Bill Text: IN SB0436 | 2011 | Regular Session | Introduced
Bill Title: Including businesses on the do not call list.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-12 - First reading: referred to Committee on Commerce & Economic Development [SB0436 Detail]
Download: Indiana-2011-SB0436-Introduced.html
Citations Affected: IC 24-4.7-2; IC 24-4.7-3.
Synopsis: Including businesses on the do not call list. Allows,
beginning with the quarterly listing for the quarter beginning October
1, 2011, the telephone number of an Indiana business to be placed on
the quarterly listing of telephone numbers of Indiana consumers that
request not to be solicited by telephone. Specifies that the statute
governing the listing applies to a 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 attorney general's consumer protection
division (division) to notify Indiana residents of the right of any of
those subscribers or users to place a telephone number on the listing.
Requires the division to include a breakdown of the listing's residential
and business subscribers in the division's annual report to the
regulatory flexibility committee.
Effective: Upon passage.
January 12, 2011, read first time and referred to Committee on Commerce & Economic
Development.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning trade
regulation.
(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:
(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).
(1) Tangible or intangible personal property or real property that is normally used for personal, family,
(2) Property intended to be attached to or installed on real property without regard to whether it is attached or installed.
(3) Services related to property described in subdivision (1) or (2).
(4) Credit cards or the extension of credit.
(1) the residential street address or the primary business 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 services (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.
(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.
published as provided in this section.
(b) The telephone number of a consumer shall be placed on the
listing if the consumer requests to be added to the listing according to
a procedure approved by the division. Beginning with the quarterly
listing for the quarter beginning October 1, 2011, the telephone
number of a consumer that is an Indiana business shall be placed
on the listing if the consumer requests to be added to the listing,
according to a procedure approved by the division.
(c) The listing shall be updated upon receipt of a request from a
consumer.
(d) A telephone solicitor may obtain a copy of the listing upon
request of the telephone solicitor as provided in this section.
(e) The division shall establish a fee to be paid by a telephone
solicitor for obtaining a copy of the listing. The fee established under
this subsection may not exceed the amount necessary to cover the cost
of providing the listing to telephone solicitors.
(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).
(1) For the state fiscal year ending June 30, 2002, the expenses incurred by the division in establishing the listing.
(2) The total amount of fees deposited in the fund during the most recent state fiscal year.
(3) The expenses incurred by the division in maintaining and promoting the listing during the most recent state fiscal year.
(4) The projected budget required by the division to comply with this article during the current state fiscal year.
(5) Any other expenses incurred by the division in complying with this article during the most recent state fiscal year.
(6) The total number of subscribers on the listing at the end of the most recent state fiscal year.
(7) The number of new subscribers added to the listing during the most recent state fiscal year.
(8) The number of subscribers removed from the listing for any reason during the most recent state fiscal year.
(b) For each state fiscal year, beginning with the state fiscal year ending June 30, 2012, the division shall, in reporting the information required under subsection (a)(6), (a)(7), and (a)(8), identify the number of subscribers that are residential subscribers and the number of subscribers that are business subscribers, to the extent determinable.
