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HB 448: "An Act relating to establishing a data base of residential telephone customers who do not wish to receive telephone solicitations, providing that the data base be compiled at no cost to the customers, requiring telephone solicitors to purchase the data base, and requiring paid solicitors to register; and providing for an effective date."

00                             HOUSE BILL NO. 448                                                                          
01 "An Act relating to establishing a data base of residential telephone customers who do                                  
02 not wish to receive telephone solicitations, providing that the data base be compiled at                                
03 no cost to the customers, requiring telephone solicitors to purchase the data base, and                                 
04 requiring paid solicitors to register; and providing for an effective date."                                            
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1.  AS 45.50.475(b) is amended to read:                                                                  
07            (b)  A local exchange telecommunications company and a company that                                          
08       provides a telephone directory on behalf of a local exchange telecommunications                                   
09       company shall provide for the identification in the telephone directory of those                                  
10       residential customers who do not wish to receive telephone solicitations.  The local                              
11       exchange telecommunications company may not impose a [REASONABLE] charge                                      
12       for identification in the directory.  [THE CHARGE SHALL BE BASED ON THE                                           
13       COST OF PROVIDING THE IDENTIFICATION AND IS SUBJECT TO THE                                                        
01       APPROVAL OF THE REGULATORY COMMISSION OF ALASKA.]                                                                 
02    * Sec. 2.  AS 45.50.475(c) is repealed and reenacted to read:                                                      
03            (c)  The attorney general shall establish and provide for the operation of a data                            
04       base that compiles a list of telephone numbers of residential subscribers who do not                              
05       wish to receive telephone solicitations.  A residential subscriber's notice of objection                          
06       shall be effective until withdrawn by the subscriber.  The data base may be operated                              
07       by the attorney general or by another entity under contract with the attorney general.                            
08       The charge for the data base shall be based on the state's cost of providing the                                  
09       identification and the administrative costs of maintaining the data base and may                                  
10       include the cost of reimbursing local exchange telecommunications companies for                                   
11       costs of providing the identification.  Information contained in the data base                                    
12       established under this subsection shall be used only for the purpose of compliance                                
13       with this section or in a proceeding or action.  The information contained in the data                            
14       base is not open to public inspection or disclosure.  To implement this subsection, the                           
15       attorney general shall adopt regulations that specify                                                             
16                 (1)  the methods by which each residential subscriber may give notice                                   
17       to the attorney general or its contractor of the residential subscriber's                                         
18                      (A)  objection to receiving telephone solicitations; or                                            
19                      (B)  revocation of such notice;                                                                    
20                 (2)  the effect of a change of telephone number on a notice of objection;                               
21                 (3)  the methods by which objections and revocations shall be collected                                 
22       and added to the data base;                                                                                       
23                 (4)  the methods by which a person or entity desiring to make telephone                                 
24       solicitations may obtain access to the data base to avoid calling the telephone numbers                           
25       of residential subscribers included in the data base;                                                             
26                 (5)  the fees for access to or for paper or electronic copies of the data                               
27       base established under this section; and                                                                          
28                 (6)  any other matter relating to the data base that the attorney general                               
29       considers desirable.                                                                                              
30    * Sec. 3.  AS 45.50.475(f) is amended to read:                                                                     
31            (f)  Local exchange telecommunications companies shall inform residential                                    
01       customers of the provisions of this section.  Notification shall [MAY] be made by                             
02                 (1)  annual inserts in the billing statements mailed to residential                                     
03       customers; and [OR]                                                                                           
04                 (2)  conspicuous publication of the notice in the consumer information                                  
05       pages of local telephone directories.                                                                             
06    * Sec. 4.  AS 45.50.475 is amended by adding a new subsection to read:                                             
07            (h)  A person required to register under AS 45.63.010 shall purchase the                                     
08       appropriate data base from the attorney general or from an entity with which the                                  
09       attorney general has entered into a contract.                                                                     
10    * Sec. 5.  AS 45.63.010(b) is amended to read:                                                                     
11            (b)  To register under (a) of this section, a person shall file with the department                          
12                 (1)  a notice of intent to engage in a solicitation campaign; a separate                                
13       notice of intent shall be filed for each solicitation campaign;                                                   
14                 (2)  an irrevocable consent appointing the department the person's agent                                
15       for the receipt of service of process in a court action or other proceeding against the                           
16       person, or the successor in interest of the person, for a violation of this chapter; [AND]                        
17                 (3)  a request and payment for the appropriate data base compiled                                   
18       under AS 45.50.475(c) of the telephone numbers of residential subscribers who                                 
19       do not wish to receive telephone solicitation; and                                                            
20                 (4)  a signed statement that the person has read and will comply with                               
21       this chapter and the regulations adopted under this chapter.                                                      
22    * Sec. 6.  AS 45.63.010 is amended by adding a new subsection to read:                                             
23            (f)  A paid solicitor shall register with the Department of Law at least 30 days                             
24       before making telephone solicitations for a solicitation campaign.                                                
25    * Sec. 7.  AS 45.63.100 is amended by adding a new paragraph to read:                                              
26                 (7)  "paid solicitor" means a person who is paid to make telephonic                                     
27       solicitations on behalf of another person who is not the person's employer; an                                    
28       employee of a person selling or attempting to sell property or services is not a paid                             
29       solicitor for the person's employer; an employee of a paid solicitor who makes                                    
30       telephonic contact with  buyers is not required to register individually as a telephonic                          
31       seller.                                                                                                           
01    * Sec. 8.  The uncodified law of the State of Alaska is amended by adding a new section to                         
02 read:                                                                                                                   
03       TRANSITIONAL PROVISIONS:  REGULATIONS.  Notwithstanding sec. 9 of this                                            
04 Act, the attorney general may proceed to adopt regulations necessary to implement                                       
05 AS 45.50.475(c), as amended by sec. 2 of this Act.  The regulations take effect under                                   
06 AS 44.62 (Administrative Procedure Act), but not before the effective date of sec. 2 of this                            
07 Act.                                                                                                                    
08    * Sec. 9.  Sections 1 - 5 of this Act take effect January 1, 2003.                                                 
09    * Sec. 10.  Section 8 of this Act takes effect immediately under AS 01.10.070(c).