SENATE CS FOR CS FOR HOUSE BILL NO. 109(FIN) "An Act relating to telephone solicitations, advertisements, and directory listings and relating to political polling and campaigning by telephone." Representative Kay Brown was invited to join the committee. She explained the new "O" version of the bill and said this version was her preference reflecting the amendments previously adopted. There was one further change on page 4, line 26, the deletion of the words "polling or". She said she pursued the attempt to create a two tier structure, however, that proved to be problematic because of its complexity. In working with the phone company associations she determined that she would not continue pursuit of this matter. The associations did not support a more complex variation. She urged adoption of the "O" draft. Senator Rieger moved "O" version as work draft and without objection it was adopted. Senator Sharp moved amendment #6. He said with this amendment the state could regulate intra-state calls and eliminate calls as outlined by this bill. The federal law passed recently does not give states any option to do inter- state limitations. In response, Representative Brown referred to a letter of May 1, 1996 from Assistant Attorney General, Joseph McKinnon. The last paragraph was read into the record and said there was no limit to telemarketing according to federal regulations implementing the 1994 Telemarketing Act. Representative Brown said she opposed the amendment because it could have the effect of driving business out of the State of Alaska if it only regulated within the State. Most problems lie out of State. She said this amendment would essentially gut the bill. Senator Sharp referred to other states that have passed similar legislation. Senator Rieger said he also opposed the amendment. He had correspondence from the Alaska Telephone Association and said they also opposed this amendment. Senator Sharp felt the association probably opposed the whole bill. He referred to computerized systems but said there were many telephone utilities that do not have access to these systems and rely on manual systems. Senator Rieger read the letter from the Alaska Telephone Association into the record. Senator Sharp felt they were referring to the Judiciary version and not the one presently before the committee. Representative Brown said the two versions were essentially the same and the only changes were the additional amendments from Senator Pearce in sections 1 and 2. That did not affect the issue they were speaking to. She further re-iterated that she did not support this amendment. Co-chairman Halford asked for a vote on amendment #6 and it failed adoption. Senator Sharp referred to limitation on calls from charitable organizations being from volunteers. He felt this bill still allowed for paid professionals from the Lower '48 to conduct the calls. Representative Brown said she believed the committee did not act on the amendment proposed by Senator Sharp at the last meeting regarding this. She felt that the way it read now included employees of the organization or volunteers on behalf of the organization. Both a staff person or volunteer would be covered. Calls would not be covered if the person had made a contribution within the last twenty-four months. It would not be an open-ended exemption. Senator Sharp said the problem with the bill still allowed the two areas that do 90% of the calls that individuals do not ask for to occur. One is polling and the other is charitable organizations. Those violating privacy cannot continue to do so. Senator Rieger moved SCS CSHB 109(FIN) and with the objections of Senators Frank, Sharp and Phillips being duly noted it was reported out with individual recommendations and zero fiscal notes from the Department of Commerce and Economic Development and Department of Law. Representative Brown asked if the committee wished to adopt the letter of intent from the House Judiciary. She read the letter of intent into the record and said the Telephone Association and the House supported this. Co-chairman Halford said that without objection the letter of intent would go with the bill.