Legislature(2009 - 2010)BARNES 124

02/13/2009 03:15 PM LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 93 DO NOT CALL REGISTRY--MOBILE/CELL PHONES TELECONFERENCED
Moved Out of Committee
*+ HB 102 UNIFORM COMMERCIAL CODE TELECONFERENCED
Moved Out of Committee
HB 93-DO NOT CALL REGISTRY--MOBILE/CELL PHONES                                                                                
                                                                                                                                
                                                                                                                              
3:20:23 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON announced  that the first order of  business would be                                                               
HOUSE  BILL  NO.  93,  "An Act  relating  to  unwanted  telephone                                                               
solicitations on a cellular or  mobile telephone and making those                                                               
calls  to  cellular  or mobile  telephones  registered  with  the                                                               
national do  not call  registry violations  of the  Alaska Unfair                                                               
Trade Practices and Consumer Protection Act."                                                                                   
                                                                                                                                
3:20:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MIKE  CHENAULT, Alaska State  Legislature, Juneau,                                                               
Alaska, read his sponsor statement  on HB 93, as follows[original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     House Bill  93 adds a  cellular or mobile  telephone to                                                                    
     the  definition   of  the  telephone   solicitation  as                                                                    
     defined under  AS 45.50.475(g).  In  essence, this bill                                                                    
     adds to  state statute,  cell or  mobile phones  to the                                                                    
     unlawful,   unwanted   telephone   advertisements   and                                                                    
     solicitations section.                                                                                                     
                                                                                                                                
     The Federal Trade Commission,  which has oversight over                                                                    
     the Do Not  Call Registry, opened this  service in June                                                                    
     2003.  The service allows  a consumer to register their                                                                    
     telephone  or cellular  or  mobile  phones should  that                                                                    
     consumer wish to limit telemarketing calls.                                                                                
                                                                                                                                
     The  state statute  does not  recognize cell  or mobile                                                                    
     phones  under the  definition of  prohibited activities                                                                    
     as it  relates to  telephone solicitation.   House Bill                                                                    
     93 revises the  definition to put our  statutes more in                                                                    
     line with  federal guidelines and  makes it  clear that                                                                    
        Alaskan consumers have protection from unwanted                                                                         
     telemarketing calls.                                                                                                       
                                                                                                                                
3:22:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN  asked  whether the  bill  covers  satellite                                                               
phones.                                                                                                                         
                                                                                                                                
REPRESENTATIVE CHENAULT  answered that  it is his  intention that                                                               
HB 93 would cover all telephones.                                                                                               
                                                                                                                                
REPRESENTATIVE  CHENAULT,  in  response to  Representative  Lynn,                                                               
offered his belief  that HB 93 as written covers  all phones.  He                                                               
related  that  "cellular" refers  to  cellular  phones, and  that                                                               
satellite phones will be covered under mobile phones.                                                                           
                                                                                                                                
REPRESENTATIVE NEUMAN  reiterated for  the record  that satellite                                                               
phones will be covered under the bill.                                                                                          
                                                                                                                                
REPRESENTATIVE BUCH offered his  appreciation the sponsor brought                                                               
this  matter forward  and that  the sponsor  has worked  with the                                                               
authorities.    He remarked  that  some  people have  been  taken                                                               
advantage of  by telephone solicitations.   Thus, he  is thankful                                                               
the issue will be addressed under the bill.                                                                                     
                                                                                                                                
3:23:41 PM                                                                                                                    
                                                                                                                                
MARIE DARLIN,  Coordinator, AARP Capital City  Task Force, stated                                                               
that  she has  submitted a  letter  of support  for HB  93.   She                                                               
stated that the  AARP Capital City Task Force worked  hard on the                                                               
original "do  not call" legislation  that passed  the legislature                                                               
some time ago.  She opined  that including cell phones and mobile                                                               
phones is an  important step forward.  She urged  members to pass                                                               
HB 93.                                                                                                                          
                                                                                                                                
3:24:38 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON,  after first determining  no one wished  to testify,                                                               
closed public testimony on HB 93.                                                                                               
                                                                                                                                
3:24:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN  related that  a  "no  call list"  has  been                                                               
developed for  regular telephone  directories and inquired  as to                                                               
whether a directory has been developed for cellular phones.                                                                     
                                                                                                                                
CHAIR  OLSON  answered  that  the listings  are  available  on  a                                                               
compact disc (CD)  or digitally by direct marketing.   In further                                                               
response  to Representative  Lynn, Chair  Olson said  he did  not                                                               
know.   He surmised  that the  federal government  probably would                                                               
supply the information at no cost.                                                                                              
                                                                                                                                
3:25:37 PM                                                                                                                    
                                                                                                                                
TOM  WRIGHT, Staff,  Representative Mike  Chenault, Alaska  State                                                               
Legislature,   explained  on   behalf  of   the  prime   sponsor,                                                               
Representative Mike  Chenault, that he  has been in  contact with                                                               
Alaska Communications  System (ACS)  and AT&T Alascom  to discuss                                                               
the  issue.     He  explained  that  carriers   such  as  Verizon                                                               
Communications are currently  compiling directories together, but                                                               
restricted to 411  services.  He related that HB  93 is proactive                                                               
so that in the event  directories are ever published for cellular                                                               
phones,  they will  be covered  under the  national "Do  Not Call                                                               
Registry"  under the  federal statute  if the  directories become                                                               
public.                                                                                                                         
                                                                                                                                
3:26:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN moved to report  HB 93, Version 26-LS0413\A                                                               
out  of   committee  with  individual  recommendations   and  the                                                               
accompanying fiscal notes.   There being no objection,  HB 93 was                                                               
reported from the House Labor and Commerce Standing Committee.                                                                  
                                                                                                                                
3:27:04 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:27 p.m. to 3:29 p.m.                                                                       
                                                                                                                                

Document Name Date/Time Subjects
01 HB93 ver A.pdf HL&C 2/13/2009 3:15:00 PM
HB 93
01 HB102 A.pdf HL&C 2/13/2009 3:15:00 PM
HB 102
02 HB93 Sponsor Statement.pdf HL&C 2/13/2009 3:15:00 PM
HB 93
03 HB93-LAW-CIV-02-06-09 (2).pdf HL&C 2/13/2009 3:15:00 PM
HB 93
04 HB93 FTC Info.pdf HL&C 2/13/2009 3:15:00 PM
HB 93
05 HB93 Do Not Call Registry Questions and Answers.pdf HL&C 2/13/2009 3:15:00 PM
HB 93
06 HB93 AS45 Statute.pdf HL&C 2/13/2009 3:15:00 PM
HB 93
02 HB102 Sponsor Statement.pdf HL&C 2/13/2009 3:15:00 PM
HB 102
03 HB102 Sectional Analysis.pdf HL&C 2/13/2009 3:15:00 PM
HB 102
04 HB102-CED-CO-2-9-09.pdf HL&C 2/13/2009 3:15:00 PM
HB 102
05 HB102 UCC BackUp.pdf HL&C 2/13/2009 3:15:00 PM
HB 102
06 HB102 (01) Article 1 Changes - Annotated Version.pdf HL&C 2/13/2009 3:15:00 PM
HB 102
07 HB102 (02) Article 1 Changes - Annotated Version.pdf HL&C 2/13/2009 3:15:00 PM
HB 102
08 HB102 (01) Article 7 Changes - Annotated Version.pdf HL&C 2/13/2009 3:15:00 PM
HB 102
09 HB102 (02) Article 7 Changes - Annotated Version.pdf HL&C 2/13/2009 3:15:00 PM
HB 102