SB 209-1_ Filed 01/25/2000, 13:42

COMMITTEE REPORT

MR. PRESIDENT:

    The Senate Committee on Commerce and Consumer Affairs, to which was referred Senate Bill No. 209, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

SOURCE: Page 1, line 5; (00)CR020901.1. -->     Page 1, delete lines 5 through 17, begin a new paragraph and insert:
    " Sec. 1. As used in this chapter, "consumer" means an actual or a prospective purchaser, lessee, or recipient of consumer goods or services.
    Sec. 2. As used in this chapter, "consumer goods or services" means real property or tangible or intangible personal property that is normally used for personal, family, or household purposes, including:
        (1) property intended to be attached to or installed in real property without regard to whether it is attached or installed;
        (2) cemetery lots;
        (3) timeshare estates;
        (4) services related to the property; and
        (5) credit cards.
    Sec. 3. As used in this chapter, "doing business in Indiana" refers to a business that conducts telephone sales calls from a location in Indiana or from other states or nations to consumers located in Indiana.
    Sec. 4. As used in this chapter, "listing" refers to the no sales solicitation listing published by the office of the utility consumer counselor that lists the names of persons who do not wish to receive

telephone sales calls.
    Sec. 5. As used in this chapter, "office" refers to the office of the utility consumer counselor.
    Sec. 6. As used in this chapter, "telephone solicitor" means an individual, a firm, an organization, a partnership, an association, or a corporation, including affiliates and subsidiaries, doing business in this state, except those subject to 47 CFR parts 64 and 68, that makes or causes to be made a telephone sales call.
    Sec. 7. (a) As used in this chapter, "telephone sales call" means a call made by a telephone solicitor to a consumer for the purpose of:
        (1) soliciting a sale of consumer goods or services;
        (2) soliciting an extension of credit for consumer goods or services; or
        (3) obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes.
    (b) The term does not include any of the following:
        (1) A telephone call made in response to an express request of the person called.
        (2) A telephone call made primarily in connection with an existing debt or contract for which payment or performance has not been completed at the time of the call.
        (3) A telephone call made to a person with whom the telephone solicitor has had a business relationship within the past eighteen (18) months.
        (4) A telephone call made to a person for whom a referral has been received from an existing customer or client of the telephone solicitor. The telephone solicitor must provide the name of the referring customer or client to the person called at the time the call is made.
        (5) A telephone call made on behalf of a business that during a year makes not more than five hundred (500) calls:
            (A) not otherwise described in this subsection; and
            (B) to persons located not more than ten (10) miles from the primary business location of the business.
        The telephone solicitor must provide the address of the primary business location of the business at the time the call

is made.
        (6) A telephone call by a newspaper publisher or the publisher's agent or employee in connection with that business.
        (7) A telephone call made on behalf of a charitable organization.
        (8) A telephone call made on behalf of a political candidate or political party.
        (9) A telephone call made by a person licensed under IC 25-34.1 who calls an actual or prospective seller, lessor, or purchaser of real property.
    Sec. 8. (a) The office shall publish a quarterly listing of telephone numbers of persons who request not to be solicited by telephone.
    (b) The office shall place the telephone number of a residential, mobile, or telephonic paging device telephone subscriber on the listing if:
        (1) the subscriber notifies the office according to a procedure established by the office; and
        (2) the office receives a ten dollar ($10) initial listing charge for each telephone number listed.
The listing for each telephone number must be renewed annually by the office upon receipt of a renewal notice and payment of a five dollar ($5) renewal fee for each telephone number.
    (c) The office shall update the listing upon receipt of initial consumer subscriptions or renewals.
    (d) The office shall adopt rules under IC 4-22-2 to establish a fee for providing the listing to telephone solicitors upon the telephone solicitor's request. The fee established under this subsection may not exceed the amount necessary to reimburse the office for the costs of providing the listing to telephone solicitors.
    (e) The office shall furnish the listing free of charge to an organization whose purpose is to create a list of names of people who do not want calls from telephone solicitors. The organization may disseminate the listing to its members instead of a member purchasing the listing from the office. However, the organization must provide notice to the office of the name, address, and phone number of the organization's members to whom the list is

disseminated.
    (f) All fees imposed under this chapter must be deposited in the utility consumer counselor solicitation fund established by section 9 of this chapter.
    Sec. 9. (a) The utility consumer counselor solicitation fund is established for the purpose of the administration of this chapter and shall be used exclusively for this purpose.
    (b) The fund shall be administered by the office.
    (c) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
    Sec. 10. (a) A telephone solicitor may not make or cause to be made a telephone sales call to a:
        (1) residential;
        (2) mobile; or
        (3) telephonic paging device;
telephone number, if that telephone number appears in the most current quarterly listing published by the office.
    (b) A telephone solicitor who makes a telephone sales call to a residential, mobile, or telephonic paging device telephone number shall disclose the:
        (1) solicitor's true first and last name; and
        (2) name of the business on whose behalf the telephone solicitor is soliciting;
immediately upon making contact by telephone with the person who is the subject of the telephone solicitation.
    (c) This subsection does not apply to a person obtaining consumer information for inclusion in directory assistance and telephone directories sold by telephone companies and organizations exempt under section 501(c)(3) or section 501(c)(6) of the Internal Revenue Code. A telephone solicitor or person who obtains consumer information that includes:
        (1) residential;
        (2) mobile; or
        (3) telephonic paging device;
telephone numbers shall exclude the telephone numbers that appear on the office's most current listing.
    Sec. 11. The office shall investigate complaints received concerning violations of this chapter.


    Sec. 12. The office shall notify Indiana residents of the rights and duties created by this chapter.
    Sec. 13. A telephone solicitor who knowingly or intentionally fails to comply with section 10 of this chapter commits a Class A misdemeanor. However, the offense is a Class D felony if the telephone solicitor has a prior unrelated conviction for an offense under this chapter.
    Sec. 14. A telephone solicitor who fails to comply with any provision of this chapter commits a deceptive act that is actionable by the attorney general under IC 24-5-0.5-4 (c) and is subject to the penalties set forth in IC 24-5-0.5. An action by the attorney general for a violation of this chapter may be brought in the circuit or superior court of Marion County.
    Sec. 15. This chapter does not relieve a person from complying with any other statute or ordinance.
    Sec. 16. The office may adopt rules under IC 4-22-2 to implement this chapter.
".
    Delete pages 2 through 7.
    (Reference is to SB 209 as introduced.)

and when so amended that said bill do pass.

Committee Vote: Yeas 8, Nays 0.

____________________________________

    Mills
Chairperson


CR020901/DI 75    2000