00                SENATE CS FOR CS FOR HOUSE BILL NO. 15(L&C)                                                              
01 "An Act relating to fair trade practices and consumer protection, to telephone                                          
02 solicitations, to charitable solicitations; and providing for an effective date."                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 45.50.471(b)(35) is amended to read:                                                              
05                 (35)  violating AS 45.63 ([TELEPHONIC] solicitations by telephonic                                  
06       means);                                                                                                     
07    * Sec. 2.  AS 45.50.475(a) is amended to read:                                                                     
08            (a)  A person is in violation of AS 45.50.471(b)(41) if the person                                           
09                 (1)  engages in the telephone solicitation of a residential telephone                                   
10       customer of a telecommunications company and the customer is identified in the                                    
11       telephone directory as not wishing to receive telephone solicitations; [OR]                                       
12                 (2)  engages in the telephone solicitation of a customer whose                                      
13       telephone number has been registered with the national do not call registry for                               
14       the minimum amount of time required by the national do not call registry before                               
01       the date the call is made;                                                                                    
02                 (3)  engages in the telephone solicitation of a customer who has                                    
03       previously communicated to the telephone solicitor, or to the business enterprise                             
04       or charitable organization for which the person is calling, the customer's desire                             
05       not to receive telephone solicitations to that number; or                                                     
06                 (4)  originates a telephone call using an automated or recorded message                             
07       as a telephonic advertisement or a telephone solicitation.                                                    
08    * Sec. 3.  AS 45.50.475(d) is amended to read:                                                                     
09            (d)  A person who employs individuals to engage in telephone solicitations is                                
10       not liable for a [THE] violation of (a)(1) - (3) of this section [IF AN EMPLOYEE                          
11       SOLICITS A RESIDENTIAL TELEPHONE CUSTOMER WHO IS IDENTIFIED IN                                                    
12       THE TELEPHONE DIRECTORY AS NOT WISHING TO RECEIVE TELEPHONE                                                       
13       SOLICITATIONS] if the person establishes [ESTABLISHED] that                                                   
14                 (1)  the person has adopted and implemented written procedures and                                  
15       policies to comply with (a)(1) - (3) [(a)] of this section, including corrective actions if       
16       [WHERE] appropriate;                                                                                              
17                 (2)  the person has trained its personnel in the procedures and policies                            
18       established under (1) of this subsection;                                                                         
19                 (3)  the call that violated (a)(1) - (3) of this section was made contrary                          
20       to the procedures and policies established by the person; and                                                     
21                 (4)  the call that violated (a)(1) - (3) of this section was made as a                              
22       result of a good faith error [CALLS ON BEHALF OF THE PERSON THAT                                              
23       RESULT IN VIOLATIONS OF THIS SECTION ARE INFREQUENT].                                                             
24    * Sec. 4.  AS 45.50.475(e) is amended to read:                                                                     
25            (e)  An individual who solicits a [RESIDENTIAL] telephone customer in                                    
26       violation of (a)(1) - (3) of this section [WHO IS IDENTIFIED IN THE                                           
27       TELEPHONE DIRECTORY AS NOT WISHING TO RECEIVE TELEPHONE                                                           
28       SOLICITATIONS] is not liable for the violation [OF THIS SECTION] if the                                           
29       individual establishes that the individual did not intend to make the [A] call in                             
30       violation of this section and did not recklessly disregard information or policies and                            
31       procedures that would have avoided the improper call.                                                             
01    * Sec. 5.  AS 45.50.475(f) is amended to read:                                                                     
02            (f)  Local exchange telecommunications companies shall inform                                                
03       [RESIDENTIAL] customers of the provisions of this section. Notification shall                                 
04       [MAY] be made by                                                                                                  
05                 (1)  quarterly [ANNUAL] inserts in the billing statements mailed to                                 
06       [RESIDENTIAL] customers; and [OR]                                                                             
07                 (2)  clear and conspicuous publication of the notice in the consumer                                
08       information pages of local telephone directories.                                                                 
09    * Sec. 6.  AS 45.50.475(g)(2) is amended to read:                                                                  
10                 (2)  "customer" means a [RESIDENTIAL] telephone customer of a                                           
11       telecommunications company;                                                                                       
12    * Sec. 7.  AS 45.50.475(g)(3) is amended to read:                                                                  
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 communication made during a call made by the                                         
20                 customer;                                                                                               
21                           (ii)  calls made by a charitable organization [, A                                            
22                 PUBLIC AGENCY,] or volunteers on behalf of the charitable                                               
23                 organization [OR PUBLIC AGENCY] to a member [MEMBERS] of                                            
24                 the organization [OR AGENCY] or to a person [PERSONS] who,                                          
