Legislature(2003 - 2004)
02/23/2004 01:40 PM House FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
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 advised that Co-Chair Harris had
requested more information on the new fiscal note
accompanying Work Draft 23-LS0058\S and stated that it has a
positive impact.
Co-Chair Williams commented that the new Department of Law
fiscal note dated 2-23-04 shows an increase of $7.6 in
revenues but no expenditures.
Representative Fate moved Amendment 1. Co-Chair Harris
OBJECTED for purposes of discussion.
Amendment 1 reads:
Page 1, lines 13-14:
Delete "at least 90 days"
Insert "the minimum amount of time required by the
national do not call registry"
Page 2, lines 20-21:
Delete "in good faith"
Insert "as a result of a good faith error"
Page 7, line 14:
Delete "This chapter does"
Insert "AS 43.63.010, 45.63.015, 45.63.020, and
AS 45.63.030(c) and (d) do [THIS CHAPTER DOES]"
JIM POUND, STAFF to REPRESENTATIVE HUGH FATE, stated that he
and Representative Fate had worked closely with Cynthia
Drinkwater, Department of Law, Anchorage, on the amendments.
MARIE DARLIN, COORDINATOR OF CAPITAL CITY TASK FORCE, Alaska
Association of Retired Persons (AARP), spoke in support of
the bill. She expressed concern that the provisions in the
national do not call list would still apply, and would
extend to intrastate telemarketers. The AARP is not
concerned if the state doesn't require registration or
payment of a fee, but would prefer the telemarketers use the
national list. The AARP supports people having their right
to privacy restored and it does not oppose the amendments.
She noted that thousands of Alaskans signed up for the
national do not call list.
Mr. Pound explained Amendment 1, stating that the first of
the three changes would bring Alaska law into conformity
with federal law and regulation. The federal law had
shorter language. The second change is a technical
correction to the language to make the error in good faith,
instead of the call. The third and largest change addresses
the businesses listed in AS 45.63.80 who would be exempt
from registration requirements and fees, but would still be
required to meet the requirements of the no call list at
both the state and federal levels and be subject to the
penalties that will be established in regulation by the
Department of Law.
Co-Chair Harris removed his objection to Amendment 1.
Representative Croft asked for clarification of the third
part of the amendment, questioning if the businesses would
still be under the substantive provisions of the no call
list. Mr. Pound replied the businesses would not be
required to register or pay a fee, but could not call the no
call list.
Representative Croft asked if the businesses are mainly
charities. Mr. Pound explained that these are businesses
falling under other areas of Alaska and federal statute,
including realtors and insurance companies. The change also
corrects a technical error.
Representative Croft noted that it is a long list, and
questioned the exemption of funeral homes and insurance
agents from paying fees. Mr. Pound replied that they were
exempted in the past and it was easier to retain their
exemption.
Representative Croft referred to page 9, line 4,
subparagraph 17, asking if it refers to generic
solicitation. Mr. Pound clarified that it refers to a
company calling to set up an appointment for a
demonstration, not to sell a product.
In response to a question by Representative Croft, Mr. Pound
explained that the bill would remove the prior exemption of
the businesses from the enforceable do not call list, but
would not require fees.
CYNTHIA DRINKWATER, ASSISTANT ATTORNEY GENERAL,
COMMERICAL/FAIR BUSINESS SECTION, DEPARTMENT of LAW,
ANCHORAGE VIA TELECONFERENCE, clarified that the list of
seventeen current exemptions is in the registration portion
of the law, the Telephonics Solicitations Act, and is
separate from the do not call provision. The list is not
exempted from the do not call provision, only the
registration requirement.
In response to a question by Representative Croft, Ms.
Drinkwater stated the businesses would still purchase the
federal registry for Alaska, and a violation would be
subject to federal law and, with the passage of HB 15, state
law as well.
There being NO OBJECTION, Amendment 1 was adopted.
Representative Fate MOVED to report CS HB 15 out of
Committee with individual recommendations and the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
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