Campaign auto-dialed call procedures debated

Senators began debating a bill on general file Jan. 17 that would create an exemption for automatic dialing-announcing devices used for campaign purposes. The Legislature debated the issue for the remainder of the week.

Currently, political calls made by automatic dialing-announcing devices are overseen by two commissions: the Public Service Commission (PSC)—a regulatory agency whose responsibilities include oversight of the telecommunications industry in the state, and the Nebraska Accountability and Disclosure Commission (NADC)—a regulatory agency that administers and enforces the state’s campaign finance, lobbying and conflict of interest laws.

Any person who uses such a device for a reason other than solicitation is required to register with the PSC and include an explanation of the planned message.

LB418, introduced by Omaha Sen. John Nelson, would amend the current statute to create an exemption from registering automatic dialing-announcing devices with the PSC and would give regulatory authority to the NADC.

Nelson said the NADC has the knowledge and skills to regulate these calls. The current process of regulating automated calls through two separate agencies is inefficient and confusing, he said, so LB418 could simplify this process.

A pending Judiciary Committee amendment would clarify that all political content, regardless of the message, would be exempt from the PSC registration requirements.

Omaha Sen. Heath Mello spoke in opposition to the amendment and the bill, saying they would undo the accountability measure originally put in place to regulate automated dialing calls.

Mello introduced an amendment to the committee amendment Jan. 18 that would require automated calls to provide information immediately preceding the message. This would include the name of the person making the expenditure if the message is being transmitted for a person making an expenditure that is reportable under the Nebraska Political Accountability and Disclosure Act.

“There is nothing wrong with the existing system in my mind,” Mello said. “There is a reasonable protection for consumers when they know who is providing the service and what they are providing it for.”

It could be burdensome to have two separate agencies regulating the process, he said, so the amendment provides a legitimate solution to both issues.

Nelson opposed the Mello amendment, saying that the primary purpose of the PSC is to regulate consumer commerce and solicitations, not political content. The regulatory authority should be placed with the NADC because political dialogue is its point of expertise, he said.

The Mello amendment failed on a 16-25 vote, and Mello filed a motion to reconsider the vote.

“I am open for ideas for efficiency,” he said. “But I also want to make sure that we keep the same consumer protections that we have already put into place.”

The motion to reconsider failed on a 14-27 vote, and Mello filed a motion to bracket the bill.

“If we are going to make massive, wholesale changes to consumer protections on these types of calls, I think we should bracket this bill and explore it over the interim,” Mello said.

Sen. Annette Dubas of Fullerton supported the bracket motion, saying there are no problems with how automated calls currently are regulated.

“If there are changes that need to be made [to the bill], we need to take the time to consider them,” she said. “That is why I think the bracket motion is appropriate.”

Nelson spoke in opposition to the bracket motion, saying the intent of LB418 is to limit regulation on automated calls that are political in nature.

“I think the less regulation we have of free speech the better off we are,” he said.

The motion to bracket LB418 failed on a 17-23 vote as debate continued Jan. 19.

Nelson filed an amendment to the committee amendment that would require eligible persons who make automated calls relating to a political candidate or ballot to register the use of such a message with the NADC.

The name and address of the person paying for the message would be provided, as well as a detailed description of the planned use. Under the amendment, the NADC could not charge a fee for such registration.

Nelson said his amendment would clarify what regulatory authority would be given to the NADC. It would require that statements for the intended use of the message be filed with the NADC, he said, but the amendment would not require a submission of the entire script as the PSC currently requires.

The Nelson amendment was adopted on a 32-7 vote, and Mello filed a motion to reconsider the vote.

“While this [amendment] does improve the bill, it still makes the process less transparent,” Mello said.

The Legislature adjourned before taking further votes. Six additional amendments are pending—five from Mello and one from Omaha Sen. Burke Harr.