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CSHB 448(L&C): "An Act relating to establishing a data base of residential telephone customers who do not wish to receive telephonic solicitations, providing that the data base be compiled at no cost to the customers, requiring paid telephonic sellers to purchase the data base, requiring telephonic sellers to identify themselves, and requiring telephonic solicitors who are otherwise exempt from registration as telephone solicitors to file with the Department of Law and purchase the data base; and providing for an effective date."

00                       CS FOR HOUSE BILL NO. 448(L&C)                                                                    
01 "An Act relating to establishing a data base of residential telephone customers who do                                  
02 not wish to receive telephonic solicitations, providing that the data base be compiled at                               
03 no cost to the customers, requiring paid telephonic sellers to purchase the data base,                                  
04 requiring telephonic sellers to identify themselves, and requiring telephonic solicitors                                
05 who are otherwise exempt from registration as telephone solicitors to file with the                                     
06 Department of Law and purchase the data base; and providing for an effective date."                                     
07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
08    * Section 1.  AS 37.05.146(b)(4) is amended by adding a new subparagraph to read:                                  
09                      (AAA)  receipts of the Department of Law from fees for the                                         
10            data base under AS 45.50.475;                                                                                
11    * Sec. 2.  AS 45.50.475(a) is amended to read:                                                                     
12            (a)  A person is in violation of AS 45.50.471(b)(41) if the person                                           
13                 (1)  engages in the telephonic [TELEPHONE] solicitation of a                                        
01       residential telephone customer of a telecommunications company and the customer is                                
02       identified in the data base established under (b) of this section [TELEPHONE                                  
03       DIRECTORY AS NOT WISHING TO RECEIVE TELEPHONE SOLICITATIONS];                                                     
04       or                                                                                                                
05                 (2)  originates a telephone call using an automated or recorded message                                 
06       as a telephonic advertisement or solicitation.                                                                    
07    * Sec. 3.  AS 45.50.475(b) is repealed and reenacted to read:                                                      
08            (b)  A data base of telephone numbers of residential customers who do not                                    
09       wish to receive telephonic solicitations shall be established and maintained by an                                
10       administrator under contract with the attorney general.  The attorney general shall                               
11       advertise for bids for the contract and shall include in the contract provisions to                               
12       reimburse the attorney general for meeting the department's obligations under this                                
13       section and any other provisions that the attorney general determines are in the public                           
14       interest.  The administrator shall make the data base available for a fee to those                                
15       persons intending to engage in telephonic solicitations, including persons required to                            
16       purchase the data base under AS 45.63.010 and 45.63.080.  The fees charged by the                                 
17       administrator for the data base shall cover the costs of creating, updating, and                                  
18       maintaining the data base.  The fee for a data base and updates may not exceed $750                               
19       annually.  Fees paid to the administrator shall be considered income to the                                       
20       administrator in the manner specified in the contract.  A residential customer may add                            
21       the customer's personal telephone number to the data base, and may withdraw it from                               
22       the data base, by means of a toll-free telephone call to the administrator.  A residential                        
23       customer's notice of objection to telephonic solicitations is effective until withdrawn                           
24       by the customer.  Information contained in the data base shall be used only for the                               
25       purpose of compliance with this section or in a proceeding or action under                                        
26       AS 45.50.471 - 45.50.561 (the unfair trade practices and consumer protection                                      
27       statutes), AS 45.63 (telephonic solicitations), or AS 45.68 (charitable solicitations).                           
