PRINTER'S NO. 238

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 239 Session of 2001

        INTRODUCED BY GODSHALL, M. BAKER, BARD, BARRAR, BELARDI, BISHOP,
           CAPPABIANCA, CIVERA, CORNELL, DALLY, FICHTER, GEORGE,
           GRUCELA, HARHAI, TIGUE, TRAVAGLIO AND YOUNGBLOOD,
           JANUARY 29, 2001

        REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JANUARY 29, 2001

                                     AN ACT

     1  Amending the act of December 4, 1996 (P.L.911, No.147), entitled
     2     "An act providing for registration requirements for
     3     telemarketers and for powers and duties of the Office of
     4     Attorney General," further providing for unlawful acts.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 5(a) of the act of December 4, 1996
     8  (P.L.911, No.147), known as the Telemarketer Registration Act,
     9  is amended by adding a paragraph and the section is amended by
    10  adding a subsection to read:
    11  Section 5.  Unlawful acts and penalties.
    12     (a)  Acts enumerated.--The following acts are prohibited:
    13         * * *
    14         (9)  Engaging in a telephone solicitation of a party at
    15     the residence of a residential telephone subscriber when the
    16     subscriber has acted in accordance with 16 CFR §
    17     310.4(b)(1)(ii) or is identified in the subscriber's
    18     telephone directory as a subscriber who does not wish to

     1     receive any telephone solicitation.
     2     * * *
     3     (e)  Rulemaking by Pennsylvania Public Utility Commission.--
     4         (1)  The Pennsylvania Public Utility Commission shall by
     5     regulation require telecommunications companies to
     6     periodically inform their residential telephone subscribers
     7     of the procedures which the subscribers may follow to
     8     prohibit telephone solicitation in their residences.
     9     Notification shall be made by at least annual inserts in the
    10     billing statements mailed to residential telephone
    11     subscribers.
    12         (2)  The Pennsylvania Public Utility Commission shall by
    13     regulation require telecommunications companies to provide
    14     for the identification of residential telephone subscribers
    15     in their telephone directories who wish to be identified as
    16     electing to prohibit telephone solicitations in their
    17     residences.
    18     Section 2.  This act shall take effect in 60 days.








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