HB 15: "An Act relating to establishing the Alaska No-Call List, 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; requiring telephonic solicitors who are otherwise exempt from registration as telephonic solicitors to file with the Department of Law and purchase the data base; and providing for an effective date."
00 HOUSE BILL NO. 15 01 "An Act relating to establishing the Alaska No-Call List, a data base of residential 02 telephone customers who do not wish to receive telephonic solicitations; providing that 03 the data base be compiled at no cost to the customers; requiring paid telephonic sellers 04 to purchase the data base; requiring telephonic sellers to identify themselves; requiring 05 telephonic solicitors who are otherwise exempt from registration as telephonic solicitors 06 to file with the Department of Law and purchase the data base; and providing for an 07 effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 45.50.475(a) is amended to read: 10 (a) A person is in violation of AS 45.50.471(b)(41) if the person 11 (1) engages in the telephonic [TELEPHONE] solicitation of a 12 residential telephone customer of a telecommunications company and the customer is 13 identified in the Alaska No-Call List, a data base established under (b) of this
01 section [TELEPHONE DIRECTORY AS NOT WISHING TO RECEIVE 02 TELEPHONE SOLICITATIONS]; or 03 (2) originates a telephone call using an automated or recorded message 04 as a telephonic advertisement or solicitation. 05 * Sec. 2. AS 45.50.475(b) is repealed and reenacted to read: 06 (b) The Alaska No-Call List is established as a data base for use when 07 verifying that residential subscribers in the state have given notice of objection to 08 receiving telephonic solicitations. The Alaska No-Call List shall be easily accessible 09 by persons or entities desiring to make telephonic solicitations and by state and local 10 law enforcement agencies. The following apply to the Alaska No-Call List: 11 (1) the attorney general shall, by regulation, establish guidelines for the 12 designated agent for the development and maintenance of the Alaska No-Call List so 13 that 14 (A) there is no cost for a residential subscriber to provide 15 notification to the designated agent that the subscriber objects to receiving 16 telephonic solicitations; 17 (B) there is an annual registration fee of not more than $500 for 18 persons or entities that wish to make telephonic solicitations or otherwise 19 access the data base of telephone numbers and zip codes contained in the 20 Alaska No-Call List data base; the attorney general shall determine the fee on a 21 sliding scale so that persons or entities with fewer than five employees do not 22 pay a fee; nonprofit corporations, as defined in AS 10.20.720, may not be 23 charged a fee; the maximum fee shall be charged only to persons or entities 24 with more than 1,000 employees; money collected from the fees must cover 25 the direct and indirect costs related to the creation and operation of the Alaska 26 No-Call List; money from the fees shall be collected by and paid directly to the 27 designated agent; the attorney general may annually adjust the fees below the 28 stated maximum based on revenue history of the fees received by the 29 designated agent; the designated agent shall provide means for online 30 registration and credit card payment of fees; when initially registering for the 31 Alaska No-Call List, each person or entity shall provide a current business
01 name, business address, electronic mail address, if available, and telephone 02 number, and this information shall be revised when changes to it occur; 03 (C) a residential subscriber may give notice to the designated 04 agent of the person's objection to receiving telephonic solicitations, or may 05 revoke notice, by 06 (i) entering the area code, telephone number, and zip 07 code of the subscriber directly into the data base by way of the 08 designated state Internet web site; or 09 (ii) using a touch-tone telephone to enter the area code, 10 telephone number, and zip code of the subscriber by way of a 11 designated statewide, toll-free telephone number maintained by the 12 designated agent as part of the Alaska No-Call List program; 13 (D) the date of every notice received under (C) of this 14 paragraph is recorded and included as part of the information in the Alaska No- 15 Call List; 16 (E) the designated agent shall, subject to supervision by the 17 attorney general, revise information about the Alaska No-Call List program on 18 the designated state Internet web site; 19 (F) the designated agent or a person or entity collecting 20 information to be transmitted to the designated agent may not use or distribute 21 subscriber information contained in the Alaska No-Call List except as 22 expressly authorized under this subsection; 23 (G) the methods by which additions, deletions, changes, and 24 modifications are made to the Alaska No-Call List data base are available to 25 persons or entities on request; the methods must include provisions to remove 26 a telephone number that has been disconnected or reassigned from the Alaska 27 No-Call List on at least an annual basis; 28 (H) the designated agent shall maintain an automated, online 29 complaint system for residential subscribers to report suspected violations 30 using the designated state Internet web site; the automated, online complaint 31 system must be able to electronically collect, sort, and report suspected
