00                             HOUSE BILL NO. 93                                                                          
01 "An Act relating to unwanted telephone solicitations on a cellular or mobile telephone                                  
02 and making those calls to cellular or mobile telephones registered with the national do                                 
03 not call registry violations of the Alaska Unfair Trade Practices and Consumer                                          
04 Protection Act."                                                                                                        
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 45.50.475(g) is amended to read:                                                                   
07            (g)  In this section,                                                                                        
08                 (1)  "charitable organization" has the meaning given in AS 45.68.900;                                   
09                 (2)  "customer" means a telephone customer of a telecommunications                                      
10       company;                                                                                                          
11                 (3)  "national do not call registry" means the data base of telephone                                   
12       numbers of customers who do not wish to receive telephone solicitations established                               
13       and maintained by the Federal Trade Commission and the Federal Communications                                     
14       Commission;                                                                                                       

01                 (4)  "telephone solicitation"                                                                           
02                      (A)  means the solicitation by a person by telephone of a                                          
03            customer at the residence of the customer or on a customer's cellular or                                 
04            mobile telephone for the purpose of encouraging the customer to purchase                                 
05            property, goods, or services, or make a donation;                                                            
06                      (B)  does not include                                                                              
07                           (i)  calls made in response to a request or inquiry by the                                    
08                 called customer or communication made during a call made by the                                         
09                 customer;                                                                                               
10                           (ii)  calls made by a charitable organization or                                              
11                 volunteers on behalf of the charitable organization to a member of the                                  
12                 organization or to a person who, within the last 18 months, has made a                                  
13                 donation to the organization or expressed an interest in making a                                       
14                 donation, but only if the charitable organization has not received a                                    
15                 request from the member or person asking that the telephone                                             
16                 solicitations cease;                                                                                    
17                           (iii)  calls limited to soliciting the expression of ideas,                                   
18                 opinions, or votes;                                                                                     
19                           (iv)  business-to-business calls; or                                                          
20                           (v)  a person soliciting business from prospective                                            
21                 purchasers who have, within the last 18 months, purchased from the                                      
22                 person making the solicitation or from the business enterprise for which                                
23                 the person is calling but only if the person or business enterprise has                                 
24                 not received a request from the prospective purchaser asking that                                       
25                 telephone solicitations cease; the person or business enterprise is                                     
26                 presumed to have received a written request no later than 10 days after                                 
27                 the prospective purchaser mailed it, properly addressed and with the                                    
28                 appropriate postage.