25                 within the last 18 [24] months, has [HAVE] made a donation to the                               
26                 organization [OR AGENCY] or expressed an interest in making a                                           
27                 donation, but only if the charitable organization has not received a                                
28                 request from the member or person asking that the telephone                                         
29                 solicitations cease;                                                                                
30                           (iii)  calls limited to soliciting the expression of ideas,                                   
31                 opinions, or votes;                                                                                     
01                           (iv)  business-to-business calls; or                                                          
02                           (v)  a person soliciting business from prospective                                            
03                 purchasers who have, within the last 18 [24] months, purchased from                                 
04                 the person making the solicitation or from the business enterprise for                                  
05                 which the person is calling but only if the person or business enterprise                               
06                 has not received a [WRITTEN] request from the prospective purchaser                                     
07                 asking that telephone solicitations cease; the person or business                                       
08                 enterprise is presumed to have received a written request no later than                                 
09                 10 days after the prospective purchaser mailed it, properly addressed                                   
10                 and with the appropriate postage.                                                                       
11    * Sec. 8.  AS 45.50.475(g) is amended by adding a new paragraph to read:                                           
12                 (4)  "national do not call registry" means the data base of telephone                                   
13       numbers of customers who do not wish to receive telephone solicitations established                               
14       and maintained by the Federal Trade Commission and the Federal Communications                                     
15       Commission.                                                                                                       
16    * Sec. 9.  AS 45.50.561(a) is amended by adding a new paragraph to read:                                           
17                 (12)  "goods or services" includes goods or services provided in                                        
18       connection with a consumer credit transaction or with a transaction involving an                                  
19       indebtedness secured by the borrower's residence.                                                                 
20    * Sec. 10.  AS 45.63.010(a) is amended to read:                                                                    
21            (a)  A person may not sell or attempt to sell property or services by telephonic                             
22       means if the person makes substantially the same offer on substantially the same terms                            
23       to two or more persons, unless the telephone [TELEPHONIC] seller is registered with                           
24       the Department of Law at least 30 days before the solicitation campaign.                                          
25    * Sec. 11.  AS 45.63.010(c) is amended to read:                                                                    
26            (c)  Registration under (b) of this section is not complete until the telephone                          
27       [TELEPHONIC] seller receives an acknowledgement from the department that the                                      
28       seller has complied with (b) of this section.                                                                     
29    * Sec. 12.  AS 45.63.010(d) is amended to read:                                                                    
30            (d)  The notice of intent must be on a form or in a format provided and                                  
31       established by the department by regulation.  The department may require the                                  
01       notice of intent to be submitted under oath or affirmation or with notice that                                
02       false statements made are punishable as unsworn falsification under                                           
03       AS 11.56.210.  The notice of intent must include detailed information about the nature                        
04       of the solicitation campaign and the identity and business practices of the telephone                         
05       [TELEPHONIC] seller, including information on the employees, agents, and officers                                 
06       affiliated with the telephone [TELEPHONIC] seller. The notice of intent must                                  
07       disclose criminal convictions, civil judgments, orders, consent decrees, or                                       
08       administrative determinations involving allegations of unfair or deceptive business                               
09       practices by the telephone [TELEPHONIC] seller.                                                               
10    * Sec. 13.  AS 45.63 is amended by adding a new section to read:                                                   
11            Sec. 45.63.015.  Registration fees.  Each separate registration filed under                                
12       AS 45.63.010(b) must be accompanied by a registration fee.  The department shall                                  
13       establish the amount of the fee by regulation.  The fees required by this section are                             
14       nonrefundable and shall be deposited in the general fund.                                                         
15    * Sec. 14.  AS 45.63.020 is amended to read:                                                                       
16            Sec. 45.63.020.  Written contract required.  Until a telephone                                         
17       [TELEPHONIC] seller receives from a buyer a signed, written contract for the                                      
18       purchase, the telephone [TELEPHONIC] seller may not solicit payment for the                                   
19       purchase, charge a credit card account for the purchase, negotiate a check or other                               
20       commercial instrument intended for payment of the purchase, or accept a cash                                      
21       payment for the purchase. The written contract must notify the buyer of the rights of                             
22       the buyer under AS 45.63.030(a) and disclose the information required by the                                      
23       department by regulation.                                                                                         
24    * Sec. 15.  AS 45.63.030(a) is amended to read:                                                                    
