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HB 1173 to revise the procedures to confirm a change of...

State of South Dakota  
SEVENTY-THIRD SESSION
LEGISLATIVE ASSEMBLY,  1998
 

446B0646  
HOUSE STATE AFFAIRS COMMITTEE ENGROSSED   NO. HB1173   -   2/9/98  

        Introduced by: Representative Hunt and Senator Everist  

         FOR AN ACT ENTITLED, An Act to revise the procedures to confirm a change of designated telecommunications companies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 37-30A-9 be amended to read as follows:
     37-30A-9.   Notwithstanding the provisions of §  37-30A-8, no person may change the designated telecommunications company as defined in §  49-31-1(9) which is providing service to a consumer without the written confirmation of in the form of a letter of agency from that consumer or confirmation by a third-party verification company. The third-party verification company shall meet each of the following criteria:
             (1)    Be independent of the telecommunications company that seeks to provide the consumer's new service;
             (2)    Not be directly managed, controlled, or directed, or owned wholly or in part, by the telecommunications company that seeks to provide the consumer's new service;
             (3)    Operate from facilities physically separate from those of the telecommunications company that seeks to provide the consumer's new service; and
             (4)    Not derive commissions or compensation based upon the number of sales confirmed.
     The telecommunications company that seeks to provide the consumer's new service shall connect the consumer by telephone to the third-party verification company or shall arrange for the third-party verification company to call the consumer to confirm the change. The third-party verification company shall obtain the consumer's oral confirmation regarding the change and shall record that confirmation. The record shall include the information requested by the third- party verification company and the consumer's responses. The third-party verification company shall retain that record for twelve months. The record shall be available to the Public Utilities Commission and to the consumer at no cost. No information obtained from the consumer may be used for marketing purposes. If the telecommunications company or a third-party verification company acting on its behalf fails to comply with these third-party verification provisions, the Public Utilities Commission may revoke the telecommunication company's certificate of authority and may impose a civil fine of not less than two hundred dollars nor more than one thousand dollars for each offense. It is a violation of this Act for any person to make such an unauthorized change.
BILL HISTORY
1/21/98 First read in House and referred to State Affairs.   H.J.   145
1/30/98 Scheduled for Committee hearing on this date.
1/30/98 Deferred to 36th legislative day, AYES 11, NAYS 2.   H.J.   316
2/6/98 State Affairs Reconsidered, AYES 10, NAYS 0.
2/6/98 State Affairs Do Pass Amended, Passed, AYES 9, NAYS 1.   H.J.   425