VIA INTER-DEPARTMENT MAIL

October 5, 2011

Representative Jeffrey Thompson, Chairperson

Administrative Rules Oversight Committee

c/o Legislative Services Agency

200 West Washington Street, Suite 301

Indianapolis, Indiana 46204-2789

Attn: Sarah Burkman

RE: LSA Doc. # 11-583

Dear Representative Thompson:

The Consumer Protection Division of the Office of Attorney General adopted rules implementing IC 24-4.7 concerning the telephone solicitation of consumers. The original rulemaking process was initiated within sixty (60) days after the July 1, 2001, effective date of the statute. Pursuant to IC 4-22-2-19(c), we are notifying Administrative Rules Oversight Committee that the Division has instituted further rulemaking more than sixty (60) days after the effective date of the statute. The Division's Notice of Intent to Adopt a Rule was published in the Indiana Register on October 5, 2011 (DIN: 20111005-IR-011110583NIA).

On May 13, 2011, the Governor signed Public Law 226-2011, which amended certain definitions in Indiana's Telephone Solicitation of Consumers Act, IC 24-4.7 ("the Act"). The new amendment extended the protections of the Indiana Do-Not-Call list to wireless and VOIP telephone numbers. The proposed rule amends 11 IAC 1-1 to conform with and clarify the legislated changes. Most significantly, the definitions of "residential telephone number" and "residential telephone subscriber" must be changed to include wireless and VOIP telephone numbers. The proposed rule also adds definitions for "Indiana identification number" and "interconnected VOIP service", which are new terms mentioned but not defined in the Act. Finally, the proposed rule makes several minor technical changes to the definitions necessitated by the addition of 11 IAC 3 subsequent to the original rules.

Please contact me if you have any questions or need any additional information. I can be reached by telephone at 317-232-1011 or by e-mail at: marguerite.sweeney@atg.in.gov.

Sincerely,

Marguerite M. Sweeney

Deputy Attorney General