Legislature(2003 - 2004)
02/23/2004 01:40 PM House FIN
* first hearing in first committee of referral
= bill was previously heard/scheduled
= 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.