25            (a)  Notwithstanding AS 45.01 - AS 45.08, AS 45.12, AS 45.14, and AS 45.29                                   
26       (Uniform Commercial Code), a telephone [TELEPHONIC] seller shall give the buyer                               
27       a refund, credit, or replacement, at the option of the buyer, if                                                  
28                 (1)  the property or services purchased are defective, not as represented,                              
29       or not received as promised by the seller;                                                                        
30                 (2)  within seven days after receiving the purchased property, the buyer                                
31       returns the purchased property and makes a written request for the refund, credit, or                             
01       replacement; or                                                                                                   
02                 (3)  within seven days after paying for the purchased services and                                      
03       before the services are provided, the buyer makes a written request for the refund or                             
04       credit.                                                                                                           
05    * Sec. 16.  AS 45.63.030(c) is amended to read:                                                                    
06            (c)  Notwithstanding AS 45.01 - AS 45.08, AS 45.12, AS 45.14, and AS 45.29                                   
07       (Uniform Commercial Code), a purchase of property from a telephone                                            
08       [TELEPHONIC] seller becomes final seven days after receipt of the property, unless                                
09       the buyer requests a refund, credit, or replacement under (a) of this section, or the                             
10       telephone [TELEPHONIC] seller fails to obtain the contract required by                                        
11       AS 45.63.020.                                                                                                     
12    * Sec. 17.  AS 45.63.030(d) is amended to read:                                                                    
13            (d)  A purchase of services from a telephone [TELEPHONIC] seller becomes                                 
14       final seven days after receipt of the contract required by AS 45.63.020, unless the                               
15       buyer requests a refund or credit under (a) of this section.                                                      
16    * Sec. 18.  AS 45.63.040 is amended to read:                                                                       
17            Sec. 45.63.040.  Prohibited representations.  (a)  Unless the telephone                                
18       [TELEPHONIC] seller is asked for the information by the buyer, the seller may not                                 
19       state or imply that the seller has a license, consent, or other form of permission from                           
20       the state.                                                                                                        
21            (b)  A telephone [TELEPHONIC] seller may not state or imply that                                         
22                 (1)  the seller is complying with state law; or                                                         
23                 (2)  the seller's compliance with the laws of this state or a municipality                              
24       constitutes approval or endorsement by the state or municipality.                                                 
25    * Sec. 19.  AS 45.63 is amended by adding a new section to read:                                                   
26            Sec. 45.63.045.  Required representations; prohibitions.  (a)  A telephone                                 
27       seller shall                                                                                                      
28                 (1)  within the first 15 seconds of a call and in a clear and conspicuous                               
29       manner, disclose the registered seller's name and telephone number, whom the                                      
30       registered seller represents, and that the call is a sales call; and                                              
31                 (2)  repeat the information at any time during the conversation if                                      
01       requested by a person at the number called.                                                                       
02            (b)  A telephone seller must terminate the telephone solicitation and promptly                               
03       disconnect the telephone line if the person receiving the call objects to the solicitation                        
04       or indicates that the person is not interested in the product or service that is the subject                      
05       of the solicitation.                                                                                              
06            (c)  A telephone seller who makes a telephonic solicitation may not cause a                                  
07       telephone to ring repeatedly or continuously with the intent to annoy, abuse, or harass                           
08       a person at the telephone number called or repeatedly engage a person in a telephone                              
09       conversation.                                                                                                     
10    * Sec. 20.  AS 45.63.050 is amended to read:                                                                       
11            Sec. 45.63.050.  Waiver prohibited and void.  A telephone [TELEPHONIC]                                 
12       seller may not request or obtain from a buyer a waiver of the rights of the buyer under                           
13       this chapter. A waiver of the rights of a buyer under this chapter is void.                                       
14    * Sec. 21.  AS 45.63.080 is amended to read:                                                                       
15            Sec. 45.63.080.  Exemptions.  AS 45.63.010, 45.63.015, 45.63.020, and                                    
16       AS 45.63.030(c) and (d) do [THIS CHAPTER DOES] not apply to a sale or                                         
17       attempted sale                                                                                                    
18                 (1)  of a security regulated under AS 45.55 or a security that is                                       
19       exempted by AS 45.55.900 from regulation under AS 45.55;                                                          
20                 (2)  by a person registered with the United States Securities and                                       
21       Exchange Commission when acting within the scope of the person's Securities and                                   
22       Exchange Commission license;                                                                                      
23                 (3)  by an issuer, or a subsidiary of an issuer, of a class of securities that                          
24       is                                                                                                                
25                      (A)  subject to 15 U.S.C. 78a - 78lll (Securities Exchange Act of                                  
