Bill Text: CA SB19 | 2011-2012 | Regular Session | Amended
Bill Title: Political Reform Act of 1974: automated campaign
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB19 Detail]
Download: California-2011-SB19-Amended.html
BILL NUMBER: SB 19 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 26, 2011
AMENDED IN SENATE MARCH 25, 2011
INTRODUCED BY Senator Blakeslee
DECEMBER 6, 2010
An act to amend Section 2150 of the Elections Code, to
add Section 84311 to the Government Code, and to amend Section
2872 of the Public Utilities Code, relating to the Political
Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
F SB 19, as amended, Blakeslee. Political Reform Act of 1974:
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 or that
the call be operated after an unrecorded, natural voice announcement
has been made to the person called by the person calling, as
specified .
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
Frecipient 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
telephone 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. This bill would prohibit these
calls even if the caller obtains the prior consent of the persons to
whom the calls are directed or the call is operated after
an unrecorded, natural voice announcement has been made to the
person called by the person calling. The bill would provide
that the list shall contain the names and phone
telephone 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
Internet Web sites a space providing an option for a registered
voter to elect to place their his or her
name and phone telephone 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.
F This bill would provide that its provision are severable.
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.
F Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
F SECTION 1. Section 2150 of the
Elections Code , as amended by Section 8 of Chapter 1 of
the Statutes of 2009, is amended to read:
2150. (a) The affidavit of registration shall show:
(1) The facts necessary to establish the affiant as an elector.
(2) The affiant's name at length, including his or her given name,
and a middle name or initial, or if the initial of the given name is
customarily used, then the initial and middle name. The affiant's
given name may be preceded, at affiant's option, by the designation
of Miss, Ms., Mrs., or Mr. A person shall not be denied the right to
register because of his or her failure to mark a prefix to the given
name and shall be so advised on the voter registration card. This
subdivision shall not be construed as requiring the printing of
prefixes on an affidavit of registration.
(3) The affiant's place of residence, residence telephone number,
if furnished, and e-mail address, if furnished. No person shall be
denied the right to register because of his or her failure to furnish
a telephone number or e-mail address, and shall be so advised on the
Fvoter registration card. (4) The affiant's mailing address, if different from the place of
residence.
(5) The affiant's date of birth to establish that he or she will
be at least 18 years of age on or before the date of the next
election.
(6) The state or country of the affiant's birth.
(7) (A) In the case of an applicant who has been issued a current
and valid driver's license, the applicant's driver's license number.
(B) In the case of any other applicant, other than an applicant to
whom subparagraph (C) applies, the last four digits of the applicant'
s social security number.
(C) If an applicant for voter registration has not been issued a
current and valid driver's license or a social security number, the
state shall assign the applicant a number that will serve to identify
the applicant for voter registration purposes. To the extent that
the state has a computerized list in effect under this subdivision
and the list assigns unique identifying numbers to registrants, the
number assigned under this subparagraph shall be the unique
identifying number assigned under the list.
(8) The affiant's political party preference.
(9) That the affiant is currently not imprisoned or on parole for
the conviction of a felony.
(10) A prior registration portion indicating whether the affiant
has been registered at another address, under another name, or as
preferring another party. If the affiant has been so registered, he
or she shall give an additional statement giving that address, name,
or party.
(b) The affiant shall certify the content of the affidavit as to
its truth and correctness, under penalty of perjury, with the
signature of his or her name and the date of signing. If the affiant
is unable to write he or she shall sign with a mark or cross.
(c) The affidavit of registration shall also contain a space that
would enable the affiant to state his or her ethnicity or race, or
both. An affiant may not be denied the ability to register because he
For she declines to state his or her ethnicity or race. (d) If any person, including a deputy registrar, assists the
affiant in completing the affidavit, that person shall sign and date
the affidavit below the signature of the affiant.
(e) The affidavit of registration shall also contain a space to
permit the affiant to apply for permanent vote by mail status.
(f) The affidavit of registration shall also contain a space
providing the option described in subdivision (e) of Section 84311 of
Fthe Government Code. (f)
(g) The Secretary of State may continue to supply
existing affidavits of registration to county elections officials
prior to printing new or revised forms that reflect the changes made
to this section by the act that added this subdivision.
SEC. 2. Section 2150 of the Elections
Code , as amended by Chapter 364 of the
Statutes of 2009, is amended to read:
2150. (a) The affidavit of registration shall show:
(1) The facts necessary to establish the affiant as an elector.
