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 AS 45.50.475(c) is repealed and reenacted to read: 03 (c) The attorney general shall establish and provide for the operation of a data 04 base that compiles a list of telephone numbers of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 A residential subscriber's notice of objection 06 shall be effective until withdrawn by the subscriber.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).