26            1934); and                                                                                                   
27                      (B)  either registered under 15 U.S.C. 78a - 78lll (Securities                                     
28            Exchange Act of 1934) or exempt from registration under 15 U.S.C.                                            
29            78l(g)(2)(A) - (C) or (E) - (H);                                                                             
30                 (4)  by a real estate broker, associate real estate broker, or real estate                              
31       salesperson licensed under AS 08.88 and acting in a capacity covered by the license;                              
01                 (5)  by a person who has a certificate of registration under AS 08.18 to                                
02       operate as a contractor and is acting in a capacity covered by the certificate of                                 
03       registration;                                                                                                     
04                 (6)  by an embalmer or funeral director licensed under AS 08.42 and                                     
05       acting in a capacity covered by the license;                                                                      
06                 (7)  by an insurance agent, general agent, broker, solicitor, or adjuster                               
07       licensed under AS 21.27 and acting in a capacity covered by the license;                                          
08                 (8)  by a person who is primarily soliciting the sale of a subscription to,                             
09       or advertising in, a newspaper of general circulation;                                                            
10                 (9)  by a charitable organization or paid solicitor if the organization or                              
11       solicitor is registered to make charitable solicitations under AS 45.68 and is acting in a                        
12       capacity that is covered by the registration;                                                                     
13                 (10)  by a person who is primarily soliciting the sale of a                                             
14       [MAGAZINE, PERIODICAL,] sound recording or [,] book through [, OR                                         
15       MEMBERSHIP IN] a book or record club                                                                              
16                      (A)  where the club provides the buyer with a form that the                                        
17            buyer may use to instruct the club not to ship the offered merchandise; and                                  
18                      (B)  that is regulated by the Federal Trade Commission as a                                        
19            negative option plan under 16 C.F.R. [CFR] 425;                                                          
20                 (11)  by a publisher, or a publisher's agent operating under a                                      
21       written agreement between a publisher and the agent, who is soliciting the sale of                            
22       a publisher's magazine if                                                                                     
23                      (A)  the buyer has the right to review the magazine and                                        
24            cancel the subscription for the magazine within seven days after receipt of                              
25            the magazine or at the time the invoice is received by the buyer, whichever                              
26            is later; a cancellation request is timely if the request is mailed, properly                            
27            addressed and postmarked, postage prepaid, within seven days after                                       
28            receipt of the magazine; and                                                                             
29                      (B)  the right of cancellation and refund is fully disclosed in                                
30            writing to the buyer before or at the time the initial invoice is received by                            
31            the buyer;                                                                                               
01                 (12)  of services provided by a cable television system operating under                             
02       a franchise issued by a municipality;                                                                             
03                 (13) [(12)]  by a person who is soliciting for a business, or for an                                
04       affiliate of a business, that is regulated by the Regulatory Commission of Alaska;                                
05                 (14) [(13)]  by a person whose solicitation is solely for telephone                                 
06       answering services provided by the person or the person's employer;                                               
07                 (15) [(14)]  of property from a mail order catalog that is published on a                           
08       regular, periodic basis and that describes or pictures the items for sale and prominently                         
09       provides the specific price of each item;                                                                         
10                 (16) [(15)]  by a supervised financial institution or the parent,                                   
11       subsidiary, or affiliate of a supervised financial institution; in this paragraph,                                
12       "supervised financial institution" means a commercial bank, savings bank, mutual                                  
13       savings bank, trust company, savings and loan association, credit union, industrial loan                          
14       company, personal property broker, consumer finance lender, commercial finance                                    
15       lender, or other financial institution if the financial institution is subject to regulation                      
16       by this state or the United States;                                                                               
17                 (17) [(16)]  by an insurer or the parent, subsidiary, or affiliate of an                            
18       insurer;                                                                                                          
19                 (18) [(17)]  by a person who solicits a sale by a contact by telephonic                             
20       means without intending to complete the sales presentation during the contact, who                                
21       does not complete the sales presentation during the contact, and who only completes                               
22       the sales presentation at a later meeting in person, unless at the later meeting the                              
23       solicitor attempts to collect payment for property or services delivered before the later                         
24       meeting;                                                                                                          
25                 (19) [(18)]  of an item of personal property, including a food product,                             
