CSHB 15(L&C): "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 and paid solicitors 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 pay the data base access fee; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 15(L&C) 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 and paid solicitors to purchase the data base; requiring telephonic sellers to identify 05 themselves; requiring telephonic solicitors who are otherwise exempt from registration 06 as telephonic solicitors to file with the Department of Law and pay the data base access 07 fee; and providing for an 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 AS 45.50.475(b) is repealed and reenacted to read: 06 (b) The attorney general shall contract with a designated agent to maintain the 07 Internet web site and data base containing the Alaska No-Call List. The Alaska No- 08 Call List is established as a data base for use when verifying that residential 09 subscribers in the state have given notice of objection to receiving telephonic 10 solicitations. The Alaska No-Call List shall be easily accessible by persons or entities 11 desiring to make telephonic solicitations and by state and local law enforcement 12 agencies. The following apply to the Alaska No-Call List: 13 (1) the attorney general shall, by regulation, establish guidelines for the 14 designated agent for the development and maintenance of the Alaska No-Call List so 15 that 16 (A) there is no cost for a residential subscriber to provide 17 notification to the designated agent that the subscriber objects to receiving 18 telephonic solicitations; 19 (B) there is an annual data base access fee of $750 for persons 20 or entities that wish to make telephonic solicitations or otherwise access the 21 data base of telephone numbers and zip codes contained in the Alaska No-Call 22 List data base; money collected under this section by the designated agent must 23 cover the costs of creating, maintaining, and updating the data base, 24 maintaining the online complaint system, and reimbursement to the attorney 25 general for relevant expenditures; the attorney general may annually adjust the 26 fees received by the designated agent; the designated agent shall provide 27 means for online registration and credit card payment of fees; when initially 28 registering for the Alaska No-Call List, each person or entity shall provide 29 information required by the attorney general, including a current business 30 name, business address, electronic mail address, if available, and telephone 31 number, and this information shall be revised when changes to it occur;
01 (C) a residential subscriber may give notice to the designated 02 agent of the person's objection to receiving telephonic solicitations, or may 03 revoke notice, by 04 (i) entering the area code, telephone number, and zip 05 code of the subscriber directly into the data base by way of the 06 designated state Internet web site; or 07 (ii) using a touch-tone telephone to enter the area code, 08 telephone number, and zip code of the subscriber by way of a 09 designated statewide, toll-free telephone number maintained by the 10 designated agent as part of the Alaska No-Call List program; 11 (D) the date of every notice received under (C) of this 12 paragraph is recorded and included as part of the information in the Alaska No- 13 Call List; 14 (E) the designated agent shall, subject to supervision by the 15 attorney general, revise information about the Alaska No-Call List program on 16 the designated state Internet web site; 17 (F) the designated agent or a person or entity collecting 18 information to be transmitted to the designated agent may not use or distribute 19 subscriber information contained in the Alaska No-Call List except as 20 expressly authorized under this subsection; 21 (G) the methods by which additions, deletions, changes, and 22 modifications are made to the Alaska No-Call List data base are available to 23 persons or entities on request; the methods must include provisions to remove 24 a telephone number that has been disconnected or reassigned from the Alaska 25 No-Call List on at least an annual basis; 26 (H) the designated agent shall maintain an automated, online 27 complaint system for residential subscribers to report suspected violations 28 using the designated state Internet web site; the automated, online complaint 29 system must be able to electronically collect, sort, and report suspected 30 violations to the appropriate state enforcement agency for enforcement 31 purposes;
01 (I) the Alaska No-Call List is available online at the Alaska 02 No-Call List web site to a person or entity desiring to make telephonic 03 solicitations if the person or entity paid the access fee under (B) of this 04 paragraph; the list shall be available in a text or other compatible format, at the 05 discretion of the attorney general, but shall allow telephonic solicitors to select 06 and sort by specific zip codes and telephone area codes; and 07 (J) other matters relating to the data base as the attorney 08 general considers necessary or desirable are covered by regulation; 09 (2) if the appropriate federal agency establishes a single national data 10 base of telephone numbers of residential subscribers who object to receiving 11 telephonic solicitations, the designated agent shall, at no additional charge, include 12 that portion of a single national data base that relates to this state in the Alaska No- 13 Call List established under this subsection; 14 (3) the state is not liable to a person for gathering, managing, or using 15 information in the Alaska No-Call List data base under this subsection or for enforcing 16 the provisions of this subsection; 17 (4) the designated agent is not liable to a person for performing the 18 designated agent's duties under this subsection unless, and only to the extent that, the 19 designated agent commits a willful and wanton act or omission; 20 (5) the designated agent shall revise the data base on a periodic basis 21 with information provided by residential subscribers and local exchange providers; 22 (6) a person may not place or remove the telephone number of another 23 person on the Alaska No-Call List without the authorization of the person to whom the 24 number is assigned; 25 (7) the attorney general shall submit a report to the standing Finance 26 Committees of the Alaska Legislature not later than January 31 each year; the report 27 must include 28 (A) an account of fee revenue received under this section in the 29 previous 12 months; 30 (B) expenditures for administration of the Alaska No-Call List 31 program for the previous 12 months;