01 violations to the appropriate state enforcement agency for enforcement 02 purposes; 03 (I) the Alaska No-Call List is available online at the Alaska 04 No-Call List web site to a person or entity desiring to make telephonic 05 solicitations if the person or entity has registered under (B) of this paragraph; 06 the list shall be available in a text or other compatible format, at the discretion 07 of the attorney general, but shall allow telephonic solicitors to select and sort 08 by specific zip codes and telephone area codes; telephonic solicitors may not 09 receive additional compensation for distributing the Alaska No-Call List, but 10 are encouraged to freely distribute the Alaska No-Call List at no cost; and 11 (J) other matters relating to the data base as the attorney 12 general considers necessary or desirable are covered by regulation; 13 (2) if the appropriate federal agency establishes a single national data 14 base of telephone numbers of residential subscribers who object to receiving 15 telephonic solicitations, the designated agent shall include that portion of a single 16 national data base that relates to the state in the Alaska No-Call List established under 17 this subsection; 18 (3) the state is not liable to a person for gathering, managing, or using 19 information in the Alaska No-Call List data base under this subsection and for 20 enforcing the provisions of this subsection; 21 (4) the designated agent is not liable to a person for performing the 22 designated agent's duties under this subsection unless, and only to the extent that, the 23 designated agent commits a willful and wanton act or omission; 24 (5) the designated agent shall revise the data base on an ongoing basis 25 with information provided by residential subscribers and local exchange providers; 26 (6) a person may not place the telephone number of another person on 27 the Alaska No-Call List without the authorization of the person to whom the number is 28 assigned; 29 (7) the attorney general shall submit a report to the standing Finance 30 Committees of the Alaska Legislature every six months; the report must include 31 (A) an account of fee revenues received under this section in
01 the previous six months; 02 (B) expenditures for administration of the Alaska No-Call List 03 program for the previous six months; 04 (C) projections of fee revenues for the next 12 months; and 05 (D) projections of expenditures for administration of the 06 program for the next 12 months, including the expenditures of the designated 07 agent and expenditures of the attorney general. 08 * Sec. 3. AS 45.50.475(d) is amended to read: 09 (d) A person who employs individuals to engage in telephonic 10 [TELEPHONE] solicitations is not liable for the violation of this section 11 [AS 45.50.475] if an employee solicits a residential telephone customer who is 12 identified in the data base [TELEPHONE DIRECTORY] as not wishing to receive 13 telephonic [TELEPHONE] solicitations if the person established that 14 (1) the person has adopted and implemented written procedures to 15 comply with (a) of this section including corrective actions where appropriate; 16 (2) the person has trained its personnel in the procedures established 17 under (1) of this subsection; 18 (3) the call that violated this section [AS 45.50.475] was made 19 contrary to the procedures and policies established by the person; and 20 (4) calls on behalf of the person that result in violations of this section 21 [AS 45.50.475] are infrequent. 22 * Sec. 4. AS 45.50.475(e) is amended to read: 23 (e) An individual who solicits a residential telephone customer who is 24 identified in the data base [TELEPHONE DIRECTORY] as not wishing to receive 25 telephonic [TELEPHONE] solicitations is not liable for the violation of this section 26 [AS 45.50.475] if the individual establishes that the individual did not intend to make 27 a call in violation of this section [AS 45.50.475] and did not recklessly disregard 28 information or policies and procedures that would have avoided the improper call. 29 * Sec. 5. AS 45.50.475(g)(3) is amended to read: 30 (3) "telephonic [TELEPHONE] solicitation" 31 (A) means a voice or telefacsimile communication over a
