BILL ANALYSIS
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THIRD READING
Bill No: AB 1184
Author: Adams (R)
Amended: 7/15/09 in Senate
Vote: 27 - Urgency
SENATE ENERGY, U.&C. COMMITTEE : 11-0, 7/7/09
AYES: Padilla, Benoit, Calderon, Corbett, Cox, Kehoe,
Lowenthal, Simitian, Strickland, Wiggins, Wright
ASSEMBLY FLOOR : 77-0, 5/18/09 (Consent) - See last page
for vote
SUBJECT : Dialing-announcing devices: governmental
officials
SOURCE : Author
DIGEST : This bill adds public officials making calls for
government purposes to the list of organizations that are
not prohibited from operating automatic dialing-announcing
devices. 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. This bill requires the Public Utilities
Commission to determine what is not a governmental purpose.
ANALYSIS : Current law restricts the use of automated
dialing-announcing devices (ADADs) to between 9 a.m. and 9
CONTINUED
AB 1184
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2
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 public
officials for governmental purposes to that list of
exceptions. 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. This bill requires the Public
Utilities Commission to determine what is not a
governmental purpose.
Background
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:
1. Calls by public safety agencies providing information
and warnings regarding emergencies.
2. Calls by schools for contacting parents regarding
attendance.
3. Calls by utilities or cable companies to customers
regarding prearranged customer premise visits.
These provisions are enforced by the Public Utilities
Commission.
Interstate calls are not covered by the ADAD restriction.
Comments
AB 1184
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3
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nava, Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Ruskin, Salas, Silva, Skinner, Smyth,
Solorio, Audra Strickland, Swanson, Torlakson, Torres,
Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Eng, Price, Saldana
DLW:mw 7/15/09 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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