SENATE - Louisiana

Page 114 SENATE
June 21, 2004
Senator Ellington in the Chair
CONFERENCE COMMITTEE REPORT
House Bill No. 1030 By Representative Pinac
June 21, 2004
To the Honorable Speaker and Members of the House of
Representatives and the Honorable President and Members of the
Senate.
Ladies and Gentlemen:
We, the conferees appointed to confer over the disagreement
between the two houses concerning House Bill No. 1030 by
Representative Pinac, recommend the following concerning the
reengrossed bill:
1. That Senate Committee Amendment Nos. 1, 2, 3, and 5
proposed by the Senate Committee on Commerce, Consumer
Protection, and International Affairs and adopted by the Senate
on June 16, 2004, be rejected.
2. That Senate Committee Amendment No. 4 proposed by the
Senate Committee on Commerce, Consumer Protection, and
International Affairs and adopted by the Senate on June 16,
2004, be accepted.
3. That the set of Senate Floor Amendments proposed by Senator
Cravins and adopted by the Senate on June 17, 2004, be
accepted.
4. That the following amendments to the reengrossed bill be
adopted:
50th DAY'S PROCEEDINGS
"(b) The monies in the Telephonic Solicitation Relief Fund shall
be used solely for the implementation, administration, and
enforcement of this Chapter. Any surplus monies and interest
remaining to the credit of the fund on June thirtieth of each year shall
remain to the credit of the fund and no part thereof shall revert to the
state general fund."
AMENDMENT NO. 6
On page 4, between lines 26 and 27, insert the following:
"§844.17. Safe harbor
Any telephonic solicitor registered in compliance with R.S.
45:844.16 shall not be liable for violating this Chapter if the
telephonic solicitor can demonstrate that the violation is a result of
unintended error and that as part of its routine business practice, it
meets the following standards:
(1) The telephonic solicitor has established and implemented
written procedures to comply with this Chapter.
(2) The telephonic solicitor has trained its personnel, and any
entity assisting in its compliance, in procedures established pursuant
to this Chapter.
(3) The telephonic solicitor has maintained a call log of numbers
called for solicitation purposes in either chronological or numerical
order, and records and maintains an internal "do not call" list for those
numbers that may not be contacted.
(4) The telephonic solicitor is registered and uses both state and
national registries to prevent telephonic solicitations to any
telephone number on any list established or mandated to be used
pursuant to this Chapter.
(5) The telephonic solicitor uses a process to ensure that it does
not sell, rent, lease, purchase, or use any applicable "do not call"
database, or any part thereof, for any purpose except in compliance
with this Chapter and any state or federal law preventing telephonic
solicitations to telephone numbers registered as pertaining to this
Chapter."
AMENDMENT NO. 1
On page 1, line 3, after "and (7)" delete "and 844.16," and insert in
lieu thereof a comma "," and insert "844.16, and 844.17,"
AMENDMENT NO. 2
On page 1, line 9, after "and (7)" delete "and 844.16" and insert in
lieu thereof a comma "," and insert "844.16, and 844.17"
Representatives:
Gil J. Pinac
Daniel T. Flavin
Harold Ritchie
Respectfully submitted,
Senators:
Ken Hollis
Donald R. Cravins
Michael J. Michot
Rules Suspended
AMENDMENT NO. 3
On page 3, line 9, after "(4)" and before "All" insert "(a)"
AMENDMENT NO. 4
On page 3, at the end of line 11, after "purpose." insert "The fees and
penalties collected shall be remitted by the commission to the state
treasury and credited to the Bond Security and Redemption Fund.
After a sufficient amount is allocated from that fund to pay all
obligations secured by the full faith and credit of the state which
become due and payable within the fiscal year, the treasurer, prior to
placing such remaining funds in the state general fund, shall pay an
amount equal to the total amount of funds paid into the state treasury
by the commission into a special fund which is hereby created in the
state treasury and designated as the "Telephonic Solicitation Relief
Fund.""
AMENDMENT NO. 5
On page 3, between lines 11 and 12, insert the following:
Senator Michot asked for and obtained a suspension of the rules
for the purpose of considering the Conference Committee Report.
On motion of Senator Michot, a vote was taken on the adoption of
the report.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Duplessis Kostelka
Adley Dupre Lentini
Amedee Ellington Malone
Bajoie Fields Marionneaux
Barham Fontenot McPherson
Boasso Gautreaux, B Michot
Boissiere Gautreaux, N Mount
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