01 [THE SOLICITATION BY A PERSON BY] telephone line [OF A 02 CUSTOMER AT THE RESIDENCE OF THE CUSTOMER] for the purpose 03 of encouraging the [CUSTOMER TO] purchase or rental of or investment in 04 property, goods, or services, or the making of [MAKE] a donation; 05 (B) does not include 06 (i) calls made in response to a request or inquiry by the 07 called customer or communication made during a call made by the 08 customer; 09 (ii) calls made by a charitable organization, a public 10 agency, or volunteers on behalf of the charitable organization or public 11 agency to members of the organization or agency or to persons who, 12 within the last 24 months, have made a donation to the organization or 13 agency or expressed an interest in making a donation; 14 (iii) calls limited to soliciting the expression of ideas, 15 opinions, or votes; 16 (iv) business-to-business calls; or 17 (v) a person soliciting business from prospective 18 purchasers who have, within the last 24 months, purchased from the 19 person making the solicitation or from the business enterprise for which 20 the person is calling but only if the person or business enterprise has 21 not received a written request from the prospective purchaser asking 22 that telephonic [TELEPHONE] solicitations cease; the person or 23 business enterprise is presumed to have received a written request no 24 later than 10 days after the prospective purchaser mailed it, properly 25 addressed and with the appropriate postage. 26 * Sec. 6. AS 45.50.475 is amended by adding a new subsection to read: 27 (h) A person required to register under AS 45.63.010 or a person who is 28 exempt from registration under AS 45.63.080 shall purchase the appropriate data base 29 from the attorney general or from an entity with which the attorney general has 30 entered into a contract. 31 * Sec. 7. AS 45.63.010(b) is amended to read:
01 (b) To register under (a) of this section, a person shall file with the department 02 (1) a notice of intent to engage in a solicitation campaign; a separate 03 notice of intent shall be filed for each solicitation campaign; 04 (2) an irrevocable consent appointing the department the person's agent 05 for the receipt of service of process in a court action or other proceeding against the 06 person, or the successor in interest of the person, for a violation of this chapter; [AND] 07 (3) a request and payment for the appropriate data base compiled 08 under AS 45.50.475(b) of the telephone numbers of residential customers who do 09 not wish to receive telephonic solicitations; and 10 (4) a signed statement that the person has read and will comply with 11 this chapter and the regulations adopted under this chapter. 12 * Sec. 8. AS 45.63.010(c) is amended to read: 13 (c) Registration under (b) of this section is not complete until the telephonic 14 seller receives an acknowledgement from the department that the seller has complied 15 with (b) of this section and the telephonic seller has the data base of telephone 16 numbers of residential customers who do not wish to receive telephonic 17 solicitations. 18 * Sec. 9. AS 45.63 is amended by adding a new section to read: 19 Sec. 45.63.045. Required representations. The telephonic seller 20 (1) shall, within one minute after beginning the conversation, inform 21 each person called of the registered seller's name and telephone number and whom the 22 registered seller represents; 23 (2) shall provide the information under (1) of this section at any time 24 during the conversation after it is provided under (1) of this section if requested by a 25 person at the number called; and 26 (3) may not repeatedly cause a telephone to ring or engage a person in 27 a telephone conversation repeatedly or continuously with the intent to annoy, abuse, or 28 harass a person at the telephone number called. 29 * Sec. 10. AS 45.50.475(c) is repealed. 30 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 DATE BASE SETUP. (a) Not later than January 1, 2004, the attorney general shall 02 contract with a designated agent to maintain the Internet web site and data base containing the 03 Alaska No-Call List. If only one entity bids on the contract, the attorney general may, at the 04 attorney general's discretion, award the contract. 05 (b) Not later than July 1, 2004, the designated agent, using the designated state 06 Internet web site, shall develop and maintain the Alaska No-Call List data base with 07 information provided by residential subscribers. 08 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 TRANSITIONAL PROVISIONS: REGULATIONS. Notwithstanding sec. 13 of this 11 Act, the attorney general may proceed to adopt regulations necessary to implement this Act. 12 The regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 13 effective date of secs. 1 - 10 of this Act. 14 * Sec. 13. Sections 1 - 10 of this Act take effect July 1, 2004. 15 * Sec. 14. Sections 11 and 12 of this Act take effect immediately under AS 01.10.070(c).