00                            SENATE BILL NO. 40                                                                          
01 "An Act prohibiting certain automated telephone solicitations."                                                         
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 45.50.475(a) is amended to read:                                                                   
04            (a)  A person is in violation of AS 45.50.471(b)(41) if the person                                           
05                 (1)  [REPEALED                                                                                          
06                 (2)]  engages in the telephone solicitation of a customer whose                                         
07       telephone number has been registered with the national do not call registry for the                               
08       minimum amount of time required by the national do not call registry before the date                              
09       the call is made;                                                                                                 
10                 (2) [(3)]  engages in the telephone solicitation of a customer who has                              
11       previously communicated to the telephone solicitor, or to the business enterprise or                              
12       charitable organization for which the person is calling, the customer's desire not to                             
13       receive telephone solicitations to that number;                                                                   
14                 (3) [OR (4)]  originates a telephone call using an automated or recorded                            
15       message as a telephonic advertisement or a telephone solicitation; or                                         

01                 (4)  uses an automated telephone system, device, or facsimile                                       
02       machine for the selection and dialing of telephone numbers and playing of                                     
03       recorded messages if a message is completed to the dialed number for the                                      
04       purpose of                                                                                                    
05                      (A)  offering goods or services for sale;                                                      
06                      (B)  conveying information on goods or services in soliciting                                  
07            sales or purchases;                                                                                      
08                      (C)  soliciting information;                                                                   
09                      (D)  gathering data or statistics; or                                                          
10                      (E)  promoting a political campaign or any use related to a                                    
11            political campaign.                                                                                      
12    * Sec. 2. AS 45.50.475 is amended by adding a new subsection to read:                                              
13            (h)  A person is not liable for a violation of (a)(4) of this section if the person                          
14       uses                                                                                                              
15                 (1)  an automated telephone system, device, or facsimile machine for                                    
16       the purposes of                                                                                                   
17                      (A)  informing purchasers of the receipt, availability for                                         
18            delivery, delay in delivery, or other pertinent information on the status of any                             
19            purchased goods or services;                                                                                 
20                      (B)  responding to an inquiry initiated by the person receiving                                    
21            the automated communication; or                                                                              
22                      (C)  informing the recipient of a matter involving public safety;                                  
23            or                                                                                                           
24                 (2)  an automated telephone system or device if the person obtains the                                  
25       permission of the called party by a live operator before the recorded message is                                  
26       delivered.