BILL ANALYSIS                                                                                                                                                                                                              1
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                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                                 ALEX PADILLA, CHAIR
          

          AB 1184 -  Adams                                  Hearing Date:   
          June 30, 2009              A
          As Amended:         June 26, 2009                  
          Non-FISCAL/Urgency              B

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                                      DESCRIPTION
           
           Current law  restricts the use of automated dialing-announcing  
          devices to between 9 a.m. and 9 p.m., and requires that the call  
          begin with a live person stating the nature of the call,  
          inquiring whether the called party consents to receiving the  
          call, and disconnecting the call upon request.  There are  
          specified exceptions.

           This bill  adds calls made by state and local governmental  
          officials for governmental purposes to that list of exceptions.

          This is an urgency bill.

                                      BACKGROUND
           
          Automated dialing-announcing devices (ADADs) are used to  
          efficiently and rapidly call people and provide them with a  
          recorded message.  Use of ADADs has been restricted because they  
          facilitate telemarketing without providing a human interface  
          with which the called party can communicate.  

          Exceptions to the ADAD restrictions have been made for public  
          safety and other purposes:

                 calls by public safety agencies providing information  
               and warnings regarding emergencies;
                 calls by schools for contacting parents regarding  
               attendance;
                 calls by utilities or cable companies to customers  











               regarding prearranged customer premise visits.

          These provisions are enforced by the California Public Utilities  
          Commission.  

          Interstate calls are not covered by the ADAD restriction.

                                           



                                      COMMENTS

              1.   This bill facilitates automated telephonic notices to  
               constituents about news and important events.  Without this  
               bill use of an ADAD requires a live communication where the  
               calling party states the nature of the call and requests  
               the consent to play the prerecorded message.

             2.   The bill does not define "state and local governmental  
               officials" and "governmental purpose".  The phrase "public  
               official" is defined in Section 82048 of the Government  
               Code.  Public official includes "every member, officer,  
               employee or consultant of a state or local government  
               agency", though there are specified exceptions for judges  
               and other officials associated with the legal profession.   
               It includes elected state and local officials, but not  
               federal officials.   The author and committee may wish  to  
               use this definition.

             3.   The phrase "governmental purpose" appears not to be  
               defined in law or regulation.  It must be distinct from  
               "political purpose" but is it different from "legislative  
               purpose"?  
                                           
                                   ASSEMBLY VOTES
           
          Assembly Floor                     (77-0)
          Assembly Utilities and Commerce Committee                       
          (14-0)

                                       POSITIONS
           
           Sponsor:










           
          Author

           Support:
           
          None on file

           Oppose:
           
          None on file

          







          Randy Chinn 
          AB 1184 Analysis
          Hearing Date:  June 30, 2009