02/19/2004 01:45 PM House FIN

HOUSE BILL NO. 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.                                                                                                            
                                                                                                                                
REPRESENTATIVE  HUGH FATE explained  that last year,  federal                                                                   
legislation superceded  HB 15.   That legislation  was tested                                                                   
         th                                                                                                                     
in the 10  District  Court.  The Appeals Court  decision came                                                                   
forward last week  stating that it is "proper".   The federal                                                                   
legislation  stands in place  but the  Department of  Law has                                                                   
found that they do not cover those  subsequent areas that are                                                                   
applicable to  the State of Alaska.   At one time,  there was                                                                   
to be  a Governor's  bill, which  could close the  loopholes.                                                                   
To  date,  the Department  has  chosen  the bill  before  the                                                                   
Committee as the vehicle to address these concerns.                                                                             
                                                                                                                                
Co-Chair  Harris  MOVED  to adopt  work  draft  version  #23-                                                                   
LS0058\S, Craver, 2/17/04, as  the version of the legislation                                                                   
before  the Committee.    There being  NO  OBJECTION, it  was                                                                   
adopted.                                                                                                                        
                                                                                                                                
JIM POUND,  STAFF, REPRESENTATIVE  HUGH FATE, explained  that                                                                   
the  bill  was  drafted after  the  federal  legislation  and                                                                   
regulations.  HB  15 was drafted to enhance  that legislation                                                                   
for  the  State  of  Alaska.     The  bill  would  allow  the                                                                   
Department of Law  to be the lead agency providing  them with                                                                   
the   enforcement   authority   to   register   telemarketers                                                                   
throughout the State.   The bill would eliminate  some of the                                                                   
harassment potential that is not  in the federal legislation.                                                                   
                                                                                                                                
Representative  Croft inquired if  there had been  any change                                                                   
from the State Affairs version  to the registration fee.  Mr.                                                                   
Pound  stated  that there  would  be  no in  State  registry.                                                                   
There will  be no fee  to the consumer  but there will  be to                                                                   
the telemarketers.                                                                                                              
                                                                                                                                
Representative Croft  asked if the telemarketer  fee would be                                                                   
the same  as indicated  in the  House State Affairs  version.                                                                   
Mr. Pound reiterated that there  is no fee to the consumer at                                                                   
the  federal level.   The  fee  to the  telemarketer will  be                                                                   
established through regulation.                                                                                                 
                                                                                                                                
Co-Chair  Harris commented  on  the fiscal  note  originating                                                                   
from the  House State  Affairs Committee.   He asked  if that                                                                   
note would  be changed with the  Finance version.   Mr. Pound                                                                   
assumed that a new note would be zero.                                                                                          
                                                                                                                                
Co-Chair Harris  referenced note #3,  FY04, and asked  if the                                                                   
$103 thousand  dollars would be  shifted to FY05.   Mr. Pound                                                                   
pointed  out  that  the  fiscal note  from  the  House  State                                                                   
Affairs Committee  was based on  a "very different"  piece of                                                                   
legislation.     It  was  establishing   and  setting   up  a                                                                   
registration process  to create a  "do not call" list  in the                                                                   
State of Alaska.   When the bill was first  introduced, there                                                                   
was no national  registry.  There  is now a "National  Do Not                                                                   
Call"  list, which  Alaska participates  in and  is the  list                                                                   
that will be used.                                                                                                              
                                                                                                                                
CYNTHIA   DRINKWATER,    (TESTIFIED   VIA    TELECONFERENCE),                                                                   
ASSISTANT  ATTORNEY GENERAL,  DEPARTMENT  OF LAW,  ANCHORAGE,                                                                   
advised  that  if  the Committee  adopts  the  House  Finance                                                                   
Committee substitute, the Department  of Law fiscal note will                                                                   
be different.   The primary  expenditures in the  note before                                                                   
the  Committee  were  based  on  creating,  implementing  and                                                                   
maintaining  a separate registry.   If that  was not  part of                                                                   
the  bill,  the  costs  would   be  eliminated.    There  are                                                                   
amendments  to  the  bill  requiring  registration  fees  for                                                                   
telemarketers,  case lists  and  charitable organizations  to                                                                   
pay registration fees going to the general fund.                                                                                
                                                                                                                                
Co-Chair Harris reiterated that  the Department of Law fiscal                                                                   
note currently  before the  Committee is  not accurate.   Ms.                                                                   
Drinkwater  advised that  the Department  would submit  a new                                                                   
note  as   soon  as  the   Committee  adopts   the  committee                                                                   
substitute.    Co-Chair  Harris   noted  that  the  committee                                                                   
substitute had been  adopted and asked how quickly  could the                                                                   
Department submit the new note.   Ms. Drinkwater replied that                                                                   
it would be  quickly and guaranteed it would  be available by                                                                   
2/23/04.                                                                                                                        
                                                                                                                                
Co-Chair  Harris  MOVED  that  CS  HB 15  (FIN)  be  HELD  in                                                                   
Committee until the new fiscal note had arrived.                                                                                
                                                                                                                                
MARIE DARLIN, ALASKA ASSOCIATION  OF RETIRED PERSONS, JUNEAU,                                                                   
requested to  testify on  the bill when  the new  fiscal note                                                                   
arrived in Committee.                                                                                                           
                                                                                                                                
CS  HB   15  (FIN)   was  HELD   in  Committee  for   further                                                                   
consideration.