HB 2263--
Session of 1997
By Representative Adkins

9 AN ACT concerning consumer protection; relating to unsolicited con- 10 sumer telephone calls; amending K.S.A. 66-1,189 and repealing the 11 existing section. 12 13 Be it enacted by the Legislature of the State of Kansas: 14 New Section 1. (a) No telephone solicitor, as defined in K.S.A. 50- 15 670, and amendments thereto, or telemarketer, as defined in K.S.A. 50- 16 671, and amendments thereto, shall conduct business in this state without 17 having registered with the office of the attorney general at least 10 days 18 prior to the conduct of such business. A telephone solicitor or telemar- 19 keter is required to register in the name under which the telephone so- 20 licitor or telemarketer conducts business. Individual employees of the 21 telephone solicitor or telemarketer are not required to register. A tele- 22 phone solicitor or telemarketer is conducting business in this state if tel- 23 ephone solicitations of prospective purchasers are made from locations 24 in this state or solicitation is made of prospective purchasers located in 25 this state. 26 (b) A registration shall be effective for one year from the date of filing 27 with the office of the attorney general. Each application for registration, 28 or renewal thereof, shall be accompanied by a fee of $400. 29 (c) The office of the attorney general shall send to each registrant a 30 certificate or other appropriate document demonstrating registration 31 compliance, which shall be posted at the telephone solicitor's or tele- 32 marketer's principal business location. 33 (d) Each application for registration shall be in writing and shall con- 34 tain such information regarding the conduct of the telephone solicitor's 35 or telemarketer's business and the personnel conducting the business and 36 shall be submitted in such form and manner as the attorney general may 37 prescribe. 38 (e) At the time of submission of a registration application, each tel- 39 ephone solicitor or telemarketer shall file with the attorney general an 40 irrevocable consent appointing the attorney general to act as the tele- 41 phone solicitor's or telemarketer's attorney to receive service of process 42 in any action, suit or proceeding against the telephone solicitor or tele- 43 marketer or the telephone solicitor's or telemarketer's successor in inter- HB 2263

 1  est which may arise under this section.
 2    (f)  Any violation of this section is an unconscionable act or practice
 3  under the Kansas consumer protection act.
 4    (g)  This section shall be part of and supplemental to the Kansas con-
 5  sumer protection act.
 6    New Sec. 2.  (a) A person is in violation of the Kansas consumer pro-
 7  tection act if the person engages in an unsolicited consumer telephone
 8  call, as defined in K.S.A. 50-670, and amendments thereto, to a party and
 9  that party is identified in the party's telephone directory as a party that
10  does not wish to receive any unsolicited consumer telephone calls.
11    (b) This section shall be part of and supplemental to the Kansas con-
12  sumer protection act.
13    Sec. 3.  K.S.A. 66-1,189 is hereby amended to read as follows: 66-
14  1,189. (a) Every telecommunications public utility governed by this act
15  shall be required to furnish reasonably efficient and sufficient service,
16  joint service and facilities for the use of any and all products or services
17  rendered, furnished, supplied or produced by such telecommunications
18  public utility, to establish just and reasonable rates, joint rates, tolls,
19  charges and exactions and to make just and reasonable rules, classifica-
20  tions and regulations. Every unjust or unreasonably discriminatory or un-
21  duly preferential rule, regulation, classification, rate, joint rate, toll,
22  charge or exaction is prohibited, unlawful and void. The commission shall
23  have the power, after notice and hearing in accordance with the provisions
24  of the Kansas administrative procedure act, to require all telecommuni-
25  cations public utilities governed by this act to establish and maintain just
26  and reasonable joint rates when the same are reasonably necessary in
27  order to maintain reasonably sufficient and efficient service from such
28  telecommunications public utilities.
29    (b) (1)  The commission, by rules and regulations, shall require that
30  telecommunications public utilities inform parties of the provisions of sec-
31  tion 2. Notification may be by:
32    (A)  Annual inserts in the billing statements mailed to parties; or
33    (B)  conspicuous publication of the notice in the consumer information
34  pages of local telephone directories.
35    (2)  Telecommunications public utilities may provide for the identifi-
36  cation of those parties in a telephone directory who do not wish to receive
37  unsolicited consumer telephone calls, as defined in K.S.A. 50-670, and
38  amendments thereto.
39    Sec. 4.  K.S.A. 66-1,189 is hereby repealed.
40    Sec. 5.  This act shall take effect and be in force from and after its
41  publication in the statute book.