(2) The affiant's name at length, including his or her given name,
and a middle name or initial, or if the initial of the given name is
customarily used, then the initial and middle name. The affiant's
given name may be preceded, at affiant's option, by the designation
of Miss, Ms., Mrs., or Mr. A person shall not be denied the right to
register because of his or her failure to mark a prefix to the given
name and shall be so advised on the voter registration card. This
subdivision shall not be construed as requiring the printing of
prefixes on an affidavit of registration.
(3) The affiant's place of residence, residence telephone number,
if furnished, and e-mail address, if furnished. No person shall be
denied the right to register because of his or her failure to furnish
a telephone number or e-mail address, and shall be so advised on the
Fvoter registration card. (4) The affiant's mailing address, if different from the place of
residence.
(5) The affiant's date of birth to establish that he or she will
be at least 18 years of age on or before the date of the next
election. In the case of an affidavit of registration submitted
pursuant to subdivision (d) of Section 2102, the affiant's date of
birth to establish that he or she is at least 17 years of age.
(6) The state or country of the affiant's birth.
(7) (A) In the case of an applicant who has been issued a current
and valid driver's license, the applicant's driver's license number.
(B) In the case of any other applicant, other than an applicant to
whom subparagraph (C) applies, the last four digits of the applicant'
s social security number.
(C) If an applicant for voter registration has not been issued a
current and valid driver's license or a social security number, the
state shall assign the applicant a number that will serve to identify
the applicant for voter registration purposes. To the extent that
the state has a computerized list in effect under this subdivision
and the list assigns unique identifying numbers to registrants, the
number assigned under this subparagraph shall be the unique
identifying number assigned under the list.
(8) The affiant's political party preference.
(9) That the affiant is currently not imprisoned or on parole for
the conviction of a felony.
(10) A prior registration portion indicating whether the affiant
has been registered at another address, under another name, or as
preferring another party. If the affiant has been so registered, he
or she shall give an additional statement giving that address, name,
or party.
(b) The affiant shall certify the content of the affidavit as to
its truth and correctness, under penalty of perjury, with the
signature of his or her name and the date of signing. If the affiant
is unable to write he or she shall sign with a mark or cross.
(c) The affidavit of registration shall also contain a space that
would enable the affiant to state his or her ethnicity or race, or
both. An affiant may not be denied the ability to register because he
For she declines to state his or her ethnicity or race. (d) If a person, including a deputy registrar, assists the affiant
in completing the affidavit, that person shall sign and date the
affidavit below the signature of the affiant.
(e) The affidavit of registration shall also contain a space to
permit the affiant to apply for permanent vote by mail status.
(f) The affidavit of registration shall also contain a space
providing the option described in subdivision (e) of Section 84311 of
Fthe Government Code. (f)
(g) The Secretary of State may continue to supply
existing affidavits of registration to county elections officials
prior to printing new or revised forms that reflect the changes made
to this section by the act that added this subdivision.
SECTION 1. SEC. 3. 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 Not
FCall 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
A person shall not make an automated campaign telephone
call , incl uding an automated campaign telephone
call made under the conditions described in Sections 2873 and 2874 of
the Public Utilities Code, to any person who has elected to
have his or her name and phone telephone
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.
F (5) Nothing in this section shall be construed to permit an
automated campaign telephone call that is otherwise prohibited by
law.
(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 telephone
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 telephone
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
may indicate on the voter registration card his
or her desire to maintain his or her name and phone
telephone number on the list. If the
individual reregisters to vote and does not indicate on the voter
registration card his or her desire to maintain his or her name and
telephone number on the list, the Secretary of State shall remove
that individual's name from the list.
(4) An individual electing to have his or her name and
phone telephone number placed on the list or
removed from the last list 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 his or her name and
phone telephone number on the list:
(A) Voter registration cards.
(B) Online voter registration Internet Web sites.
(2) (A) The Secretary of State shall have available, on the date
this section becomes operative, voter registration cards that include
Fthe 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
Fadjusted 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
telephone numbers from the list from up to five areas
area codes without paying a fee to the Secretary
Fof 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 1993 (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. 4. 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
Fand 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
Fcustomer 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
Fservices. (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.
(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.
(h) Nothing in this section shall be construed to permit an
automated campaign telephone call, as defined in Section 84311 of the
Government Code, to a person who has elected to have his or name and
telephone number placed on the California Political Robocall Do Not
Call List.
SEC. 5. The provisions of this act are severable.
If any provision of this act or its application is held invalid, that
invalidity shall not affect other provisions or applications that
can be given effect without the invalid provision or application.
SEC. 2. SEC. 6. 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
F17500) of Division 4 of Title 2 of the Government Code. SEC. 3. SEC. 7. 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.
