SF 2116

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to commerce; regulating certain state 
  1.3             government telemarketing and telephone center services 
  1.4             contracts; imposing certain customer sales or service 
  1.5             call center requirements; prescribing a criminal 
  1.6             penalty; proposing coding for new law in Minnesota 
  1.7             Statutes, chapters 16C; 325F. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [16C.035] [CERTAIN VENDORS REQUIRED TO USE ONLY 
  1.10  PERSONS AUTHORIZED TO WORK IN THE UNITED STATES.] 
  1.11     Subdivision 1.  [INELIGIBLE VENDORS.] The commissioner of 
  1.12  administration shall not contract for telemarketing services or 
  1.13  telephone center services with any vendor that employs the 
  1.14  services of any person not authorized to work in the United 
  1.15  States pursuant to federal law in the performance of 
  1.16  telemarketing or telephone center services on behalf of the 
  1.17  state. 
  1.18     Subd. 2.  [VENDOR CERTIFICATION.] The commissioner of 
  1.19  administration shall require each vendor submitting a bid or 
  1.20  contract to provide services for the state as set forth in 
  1.21  subdivision 1 to certify that only its employees who are 
  1.22  authorized to work in the United States pursuant to federal law 
  1.23  will be performing services under the contract.  Any person who 
  1.24  submits a certification required by this subdivision known to be 
  1.25  false is guilty of a felony. 
  1.26     Subd. 3.  [VOID CONTRACTS.] A contract entered into or 
  2.1   performed in violation of this section is void.  A contract that 
  2.2   is void under this section may continue in effect until an 
  2.3   alternative contract can be arranged when: 
  2.4      (1) immediate termination would result in harm to the 
  2.5   public health or welfare; and 
  2.6      (2) the continuation is approved by the commissioner of 
  2.7   administration.  Approval of continuation of contracts under 
  2.8   this subdivision must be given for the minimum period necessary 
  2.9   to protect the public health or welfare. 
  2.10     Sec. 2.  [325F.695] [CUSTOMER SALES OR SERVICE CALL CENTER 
  2.11  REQUIREMENTS.] 
  2.12     Subdivision 1.  [DEFINITIONS.] For purposes of this 
  2.13  section, the following terms have the meanings given them: 
  2.14     (1) "customer sales call center" means an entity whose 
  2.15  primary purpose includes the initiating or receiving of 
  2.16  telephonic communications on behalf of any person for the 
  2.17  purpose of initiating sales, including telephone solicitations 
  2.18  as defined in section 325E.311, subdivision 6; 
  2.19     (2) "customer service call center" means an entity whose 
  2.20  primary purpose includes the initiating or receiving of 
  2.21  telephonic communications on behalf of any person for the 
  2.22  purposes of providing or receiving services or information 
  2.23  necessary in connection with the providing of services or other 
  2.24  benefits; and 
  2.25     (3) "customer services employee" means a person employed by 
  2.26  or working on behalf of a customer sales call center or a 
  2.27  customer service call center. 
  2.28     Subd. 2.  [CUSTOMERS' RIGHT TO CUSTOMER SALES OR CUSTOMER 
  2.29  SERVICE CALL CENTER INFORMATION.] (a) Any person who receives a 
  2.30  telephone call from, or places a telephone call to, a customer 
  2.31  sales call center or a customer service call center, upon 
  2.32  request, has the right to: 
  2.33     (1) know the identification of the city, state, and country 
  2.34  where the customer service employee is located; 
  2.35     (2) know the name or registered alias of the customer 
  2.36  service employee; 
  3.1      (3) know the name of the employer of the caller with whom 
  3.2   the person is speaking; and 
  3.3      (4) speak to a qualified employee of the company or 
  3.4   government agency with whom the person is doing business. 
  3.5      (b) No person who receives a telephone call from, or places 
  3.6   a telephone call to, a customer sales call center or a customer 
  3.7   service call center shall have the person's financial, credit, 
  3.8   or identifying information sent to any foreign country without 
  3.9   the person's express written permission. 
  3.10     Subd. 3.  [VIOLATION.] It is fraud under section 325F.69 
  3.11  for a person to willfully violate this section. 
  3.12     Sec. 3.  [EFFECTIVE DATE; APPLICATION.] 
  3.13     This act is effective August 1, 2004.  Section 1 applies to 
  3.14  contracts entered into on or after that date.