HB 8: "An Act relating to establishing 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, and 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."
00 HOUSE BILL NO. 8 01 "An Act relating to establishing a data base of residential telephone customers who do 02 not wish to receive telephonic solicitations, providing that the data base be compiled at 03 no cost to the customers, requiring paid telephonic sellers to purchase the data base, 04 requiring telephonic sellers to identify themselves, and requiring telephonic solicitors 05 who are otherwise exempt from registration as telephonic solicitors to file with the 06 Department of Law and purchase the data base; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 37.05.146(c) is amended by adding a new paragraph to read: 09 (77) receipts of the Department of Law from fees for the data base 10 under AS 45.50.475. 11 * Sec. 2. AS 45.50.475(a) is amended to read: 12 (a) A person is in violation of AS 45.50.471(b)(41) if the person 13 (1) engages in the telephonic [TELEPHONE] solicitation of a
01 residential telephone customer of a telecommunications company and the customer is 02 identified in the data base established under (b) of this section [TELEPHONE 03 DIRECTORY AS NOT WISHING TO RECEIVE TELEPHONE SOLICITATIONS]; 04 or 05 (2) originates a telephone call using an automated or recorded message 06 as a telephonic advertisement or solicitation. 07 * Sec. 3. AS 45.50.475(b) is repealed and reenacted to read: 08 (b) A data base of telephone numbers of residential customers who do not 09 wish to receive telephonic solicitations shall be established and maintained by an 10 administrator under contract with the attorney general. The attorney general shall 11 advertise for bids for the contract and shall include in the contract provisions to 12 reimburse the attorney general for meeting the department's obligations under this 13 section and any other provisions that the attorney general determines are in the public 14 interest. The administrator shall make the data base available for a fee to those 15 persons intending to engage in telephonic solicitations, including persons required to 16 purchase the data base under AS 45.63.010 and 45.63.080. The fees charged by the 17 administrator for the data base shall cover the costs of creating, updating, and 18 maintaining the data base. The fee for a data base and updates may not exceed $750 19 annually. Fees paid to the administrator shall be considered income to the 20 administrator in the manner specified in the contract. A residential customer may add 21 the customer's personal telephone number to the data base, and may withdraw it from 22 the data base, by means of a toll-free telephone call to the administrator. A residential 23 customer's notice of objection to telephonic solicitations is effective until withdrawn 24 by the customer. Information contained in the data base shall be used only for the 25 purpose of compliance with this section or in a proceeding or action under 26 AS 45.50.471 - 45.50.561 (the unfair trade practices and consumer protection 27 statutes), AS 45.63 (telephonic solicitations), or AS 45.68 (charitable solicitations). 28 The information contained in the data base is not open to public inspection or 29 disclosure. To implement this subsection, the attorney general shall adopt regulations 30 that specify 31 (1) the effect of a change of a residential customer's telephone number
01 on a notice of objection to telephonic solicitations; 02 (2) the frequency with which the data base is updated; 03 (3) the methods by which a person or entity desiring to make telephone 04 solicitations may obtain access to the data base to avoid calling the telephone numbers 05 of residential customers included in the data base; 06 (4) the fees for access to or for paper or electronic copies of the data 07 base established under this subsection; and 08 (5) any other matter relating to the data base that the attorney general 09 considers desirable, recognizing the cost to local exchange carriers. 10 * Sec. 4. AS 45.50.475(d) is amended to read: 11 (d) A person who employs individuals to engage in telephonic 12 [TELEPHONE] solicitations is not liable for the violation of this section 13 [AS 45.50.475] if an employee solicits a residential telephone customer who is 14 identified in the data base [TELEPHONE DIRECTORY] as not wishing to receive 15 telephonic [TELEPHONE] solicitations if the person established that 16 (1) the person has adopted and implemented written procedures to 17 comply with (a) of this section including corrective actions where appropriate; 18 (2) the person has trained its personnel in the procedures established 19 under (1) of this subsection; 20 (3) the call that violated this section [AS 45.50.475] was made 21 contrary to the procedures and policies established by the person; and 22 (4) calls on behalf of the person that result in violations of this section 23 [AS 45.50.475] are infrequent. 24 * Sec. 5. AS 45.50.475(e) is amended to read: 25 (e) An individual who solicits a residential telephone customer who is 26 identified in the data base [TELEPHONE DIRECTORY] as not wishing to receive 27 telephonic [TELEPHONE] solicitations is not liable for the violation of this section 28 [AS 45.50.475] if the individual establishes that the individual did not intend to make 29 a call in violation of this section [AS 45.50.475] and did not recklessly disregard 30 information or policies and procedures that would have avoided the improper call. 31 * Sec. 6. AS 45.50.475(f) is amended to read:
