00HOUSE BILL NO. 403                                                                                                      
01 "An Act relating to consumer protection involving contracts for the sale, transfer,                                     
02 or assignment of used motor vehicles and involving telephonic solicitations."                                           
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 45.45.400(a) is amended to read:                                                                    
05  (a)  A person engaged in the business of selling used motor vehicles may not                                         
06 enter into a contract to sell, transfer, or assign a [THE OWNER'S TITLE OR                                         
07 INTEREST IN THE] used motor vehicle to a person who resides in an area subject                                        
08 to a state-approved emission inspection program established under AS 46.14.400 or                                       
09 46.14.510 and who intends to use the vehicle in that area, unless, before entering into                                
10 the contract, the person engaged in the business of selling used motor vehicles                                         
11   (1)  provides the prospective buyer, transferee, or assignee with a                                                  
12 valid copy of [THE VEHICLE HAS] a certificate of compliance or noncompliance for                                      
13 the vehicle as required under the air pollution control requirements applicable in that                                
14 area; and                                                                                                              

01   (2)  obtains from the prospective buyer, transferee, assignee, or the                                                
02 agent of the prospective buyer, transferee, or assignee, a signed, written                                              
03 acknowledgment that the prospective buyer, transferee, assignee, or the agent of                                        
04 the prospective buyer, transferee, or assignee, has received a copy of the                                              
05 certificate of compliance or noncompliance as required by (1) of this subsection.                                      
06    * Sec. 2.  AS 45.63.080(14) is repealed and reenacted to read:                                                       
07   (14)  of property from a mail order catalog if the person making the                                                 
08 solicitation does not initiate contact with prospective customers by telephonic means,                                  
09 if contact by telephonic means is initiated by the prospective customer in response to                                  
10 the catalog, and if during the contact the person making the solicitation does not make                                 
11 a further solicitation; in this paragraph,                                                                              
12   (A)  "further solicitation" does not include providing the                                                          
13 prospective customer with information about, or attempting to sell, another item                                        
14 included in the same mail order catalog that prompted the prospective                                                   
15 customer's contact;                                                                                                     
16   (B)  "mail order catalog" means a publication that                                                                  
17   (i)  is published one or more times a year;                                                                        
18   (ii)  is delivered to prospective customers;                                                                       
19   (iii)  describes or pictures the items for sale and                                                                
20 prominently provides the specific price of each item;                                                                   
21   (iv)  includes the business name, address, and telephone                                                           
22 number of the person who owns and produces the publication;                                                             
23   (v)  includes instructions to prospective buyers on how                                                            
24 to order products from the publication;                                                                                 
25   (vi)  includes 10 or more pages of written material and                                                            
26 illustrations;                                                                                                          
27   (vii)  is distributed in this state; and                                                                           
28   (viii)  has an annual mail circulation of 10,000 or more                                                           
29 copies;