28       The information contained in the data base is not open to public inspection or                                    
29       disclosure.  To implement this subsection, the attorney general shall adopt regulations                           
30       that specify                                                                                                      
31                 (1)  the effect of a change of a residential customer's telephone number                                
01       on a notice of objection to telephonic solicitations;                                                             
02                 (2)  the frequency with which the data base is updated;                                                 
03                 (3)  the methods by which a person or entity desiring to make telephone                                 
04       solicitations may obtain access to the data base to avoid calling the telephone numbers                           
05       of residential customers included in the data base;                                                               
06                 (4)  the fees for access to or for paper or electronic copies of the data                               
07       base established under this subsection; and                                                                       
08                 (5)  any other matter relating to the data base that the attorney general                               
09       considers desirable, recognizing the cost to local exchange carriers.                                             
10    * Sec. 4.  AS 45.50.475(d) is amended to read:                                                                     
11            (d)  A person who employs individuals to engage in telephonic                                            
12       [TELEPHONE] solicitations is not liable for the violation of this section                                     
13       [AS 45.50.475] if an employee solicits a residential telephone customer who is                                    
14       identified in the data base [TELEPHONE DIRECTORY] as not wishing to receive                                   
15       telephonic [TELEPHONE] solicitations if the person established that                                           
16                 (1)  the person has adopted and implemented written procedures to                                       
17       comply with (a) of this section including corrective actions where appropriate;                                   
18                 (2)  the person has trained its personnel in the procedures established                                 
19       under (1) of this subsection;                                                                                     
20                 (3)  the call that violated this section [AS 45.50.475] was made                                    
21       contrary to the procedures and policies established by the person; and                                            
22                 (4)  calls on behalf of the person that result in violations of this section                        
23       [AS 45.50.475] are infrequent.                                                                                    
24    * Sec. 5.  AS 45.50.475(e) is amended to read:                                                                     
25            (e)  An individual who solicits a residential telephone customer who is                                      
26       identified in the data base [TELEPHONE DIRECTORY] as not wishing to receive                                   
27       telephonic [TELEPHONE] solicitations is not liable for the violation of this section                      
28       [AS 45.50.475] if the individual establishes that the individual did not intend to make                           
29       a call in violation of this section [AS 45.50.475] and did not recklessly disregard                           
30       information or policies and procedures that would have avoided the improper call.                                 
31    * Sec. 6.  AS 45.50.475(f) is amended to read:                                                                     
01            (f)  Local exchange telecommunications companies shall inform residential                                    
02       customers of the provisions of this section.  Notification shall [MAY] be made by                             
03                 (1)  annual inserts in the billing statements mailed to residential                                     
04       customers; and [OR]                                                                                           
05                 (2)  conspicuous publication of the notice in the consumer information                                  
06       pages of local telephone directories.                                                                             
07    * Sec. 7.  AS 45.50.475(g)(3) is amended to read:                                                                  
08                 (3)  "telephonic [TELEPHONE] solicitation"                                                          
09                      (A)  means the solicitation by a person by telephone of a                                          
10            customer at the residence of the customer for the purpose of encouraging the                                 
11            customer to purchase property, goods, or services, or make a donation;                                       
12                      (B)  does not include                                                                              
13                           (i)  calls made in response to a request or inquiry by the                                    
14                 called customer or communication made during a call made by the                                         
15                 customer;                                                                                               
16                           (ii)  calls made by a charitable organization, a public                                       
17                 agency, or volunteers on behalf of the charitable organization or public                                
18                 agency to members of the organization or agency or to persons who,                                      
19                 within the last 24 months, have made a donation to the organization or                                  
20                 agency or expressed an interest in making a donation;                                                   
21                           (iii)  calls limited to soliciting the expression of ideas,                                   
22                 opinions, or votes;                                                                                     
23                           (iv)  business-to-business calls; or                                                          
24                           (v)  a person soliciting business from prospective                                            
25                 purchasers who have, within the last 24 months, purchased from the                                      
26                 person making the solicitation or from the business enterprise for which                                
27                 the person is calling but only if the person or business enterprise has                                 
28                 not received a written request from the prospective purchaser asking                                    
29                 that telephonic [TELEPHONE] solicitations cease; the person or                                      
