Bill Text: IN HB1536 | 2011 | Regular Session | Introduced

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Bill Title: Telephone solicitation of consumers.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-01-20 - First reading: referred to Committee on Commerce, Small Business and Economic Development [HB1536 Detail]

Download: Indiana-2011-HB1536-Introduced.html

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Introduced Version

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HOUSE BILL No. 1536

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DIGEST OF INTRODUCED BILL

Citations Affected: IC 24-4.7-2; IC 24-4.7-3-4.

Synopsis: Telephone solicitation of consumers. Specifies that the statute governing the quarterly listing of telephone numbers of Indiana consumers who request not to be solicited by telephone applies to a residential telephone subscriber who, for the service received: (1) has a place of primary use in Indiana; or (2) is issued an Indiana telephone number or an Indiana identification number; in order to include within the protections afforded by the statute subscribers of interconnected VOIP service, subscribers of mobile telecommunications services, and users of a prepaid wireless calling service. Requires the consumer protection division of the office of the attorney general to notify Indiana residents of the right of any of those subscribers or users to place a telephone number on the listing.

Effective: Upon passage.

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Speedy

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    January 20, 2011, read first time and referred to Committee on Commerce, Small Business and Economic Development.

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Introduced

First Regular Session 117th General Assembly (2011)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2010 Regular Session of the General Assembly.

HOUSE BILL No. 1536

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    A BILL FOR AN ACT to amend the Indiana Code concerning trade regulation.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 24-4.7-2-2; (11)IN1536.1.1. -->     SECTION 1. IC 24-4.7-2-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) "Consumer" means a residential telephone subscriber who: is an actual or a prospective:
        (1) for the telephone service received:
            (A) has a place of primary use in Indiana; or
            (B) is issued an Indiana telephone number or an Indiana identification number; and
        (2) is an actual or a prospective:
            (1) (A) purchaser, lessee, or recipient of consumer goods or services; or
            (2) (B) donor to a charitable organization.
     (b) The term includes a user of a prepaid wireless calling service (as defined in IC 6-2.5-1-22.4) who:
        (1) is issued an Indiana telephone number or an Indiana identification number for the service; or
        (2) purchases prepaid wireless calling service in a retail

transaction that is sourced to Indiana (as determined under IC 6-2.5-12-16).

SOURCE: IC 24-4.7-2-7; (11)IN1536.1.2. -->     SECTION 2. IC 24-4.7-2-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. "Listing" refers to the no telephone sales solicitation listing published by the division under IC 24-4.7-3 that lists the names telephone numbers of persons consumers who do not wish to receive telephone sales calls.

SOURCE: IC 24-4.7-2-7.5; (11)IN1536.1.3. -->     SECTION 3. IC 24-4.7-2-7.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7.5. "Place of primary use", with respect to a telephone subscriber, means the street address representative of where the subscriber's use of the telephone service primarily occurs, which must be:
        (1) the residential street address of the subscriber or, in the case of a subscriber of interconnected VOIP service, the subscriber's registered location (as defined in 47 CFR 9.3); and
        (2) in the case of mobile telecommunications service (as defined in IC 6-8.1-15-7), within the licensed service area of the home service provider, as set forth in IC 6-8.1-15-8.

SOURCE: IC 24-4.7-2-8; (11)IN1536.1.4. -->     SECTION 4. IC 24-4.7-2-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. "Telephone number" means a residential telephone number that:
        (1) is assigned to a subscriber who has a place of primary use in Indiana; or
        (2) otherwise represents an Indiana telephone number or is associated with an Indiana identification number.

SOURCE: IC 24-4.7-3-4; (11)IN1536.1.5. -->     SECTION 5. IC 24-4.7-3-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. The division shall notify Indiana residents of the rights and duties created by this article, including the right of any of the following consumers to place a telephone number on the listing established and maintained under section 1 of this chapter:
        (1) Subscribers of interconnected VOIP service.
        (2) Subscribers of mobile telecommunications service (as defined in IC 6-8.1-15-7).
        (3) Users of a prepaid wireless calling service, as described in IC 24-4.7-2-2(b).

SOURCE: ; (11)IN1536.1.6. -->     SECTION 6. An emergency is declared for this act.