01 (f) Local exchange telecommunications companies shall inform residential 02 customers of the provisions of this section. Notification shall [MAY] be made by 03 (1) annual inserts in the billing statements mailed to residential 04 customers; and [OR] 05 (2) conspicuous publication of the notice in the consumer information 06 pages of local telephone directories. 07 * Sec. 7. AS 45.50.475(g)(3) is amended to read: 08 (3) "telephonic [TELEPHONE] solicitation" 09 (A) means the solicitation by a person by telephone of a 10 customer at the residence of the customer for the purpose of encouraging the 11 customer to purchase property, goods, or services, or make a donation; 12 (B) does not include 13 (i) calls made in response to a request or inquiry by the 14 called customer or communication made during a call made by the 15 customer; 16 (ii) calls made by a charitable organization, a public 17 agency, or volunteers on behalf of the charitable organization or public 18 agency to members of the organization or agency or to persons who, 19 within the last 24 months, have made a donation to the organization or 20 agency or expressed an interest in making a donation; 21 (iii) calls limited to soliciting the expression of ideas, 22 opinions, or votes; 23 (iv) business-to-business calls; or 24 (v) a person soliciting business from prospective 25 purchasers who have, within the last 24 months, purchased from the 26 person making the solicitation or from the business enterprise for which 27 the person is calling but only if the person or business enterprise has 28 not received a written request from the prospective purchaser asking 29 that telephonic [TELEPHONE] solicitations cease; the person or 30 business enterprise is presumed to have received a written request no 31 later than 10 days after the prospective purchaser mailed it, properly
01 addressed and with the appropriate postage. 02 * Sec. 8. AS 45.50.475 is amended by adding a new subsection to read: 03 (h) A person required to register under AS 45.63.010 or a person who is 04 exempt from registration under AS 45.63.080 shall purchase the appropriate data base 05 from the attorney general or from an entity with which the attorney general has 06 entered into a contract, as provided in AS 45.63.010 or 45.63.080. 07 * Sec. 9. AS 45.63.010(b) is amended to read: 08 (b) To register under (a) of this section, a person shall file with the department 09 (1) a notice of intent to engage in a solicitation campaign; a separate 10 notice of intent shall be filed for each solicitation campaign; 11 (2) an irrevocable consent appointing the department the person's agent 12 for the receipt of service of process in a court action or other proceeding against the 13 person, or the successor in interest of the person, for a violation of this chapter; [AND] 14 (3) a request and payment for the appropriate data base compiled 15 under AS 45.50.475(b) of the telephone numbers of residential customers who do 16 not wish to receive telephonic solicitations; and 17 (4) a signed statement that the person has read and will comply with 18 this chapter and the regulations adopted under this chapter. 19 * Sec. 10. AS 45.63.010(c) is amended to read: 20 (c) Registration under (b) of this section is not complete until the telephonic 21 seller receives an acknowledgement from the department that the seller has complied 22 with (b) of this section and the telephonic seller has the data base of telephone 23 numbers of residential customers who do not wish to receive telephonic 24 solicitations. 25 * Sec. 11. AS 45.63 is amended by adding a new section to read: 26 Sec. 45.63.045. Required representations. The telephonic seller shall inform 27 each person called of the registered seller's name and telephone number before making 28 any other communications to any person or occupant of the residence called, and shall 29 provide that information at any time thereafter if requested by a person at the number 30 called. 31 * Sec. 12. AS 45.63.080 is amended by adding new subsections to read:
01 (b) Notwithstanding (a) of this section, not less than 30 days before making a 02 telephonic solicitation, as defined in AS 45.50.475, a person exempt from other 03 provisions of this chapter under (a) of this section shall file on the form required by 04 the department 05 (1) a notice of intent with the department to engage in telephonic 06 solicitation; 07 (2) an irrevocable consent appointing the department the person's agent 08 for the receipt of service of process in a court action or other proceeding against the 09 person for a violation of this section; and 10 (3) a request and payment for the appropriate data base compiled under 11 AS 45.50.475(b) of the telephone numbers of residential customers who do not wish to 12 receive telephonic solicitation. 13 (c) A person exempt from other provisions of this chapter under (a) of this 14 section may not engage in telephonic solicitations until the person receives an 15 acknowledgment from the department that the person has complied with (b) of this 16 section. 17 (d) A person exempt from other provisions of this chapter under (a) of this 18 section is required to comply with (b) of this section each calendar year in which the 19 person makes telephonic solicitations. 20 (e) A charitable organization that is registered to make solicitations under 21 AS 45.68 and is acting in a capacity that is covered by the registration is exempt from 22 the requirements of (b) - (d) of this section. 23 (f) A violation of (b) - (d) of this section constitutes an unfair or deceptive act 24 or practice under AS 45.50.471. 25 * Sec. 13. AS 45.50.475(c) is repealed. 26 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 TRANSITIONAL PROVISIONS: REGULATIONS. Notwithstanding sec. 15 of this 29 Act, the attorney general may proceed to adopt regulations necessary to implement this Act. 30 The regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 31 effective date of secs. 1 - 13 of this Act.
01 * Sec. 15. Sections 1 - 13 of this Act take effect July 1, 2004. 02 * Sec. 16. Section 14 of this Act takes effect immediately under AS 01.10.070(c).