Whereas, this Act provides for a more thorough regulation of telemarketers and the practices of those telemarketers; and

Whereas, this regulation is necessary for the protection of Maine residents; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 10 MRSA c. 225, as amended, is repealed.

Sec. 2. 32 MRSA §14716, sub-§3, as enacted by PL 2001, c. 324, §12, is repealed.

Sec. 3. 32 MRSA c. 128, sub-c. 3 is enacted to read:

SUBCHAPTER 3

TELEMARKETING REGULATION

§14751.__Definitions

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.

1.__Automated telephone calling device.__"Automated telephone calling device" means any system or equipment that selects, dials or calls telephone numbers and plays recorded messages.

2.__Caller identification service.__"Caller identification service" means a service or device designed to provide the user of the service or device with the telephone number of an incoming telephone call.

3.__Consumer good or service.__"Consumer good or service" means property of any kind that is normally used for personal, family or household purposes.__"Consumer good or service" does not include a security as defined in Title 11, section 8-1102.