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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 371
BY REPRESENTATIVE ST. GERMAIN
TELECOMMUNICATIONS: Provides with respect to the Telephone Solicitation Relief
Act
AN ACT1
To enact R.S. 45:844.12(6)(k), relative to telephone solicitation; to authorize telephone2
solicitations on behalf of nonprofit organizations composed of public safety3
personnel; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 45:844.12(6)(k) is hereby enacted to read as follows:6
§844.12. Definitions7
As used in this Chapter, the following terms and phrases shall have the8
meanings hereinafter ascribed to them:9
* * *10
(6) "Telephonic solicitation" means any voice or data communication made11
by a telephonic solicitor to a residential telephonic subscriber for the purpose of12
encouraging a sale or rental of or investment in property, consumer goods, or13
services; or for the purpose of encouraging an extension of credit for property,14
consumer goods, or services; or for the purpose of obtaining information that will or15
may be used for the direct solicitation of a sale or rental of or investment in property,16
consumer goods, or services or an extension of credit for such purposes; or for the17
solicitation of a contribution to a charitable organization, but does not include voice18
or data communications made for any of the following reasons:19
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HB NO. 371
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are additions.
(k) On behalf of an organization which has nonprofit status under Section1
501(c)(5) of the Internal Revenue Code and is composed entirely of public safety2
personnel, the majority of whom are state residents calling from a location within the3
state.4
* * *5
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
St. Germain HB No. 371
Abstract: Authorizes telephone solicitations on behalf of nonprofit organizations composed
of public safety personnel.
Present law establishes the "Telephone Solicitation Relief Act of 2001" to allow consumers
to opt out of telephone solicitations.
Proposed law retains present law.
Present law defines "telephonic solicitation" as any voice or data communication made by
a telephonic solicitor to a residential telephonic subscriber for the purpose of encouraging
a sale or rental of or investment in property, consumer goods, or services; or for the purpose
of encouraging an extension of credit for property, consumer goods, or services; or for the
purpose of obtaining information that will or may be used for the direct solicitation of a sale
or rental of or investment in property, consumer goods, or services or an extension of credit
for such purposes; or for the solicitation of a contribution to a charitable organization.
Proposed law retains present law.
Present law provides that "telephonic solicitation" does not include voice or data
communications made on behalf of an organization which has nonprofit status under
§501(c)(3) or (6) of the Internal Revenue Code, unless the organization uses the services of
a paid professional solicitor.
Proposed law retains present law and further excludes communications made on behalf of
an organization which has nonprofit status under §501(c)(5) of the Internal Revenue Code
and is composed entirely of public safety personnel, the majority of whom are state residents
calling from a location within the state.
(Adds R.S. 45:844.12(6)(k))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Commerce to the original
bill.
1. Made technical change to move proposed law to new paragraph.