SCS CSHB 109(FIN): "An Act relating to telephone solicitations, advertisements, and directory listings and relating to political polling and campaigning by telephone."
00SENATE CS FOR CS FOR HOUSE BILL NO. 109(FIN) 01 "An Act relating to telephone solicitations, advertisements, and directory listings 02 and relating to political polling and campaigning by telephone." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 15.13 is amended by adding a new section to read: 05 Sec. 15.13.095. FALSE STATEMENTS IN TELEPHONE POLLING AND 06 CALLS TO CONVINCE. (a) A candidate who is damaged as the result of a false 07 statement about the candidate made with knowledge that it was false, or with reckless 08 disregard for whether it was false or not, made as part of a telephone poll or an 09 organized series of calls, and made with the intent to convince potential voters 10 concerning the outcome of an election in which the candidate is running may recover 11 damages in an action in superior court under this section against the individual who 12 made the telephone call, the individual's employer, and the person who contracted for 13 or authorized the poll or calls to convince. However, the employer of the individual 14 or the person who contracted for or authorized the poll or calls to convince is liable
01 to the defamed candidate only if the employer or person authorized the statement to 02 be made, knowing that it was false or with reckless disregard for whether it was false 03 or not, as part of the poll or calls to convince. 04 (b) The court may award damages, including punitive damages. If the court 05 finds that the result of the statement places the integrity of the election process in 06 substantial doubt, the eligibility of the successful candidate to hold the office to which 07 elected shall be determined as provided in AS 15.56.110(b) or, in the case of a 08 candidate for governor or lieutenant governor, by impeachment under art. II, sec. 20, 09 Constitution of the State of Alaska. 10 * Sec. 2. AS 15.56 is amended by adding a new section to read: 11 Sec. 15.56.025. TELEPHONE CAMPAIGN MISCONDUCT. (a) A person 12 commits the crime of telephone campaign misconduct if the person makes a statement 13 about a candidate 14 (1) as part of an organized telephone poll or organized series of calls 15 to convince potential voters concerning the outcome of an election; 16 (2) that the person knows to be false; and 17 (3) that the person intends to affect the outcome of the election. 18 (b) Violation of this section is a corrupt practice. However, notwithstanding 19 AS 15.20.540, only a defeated candidate may contest the nomination or election of a 20 person for violation of this section. 21 (c) Telephone campaign misconduct is a class A misdemeanor. 22 * Sec. 3. AS 45.50.471(b) is amended by adding a new paragraph to read: 23 (41) failing to comply with AS 45.50.475. 24 * Sec. 4. AS 45.50 is amended by adding a new section to read: 25 Sec. 45.50.475. UNLAWFUL, UNWANTED TELEPHONE 26 ADVERTISEMENTS AND SOLICITATIONS. (a) A person is in violation of 27 AS 45.50.471(b)(41) if the person 28 (1) engages in the telephone solicitation of a residential telephone 29 customer of a telecommunications company and the customer is identified in the 30 telephone directory as not wishing to receive telephone solicitations; or 31 (2) originates a telephone call using an automated or recorded message
01 as a telephonic advertisement or solicitation. 02 (b) A local exchange telecommunications company and a company that 03 provides a telephone directory on behalf of a local exchange telecommunications 04 company shall provide for the identification in the telephone directory of those 05 residential customers who do not wish to receive telephone solicitations. The local 06 exchange telecommunications company may impose a reasonable charge for 07 identification in the directory. The charge shall be based on the cost of providing the 08 identification and is subject to the approval of the Alaska Public Utilities Commission. 09 (c) A local exchange telecommunications company shall, upon request, provide 10 to a person who engages in telephone solicitation a list of all telephone numbers 11 identified in the telephone directory as residential customers who do not wish to 12 receive telephone solicitations. If possible and if requested by the person who engages 13 in telephone solicitation, this list shall be provided in computer readable format. The 14 local exchange telephone company may impose a reasonable charge for the list. The 15 charge shall be based on the cost of providing the list and is subject to the approval 16 of the Alaska Public Utilities Commission. 17 (d) A person who employs individuals to engage in telephone solicitations is 18 not liable for the violation of AS 45.50.475 if an employee solicits a residential 19 telephone customer who is identified in the telephone directory as not wishing to 20 receive telephone solicitations if the person establishes that 21 (1) the person has adopted and implemented written procedures to 22 comply with (a) of this section including corrective actions where appropriate; 23 (2) the person has trained its personnel in the procedures established 24 under (1) of this subsection; 25 (3) the call that violated AS 45.50.475 was made contrary to the 26 procedures and policies established by the person; and 27 (4) calls on behalf of the person that result in violations of 28 AS 45.50.475 are infrequent. 29 (e) An individual who solicits a residential telephone customer who is identified 30 in the telephone directory as not wishing to receive telephone solicitations is not liable 31 for the violation of AS 45.50.475 if the individual establishes that the individual did
01 not intend to make a call in violation of AS 45.50.475 and did not recklessly disregard 02 information or policies and procedures that would have avoided the improper call. 03 (f) Local exchange telecommunications companies shall inform residential 04 customers of the provisions of this section. Notification may be made by 05 (1) annual inserts in the billing statements mailed to residential 06 customers; or 07 (2) conspicuous publication of the notice in the consumer information 08 pages of local telephone directories. 09 (g) In this section, 10 (1) "charitable organization" has the meaning given in AS 45.68.900; 11 (2) "customer" means a residential telephone customer of a 12 telecommunications company; 13 (3) "telephone solicitation" 14 (A) means the solicitation by a person by telephone of a 15 customer at the residence of the customer for the purpose of encouraging the 16 customer to purchase property, goods, or services, or make a donation; 17 (B) does not include 18 (i) calls made in response to a request or inquiry by the 19 called customer or communications made during a call made by the 20 customer; 21 (ii) calls made by a charitable organization, a public 22 agency, or volunteers on behalf of the charitable organization or public 23 agency to members of the organization or agency or to persons who, 24 within the last 24 months, have made a donation to the organization or 25 agency or expressed an interest in making a donation; 26 (iii) calls limited to soliciting the expression of ideas, 27 opinions, or votes; 28 (iv) business-to-business calls; or 29 (v) a person soliciting business from prospective 30 purchasers who have, within the last 24 months, purchased from the 31 person making the solicitation or from the business enterprise for which
01 the person is calling but only if the person or business enterprise has 02 not received a written request from the prospective purchaser asking 03 that telephone solicitations cease; the person or business enterprise is 04 presumed to have received a written request no later than 10 days after 05 the prospective purchaser mailed it, properly addressed and with the 06 appropriate postage; 07 * Sec. 5. AS 45.50.472 is repealed.