26       that is made by hand by an individual, if the sale or attempted sale of the item is made                          
27       by the individual who made the item; in this paragraph, "made by hand" includes the                               
28       use of ordinary household devices if the majority of the value of the item is added by                            
29       the labor of the individual.                                                                                      
30    * Sec. 22.  AS 45.63.100(1) is amended to read:                                                                    
31                 (1)  "buyer" means a person who buys from or is solicited by a                                          
01       [TELEPHONIC] seller by telephonic means;                                                                      
02    * Sec. 23.  AS 45.63.100 is amended by adding a new paragraph to read:                                             
03                 (7)  "telephone seller" means a person who is required to be registered                                 
04       under AS 45.63.010.                                                                                               
05    * Sec. 24.  AS 45.66.020(b) is amended to read:                                                                    
06            (b)  The department shall establish by regulation the application forms for                                  
07       registrations under this chapter. The application forms must require the submission of                            
08       the following information:                                                                                        
09                 (1)  the nature of the business opportunity and the method by which it                                  
10       will be offered, advertised, or promoted;                                                                         
11                 (2)  the identity and business practices of the person who will be the                                  
12       seller, including information on a related person; and                                                            
13                 (3)  a disclosure of criminal convictions, civil judgments, orders,                                     
14       consent decrees, and administrative determinations involving allegations of                                       
15                      (A)  fraud, theft, embezzlement, fraudulent conversion,                                            
16            misappropriation of property, the use of untrue or misleading representations in                             
17            an attempt to sell or dispose of real or personal property, violations of this                               
18            chapter, violations of AS 45.63 ([TELEPHONIC] solicitations by telephonic                                
19            means), violations of AS 45.68 (charitable solicitations), or unfair or deceptive                        
20            business practices under AS 45.50.471 - 45.50.561, or a substantially similar                                
21            law of another jurisdiction, by the person who will be the seller or by a related                            
22            person; or                                                                                                   
23                      (B)  a violation of securities or investment laws by the person                                    
24            who will be the seller or by a related person.                                                               
25    * Sec. 25.  AS 45.66.200(a) is amended to read:                                                                    
26            (a)  Subject to the other requirements of this section and after reviewing a                                 
27       response submitted by the person under (b) of this section, the department may issue                              
28       an order denying, suspending, or revoking a registration or renewal of a registration                             
29       made by a person under AS 45.66.010 - 45.66.030, or prohibiting a person from                                     
30       selling or offering to sell business opportunities, if the department finds that                                  
31                 (1)  the person failed to comply with this chapter or the regulations                                   
01       adopted under this chapter;                                                                                       
02                 (2)  the sale or offer to sell would constitute, or has constituted, a                                  
03       misrepresentation of, deceit of, or fraud on the buyer;                                                           
04                 (3)  the nature of the person's business enterprise or method of business                               
05       or the nature or method of the business opportunity includes activities that are illegal                          
06       where performed;                                                                                                  
07                 (4)  the person failed to file a document, information, fee, or bond                                    
08       required by AS 45.66.010 - 45.66.060;                                                                             
09                 (5)  the literature or advertising of the person or of another person                                   
10       recommended by the person is misleading, incorrect, materially incomplete, or                                     
11       deceptive;                                                                                                        
12                 (6)  a person identified in the registration represents an unreasonable                                 
13       risk to the public interest and                                                                                   
14                      (A)  has been convicted of                                                                         
15                           (i)  a felony or misdemeanor involving fraud, theft,                                          
16                 embezzlement, fraudulent conversion, misappropriation of property, or                                   
17                 the use of untrue or misleading representations in the sale of or offer to                              
18                 sell or otherwise dispose of real or personal property;                                                 
19                           (ii)  violations under this chapter, violations of AS 45.63                                   
20                 ([TELEPHONIC] solicitations by telephonic means), violations of                                     
21                 AS 45.68 (charitable solicitations), or an unfair trade practice                                        
22                 prohibited by AS 45.50.471 - 45.50.561, or a substantially similar law                                  
23                 of another jurisdiction; or                                                                             
24                           (iii)  a violation of securities or investment laws;                                          
25                      (B)  is subject to a final order or judgment against the person in                                 
