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 REPRESENTATIVE HUGH FATE explained that last year, federal legislation superceded HB 15.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.