30                 business enterprise is presumed to have received a written request no                                   
31                 later than 10 days after the prospective purchaser mailed it, properly                                  
01                 addressed and with the appropriate postage.                                                             
02    * Sec. 8.  AS 45.50.475 is amended by adding a new subsection to read:                                             
03            (h)  A person required to register under AS 45.63.010 or a person who is                                     
04       exempt from registration under AS 45.63.080 shall purchase the appropriate data base                              
05       from the attorney general or from an entity with which the attorney general has                                   
06       entered into a contract, as provided in AS 45.63.010 or 45.63.080.                                                
07    * Sec. 9.  AS 45.63.010(b) is amended to read:                                                                     
08            (b)  To register under (a) of this section, a person shall file with the department                          
09                 (1)  a notice of intent to engage in a solicitation campaign; a separate                                
10       notice of intent shall be filed for each solicitation campaign;                                                   
11                 (2)  an irrevocable consent appointing the department the person's agent                                
12       for the receipt of service of process in a court action or other proceeding against the                           
13       person, or the successor in interest of the person, for a violation of this chapter; [AND]                        
14                 (3)  a request and payment for the appropriate data base compiled                                   
15       under AS 45.50.475(b) of the telephone numbers of residential customers who do                                
16       not wish to receive telephonic solicitations; and                                                             
17                 (4)  a signed statement that the person has read and will comply with                               
18       this chapter and the regulations adopted under this chapter.                                                      
19    * Sec. 10.  AS 45.63.010(c) is amended to read:                                                                    
20            (c)  Registration under (b) of this section is not complete until the telephonic                             
21       seller receives an acknowledgement from the department that the seller has complied                               
22       with (b) of this section and the telephonic seller has the data base of telephone                             
23       numbers of residential customers who do not wish to receive telephonic                                        
24       solicitations.                                                                                                
25    * Sec. 11.  AS 45.63 is amended by adding a new section to read:                                                   
26            Sec. 45.63.045.  Required representations.  The telephonic seller shall inform                             
27       each person called of the registered seller's name and telephone number before making                             
28       any other communications to any person or occupant of the residence called, and shall                             
29       provide that information at any time thereafter if requested by a person at the number                            
30       called.                                                                                                           
31    * Sec. 12.  AS 45.63.080 is amended by adding new subsections to read:                                             
01            (b)  Not less than 30 days before making a telephonic solicitation, as defined in                            
02       AS 45.50.475, a person exempt from this chapter under (a) of this section shall file on                           
03       the form required by the department                                                                               
04                 (1)  a notice of intent with the department to engage in telephonic                                     
05       solicitation;                                                                                                     
06                 (2)  an irrevocable consent appointing the department the person's agent                                
07       for the receipt of service of process in a court action or other proceeding against the                           
08       person for a violation of this section; and                                                                       
09                 (3)  a request and payment for the appropriate data base compiled under                                 
10       AS 45.50.475(b) of the telephone numbers of residential customers who do not wish to                              
11       receive telephonic solicitation.                                                                                  
12            (c)  A person exempt from this chapter under (a) of this section may not                                     
13       engage in telephonic solicitations until the person receives an acknowledgment from                               
14       the department that the person has complied with (b) of this section.                                             
15            (d)  A person exempt from this chapter under (a) of this section is required to                              
16       comply with (b) of this section each calendar year in which the person makes                                      
17       telephonic solicitations.                                                                                         
18            (e)  A charitable organization that is registered to make solicitations under                                
19       AS 45.68 and is acting in a capacity that is covered by the registration is exempt from                           
20       the requirements of (b) - (d) of this section.                                                                    
21            (f)  A violation of (b) - (d) of this section constitutes an unfair or deceptive act                         
22       or practice under AS 45.50.471.                                                                                   
23    * Sec. 13.  AS 45.50.475(c) is repealed.                                                                           
24    * Sec. 14.  The uncodified law of the State of Alaska is amended by adding a new section to                        
25 read:                                                                                                                   
26       TRANSITIONAL PROVISIONS:  REGULATIONS.  Notwithstanding sec. 15 of this                                           
27 Act, the attorney general may proceed to adopt regulations necessary to implement this Act.                             
28 The regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the                           
29 effective date of secs. 1 - 13 of this Act.                                                                             
30    * Sec. 15.  Sections 1 - 13 of this Act take effect July 1, 2003.                                                  
31    * Sec. 16.  Section 14 of this Act takes effect immediately under AS 01.10.070(c).