26            a civil or administrative action, including a stipulated order or judgment, if the                           
27            complaint or petition in the action alleged acts constituting                                                
28                           (i)  a violation of this chapter or a substantially similar                                   
29                 law of another jurisdiction;                                                                            
30                           (ii)  fraud, theft, embezzlement, fraudulent conversion,                                      
31                 or misappropriation of real or personal property;                                                       
01                           (iii)  the use of untrue or misleading representations in                                     
02                 an offer to sell or dispose of real or personal property;                                               
03                           (iv)  the use of unfair trade practices under                                                 
04                 AS 45.50.471 - 45.50.561 or a substantially similar law of another                                      
05                 jurisdiction;                                                                                           
06                           (v)  a violation of AS 45.63 or AS 45.68, or a                                                
07                 substantially similar law of another jurisdiction; or                                                   
08                           (vi)  a violation of securities or investment laws;                                           
09                      (C)  is subject to an injunction relating to business activity if the                              
10            injunction resulted from an action brought by a federal, state, or local public                              
11            agency, including an action related to an occupational license under AS 08.                                  
12    * Sec. 26.  AS 45.66.230(b) is amended to read:                                                                    
13            (b)  To the extent of the conflict, the provisions of this chapter govern if a sale                          
14       of or an offer to sell a business opportunity is regulated by this chapter and by                                 
15       AS 45.63 ([TELEPHONIC] solicitations by telephonic means), by AS 45.01 -                                      
16       AS 45.08, AS 45.12, AS 45.14, and AS 45.29 (Uniform Commercial Code), or by                                       
17       another law, and it is not possible to comply with or to apply both this chapter and the                          
18       other law.                                                                                                        
19    * Sec. 27.  AS 45.68.010(c) is amended to read:                                                                    
20            (c)  To register under this section, a charitable organization or paid solicitor                             
21       shall file with the department                                                                                    
22                 (1)  a registration statement on a form or in a format provided and                                 
23       established by the department by regulation; and                                                                  
24                 (2)  in the case of a paid solicitor, a bond in the amount and under the                                
25       conditions established by the department by regulation.                                                           
26    * Sec. 28.  AS 45.68.010 is amended by adding new subsections to read:                                             
27            (f)  The department may require the registration and registration renewal                                    
28       statement required under (c)(1) and (d) of this section to be submitted                                           
29                 (1)  under oath or affirmation; or                                                                      
30                 (2)  with notice that false statements made in the statement are                                        
31       punishable as unsworn falsification under AS 11.56.210.                                                           
01            (g)  A person may not knowingly provide false statements in documents                                        
02       required by this chapter, including a                                                                             
03                 (1)  registration statement;                                                                            
04                 (2)  registration renewal statement;                                                                    
05                 (3)  report of material change in information required in the registration                              
06       statement; or                                                                                                     
07                 (4)  financial report by a paid solicitor.                                                              
08    * Sec. 29.  AS 45.68 is amended by adding a new section to read:                                                   
09            Sec. 45.68.015.  Registration fees.  The registration statement and registration                           
10       renewal statement filed under AS 45.68.010(c)(1) and (d) must be accompanied by a                                 
11       registration or registration renewal fee.  The department shall establish the amount of                           
12       the fee by regulation.  The fees required by this section are nonrefundable and shall be                          
13       deposited in the general fund.                                                                                    
14    * Sec. 30.  AS 45.68 is amended by adding a new section to read:                                                   
15            Sec. 45.68.055.  Paid solicitor financial reports.  (a)  Within 90 days after a                            
16       solicitation campaign is completed and, if a solicitation campaign lasts more than one                            
17       year, on the one-year anniversary of the commencement of the campaign, a paid                                     
18       solicitor shall file with the department a financial report in accordance with this                               
19       section.                                                                                                          
20            (b)  The financial report must                                                                               
21                 (1)  be submitted on a form or in a format provided and established by                                  
22       the department of regulation;                                                                                     
23                 (2)  include gross revenue and an itemization of all expenses incurred                                  
24       in the solicitation campaign during the reporting period; and                                                     
25                 (3)  be signed by two authorized officials of the charitable organization.                              