01 (C) projections of fee revenue for the next 12 months; and 02 (D) projections of expenditures for administration of the 03 program for the next 12 months, including the expenditures of the designated 04 agent and expenditures of the attorney general. 05 * Sec. 3. AS 45.50.475(d) is amended to read: 06 (d) A person who employs individuals to engage in telephonic 07 [TELEPHONE] solicitations is not liable for the violation of this section 08 [AS 45.50.475] if an employee solicits a residential telephone customer who is 09 identified in the data base [TELEPHONE DIRECTORY] as not wishing to receive 10 telephonic [TELEPHONE] solicitations if the person established that 11 (1) the person has adopted and implemented written procedures to 12 comply with (a) of this section including corrective actions where appropriate; 13 (2) the person has trained its personnel in the procedures established 14 under (1) of this subsection; 15 (3) the call that violated this section [AS 45.50.475] was made 16 contrary to the procedures and policies established by the person; and 17 (4) calls on behalf of the person that result in violations of this section 18 occur not more than twice in a 30-day period [AS 45.50.475 ARE INFREQUENT]. 19 * Sec. 4. AS 45.50.475(e) is amended to read: 20 (e) An individual who solicits a residential telephone customer who is 21 identified in the data base [TELEPHONE DIRECTORY] as not wishing to receive 22 telephonic [TELEPHONE] solicitations is not liable for the violation of this section 23 [AS 45.50.475] if the individual establishes that the individual did not intend to make 24 a call in violation of this section [AS 45.50.475] and did not recklessly disregard 25 information or policies and procedures that would have avoided the improper call. 26 * Sec. 5. AS 45.50.475(g)(3) is amended to read: 27 (3) "telephonic [TELEPHONE] solicitation" 28 (A) means a voice or telefacsimile communication over a 29 [THE SOLICITATION BY A PERSON BY] telephone line [OF A 30 CUSTOMER AT THE RESIDENCE OF THE CUSTOMER] for the purpose 31 of encouraging the [CUSTOMER TO] purchase, lease, or rental of or
01 investment in property, goods, or services, or the making of [MAKE] a 02 donation; 03 (B) does not include 04 (i) calls made in response to a request or inquiry by the 05 called customer or communication made during a call made by the 06 customer; 07 (ii) calls made by a charitable organization, a public 08 agency, or volunteers on behalf of the charitable organization or public 09 agency to members of the organization or agency or to persons who, 10 within the last 24 months, have made a donation to the organization or 11 agency or expressed an interest in making a donation; 12 (iii) calls limited to soliciting the expression of ideas, 13 opinions, or votes; 14 (iv) business-to-business calls; or 15 (v) a person soliciting business from prospective 16 purchasers who have, within the last 24 months, purchased from the 17 person making the solicitation or from the business enterprise for which 18 the person is calling but only if the person or business enterprise has 19 not received a written request from the prospective purchaser asking 20 that telephonic [TELEPHONE] solicitations cease; the person or 21 business enterprise is presumed to have received a written request no 22 later than 10 days after the prospective purchaser mailed it, properly 23 addressed and with the appropriate postage. 24 * Sec. 6. AS 45.50.475 is amended by adding a new subsection to read: 25 (h) A person required to register under AS 45.63.010 or AS 45.68.010(b), or a 26 person who is exempt from registration under AS 45.63.080, shall purchase access to 27 the appropriate data base from the designated agent with which the attorney general 28 has entered into a contract. 29 * Sec. 7. AS 45.63.010(b) is amended to read: 30 (b) To register under (a) of this section, a person shall file with the department 31 (1) a notice of intent to engage in a solicitation campaign; a separate
01 notice of intent shall be filed for each solicitation campaign; 02 (2) an irrevocable consent appointing the department the person's agent 03 for the receipt of service of process in a court action or other proceeding against the 04 person, or the successor in interest of the person, for a violation of this chapter; [AND] 05 (3) an acknowledgment from the designated agent that the person 06 has paid the data base access fee under AS 45.50.475(b)(1)(B); and 07 (4) a signed statement that the person has read and will comply with 08 this chapter and the regulations adopted under this chapter. 09 * Sec. 8. AS 45.63.010(c) is amended to read: 10 (c) Registration under (b) of this section is not complete until the telephonic 11 seller receives an acknowledgment [ACKNOWLEDGEMENT] from the department 12 that the seller has complied with (b) of this section and the telephonic seller has the 13 data base of telephone numbers of residential customers who do not wish to 14 receive telephonic solicitations. 15 * Sec. 9. AS 45.63 is amended by adding a new section to read: 16 Sec. 45.63.045. Required representations. A telephonic seller 17 (1) shall, promptly and in a clear and conspicuous manner, disclose the 18 registered seller's name and telephone number, whom the registered seller represents, 19 and that the call is a sales call; and 20 (2) shall provide the information under (1) of this section at any time 21 during the conversation after it is provided under (1) of this section if requested by a 22 person at the number called; and 23 (3) may not repeatedly cause a telephone to ring or engage a person in 24 a telephone conversation repeatedly or continuously with the intent to annoy, abuse, or 25 harass a person at the telephone number called. 26 * Sec. 10. AS 45.50.475(c) is repealed. 27 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 DATA BASE SETUP. (a) Not later than January 1, 2004, the attorney general shall 30 contract with a designated agent to maintain the Internet web site and data base containing the 31 Alaska No-Call List. If only one entity bids on the contract, the attorney general may, at the
01 attorney general's discretion, award the contract. If no responsive and responsible bids are 02 received, the attorney general may advertise again for bids. The contract must begin not later 03 than July 1, 2004. 04 (b) Not later than six months after the beginning of the contract, the designated agent, 05 using the designated state Internet web site, shall develop and maintain the Alaska No-Call 06 List data base with information provided by residential subscribers. 07 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 TRANSITIONAL PROVISIONS: REGULATIONS. Notwithstanding sec. 13 of this 10 Act, the attorney general may proceed to adopt regulations necessary to implement this Act. 11 The regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 12 effective date of secs. 1 - 10 of this Act. 13 * Sec. 13. Sections 1 - 10 of this Act take effect July 1, 2004. 14 * Sec. 14. Sections 11 and 12 of this Act take effect immediately under AS 01.10.070(c).