1184
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Date of Hearing: May 11, 2009
ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
Felipe Fuentes, Chair
AB 1184 (Adams) - As Amended: May 7, 2009
SUBJECT : Automatic dialing-announcing devices.
SUMMARY : Adds government officials making calls for government
purposes to the list of organizations that are not prohibited
from operating automatic dialing-announcing devices (ADADs).
EXISTING LAW :
1)Defines "ADAD" as automatic equipment which incorporates a
storage capability of telephone numbers to be called or a
random or sequential number generator capable of producing
numbers to be called and the capability to disseminate a
prerecorded message to the telephone number called.
2)Provides that no person shall operate an ADAD to place a
telephone call between hours of 9:00 p.m. and 9:00 a.m.
3)Provides that ADADs may only be used to place calls to persons
who have consented to hear the prerecorded message on the
ADAD.
4)Provides that the above provisions do not apply to:
a) A school contacting parents of students regarding
attendance.
b) A cable television system contacting customers or
subscribers regarding the previously arranged
installation of facilities.
c) A public utility contacting customers regarding the
previously arranged installation of facilities or
contacting employees for emergency actions.
d) A petroleum refinery, chemical plant, or nuclear
power plant advising residents, public service agencies,
and the news media of a life-threatening emergency.
e) Law enforcement agencies, fire protection agencies,
or public heath agencies providing information relating
AB 1184
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to public safety.
f) Business or person that has an established
relationship with the person using the ADAD.
THIS BILL : Adds state or local government officials making
calls for government purposes to the list of organizations that
are not subject to the ADAD provisions.
FISCAL EFFECT : None.
COMMENTS : According to the author's office, the purpose of
this bill is to clarify that government agencies can contact
residents concerning government business using ADADs.
1) Background : ADADs are devices that atomically call either a
preprogrammed list or a random list of telephone numbers and
then play a prerecorded message when the call is connected.
These systems are widely used in a number of situations today.
Local public safety agencies and major oil refineries use ADADs
to operate "Reverse 911" systems where they call residents to
notify them of an emergency and to provide information on what
the residents should do during the emergency. Many schools use
ADADs to contact parents regarding attendance.
Some businesses use ADADs to contact prospective customers;
however, most of these types of calls violate both federal and
state laws regarding the use of ADADs. California law requires
a business to have a preexisting relationship with the person
receiving the call or to have a live person first connect the
call and ask the person receiving the call if they wish to hear
a recorded message. The California Public Utilities Commission
(PUC) has jurisdiction to enforce violations of the California
statute. The PUC requires customers with concerns about ADAD
violations to contact their own telephone company first and the
PUC will only intercede if the telephone company is not able to
resolve the situation.
2) It can be important but not an emergency : A number of state
agencies have begun using ADADs to notify residents of community
meetings. Current law is ambiguous whether these types of calls
are allowed. The bill clarifies the statute to specifically
allow the use of ADAD devices for this situation.
REGISTERED SUPPORT / OPPOSITION :
AB 1184
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Support
None on file.
Opposition
None on file.
Analysis Prepared by : Edward Randolph / U. & C. / (916)
319-2083