SB 294: "An Act requiring the hunting and fishing license applications and registration and drawing applications to include an opportunity for refusal of telephone solicitation, and making telephone solicitations in violation of the refusal an unlawful act or practice under the Act defining unfair trade practices and consumer protection."
00 SENATE BILL NO. 294 01 "An Act requiring the hunting and fishing license applications and registration and 02 drawing applications to include an opportunity for refusal of telephone solicitation, and 03 making telephone solicitations in violation of the refusal an unlawful act or practice 04 under the Act defining unfair trade practices and consumer protection." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 16.05 is amended by adding a new section to read: 07 Sec. 16.05.332. Opportunity for applicant to refuse telephone solicitation 08 calls. (a) The applications and forms for hunting and fishing licenses and registration 09 and drawing applications must include an opportunity for the applicant to indicate a 10 desire to not receive telephone solicitation calls. A person who expresses this desire on 11 an application or form for a hunting or fishing license or registration or drawing 12 application is protected from unwanted telephone solicitation under AS 45.50.475. 13 (b) If the department compiles a list of applicants for hunting and fishing 14 licenses and registration and drawing applications and make that compilation available
01 to the public, the department shall indicate on the list the names of the applicants who, 02 under (a) of this section, have selected to not receive telephone solicitation calls. 03 * Sec. 2. AS 45.50.475(a) is amended to read: 04 (a) A person is in violation of AS 45.50.471(b)(41) if the person 05 (1) engages in the telephone solicitation of a residential telephone 06 customer of a telecommunications company and the customer is identified in the 07 telephone directory as not wishing to receive telephone solicitations; 08 (2) engages in the telephone solicitation of a customer whose 09 telephone number has been registered with the national do not call registry for the 10 minimum amount of time required by the national do not call registry before the date 11 the call is made; 12 (3) engages in the telephone solicitation of a customer who has 13 previously communicated to the telephone solicitor, or to the business enterprise or 14 charitable organization for which the person is calling, the customer's desire not to 15 receive telephone solicitations to that number; [OR] 16 (4) engages in the telephone solicitation, based on or using a list 17 described in AS 16.05.332(b), of a residential telephone customer who has 18 previously expressed the desire to not receive telephone solicitations under 19 AS 16.05.332(a); or 20 (5) originates a telephone call using an automated or recorded message 21 as a telephonic advertisement or a telephone solicitation. 22 * Sec. 3. AS 45.50.475(d) is amended to read: 23 (d) A person who employs individuals to engage in telephone solicitations is 24 not liable for a violation of (a)(1) - (4) [(a)(1) - (3)] of this section if the person 25 establishes that 26 (1) the person has adopted and implemented written procedures and 27 policies to comply with (a)(1) - (4) [(a)(1) - (3)] of this section, including corrective 28 actions if appropriate; 29 (2) the person has trained its personnel in the procedures and policies 30 established under (1) of this subsection; 31 (3) the call that violated (a)(1) - (4) [(a)(1) - (3)] of this section was
01 made contrary to the procedures and policies established by the person; and 02 (4) the call that violated (a)(1) - (4) [(a)(1) - (3)] of this section was 03 made as a result of a good faith error. 04 * Sec. 4. AS 45.50.475(e) is amended to read: 05 (e) An individual who solicits a telephone customer in violation of (a)(1) - (4) 06 [(a)(1) - (3)] of this section is not liable for the violation if the individual establishes 07 that the individual did not intend to make the call in violation of this section and did 08 not recklessly disregard information or policies and procedures that would have 09 avoided the improper call.