26            (c)  The authorized contracting agent for the paid solicitor shall sign the report                           
27       required by (b) of this section.  Signature of the report under this subsection must be                           
28       made under oath or affirmation, but submission of false information in a notice that is                           
29       not signed under oath or affirmation is punishable as an unsworn falsification under                              
30       AS 11.56.210.                                                                                                     
31    * Sec. 31.  AS 45.68.060 is amended to read:                                                                       
01            Sec. 45.68.060.  Public records.  The registration statement, registration                                 
02       renewal statement, financial reports of paid solicitors, contracts, and other                                 
03       documents required to be filed with the department under this chapter are public                                  
04       records available for inspection and copying under AS 40.25.110 - 40.25.220.                                      
05    * Sec. 32.  AS 45.68.900 is amended by adding a new paragraph to read:                                             
06                 (7)  "solicitation campaign" means soliciting contributions of money or                                 
07       other property from two or more persons for the same charitable organization.                                     
08    * Sec. 33.  AS 45.63.100(6) is repealed.                                                                           
09    * Sec. 34.  AS 45.50.475(a)(1) and 45.50.475(c) are repealed.                                                      
10    * Sec. 35.  The uncodified law of the State of Alaska is amended by adding a new section to                        
11 read:                                                                                                                   
12       APPLICABILITY.  (a)  On and after July 1, 2004, the amendments found in the                                       
13 following sections of this Act apply to filings with the Department of Law:                                             
14            (1)  secs. 12 and 13 of this Act regarding the notice of intent to engage in a                               
15 solicitation campaign under AS 45.63.010; and                                                                           
16            (2)  secs. 27 - 29 of this Act regarding registration statements and registration                            
17 renewal statements under AS 45.68.010.                                                                                  
18       (b)  Sections 30 and 31 of this Act apply to solicitation campaigns, as defined in                                
19 AS 45.68.900, as amended by sec. 32 of this Act, that commence on or after July 1, 2004.                                
20    * Sec. 36.  The uncodified law of the State of Alaska is amended by adding a new section to                        
21 read:                                                                                                                   
22       TRANSITIONAL PROVISIONS:  REGULATIONS.  Notwithstanding sec. 39 of this                                           
23 Act, the attorney general may proceed to adopt regulations necessary to implement the                                   
24 changes made by secs. 12, 13, 21, 27 - 30, and 32 of this Act.  The regulations take effect                             
25 under AS 44.62 (Administrative Procedure Act), but not before the effective date of secs. 1 -                           
26 33 of this Act.                                                                                                         
27    * Sec. 37.  Section 36 of this Act takes effect immediately under AS 01.10.070(c).                                 
28    * Sec. 38.  Section 34 of this Act takes effect the day after the date on which the attorney                       
29 general notifies the governor and the revisor of statutes that the national do not call registry is                     
30 established and enforced by the Federal Trade Commission and the Federal Communications                                 
31 Commission.                                                                                                             
01    * Sec. 39.  Sections 1 - 33 and 35 of this Act take effect July 1, 2004.