Introduced Version
SENATE BILL No. 436
_____
DIGEST OF INTRODUCED BILL
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.
Kruse
January 12, 2011, read first time and referred to Committee on Commerce & Economic
Development.
Introduced
First Regular Session 117th General Assembly (2011)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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SENATE BILL No. 436
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)IN0436.1.1. -->
SECTION 1. IC 24-4.7-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.
(a) "Consumer"
means a residential
or business 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 24-4.7-2-3; (11)IN0436.1.2. -->
SECTION 2. IC 24-4.7-2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. "Consumer
goods or services" means any of the following:
(1) Tangible or intangible personal property or real property that
is normally used for personal, family, or household, or business
purposes.
(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.
SOURCE: IC 24-4.7-2-7; (11)IN0436.1.3. -->
SECTION 3. 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)IN0436.1.4. -->
SECTION 4. 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 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.
SOURCE: IC 24-4.7-2-8; (11)IN0436.1.5. -->
SECTION 5. IC 24-4.7-2-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. "Telephone
number" means a residential or business 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 24-4.7-3-1; (11)IN0436.1.6. -->
SECTION 6. IC 24-4.7-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) A quarterly
listing of telephone numbers of Indiana consumers who request not to
be solicited by telephone shall be established, maintained, and
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.
SOURCE: IC 24-4.7-3-4; (11)IN0436.1.7. -->
SECTION 7. IC 24-4.7-3-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. The division
shall notify Indiana residents and businesses 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: IC 24-4.7-3-5; (11)IN0436.1.8. -->
SECTION 8. IC 24-4.7-3-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) The division
shall, after June 30 and before October 1 of each year, report to the
regulatory flexibility committee established by IC 8-1-2.6-4 on the
following:
(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.
(b) (c) The regulatory flexibility committee shall, before November
1 of each year, issue in an electronic format under IC 5-14-6 a report
and recommendations to the legislative council concerning the
information received under subsection (a).
SOURCE: ; (11)IN0436.1.9. -->
SECTION 9.
An emergency is declared for this act.