HOUSE BILL NO. 535

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Bill Status



H0535......................................................by STATE AFFAIRS
DO-NOT-CALL LIST - Amends existing law to revise provisions and procedures
relating to telephone subscriber listings on Idaho's no telephone
solicitation contact list; to provide that a national Do-Not-Call Registry
established by the Federal Trade Commission may serve as Idaho's no
telephone solicitation contact list; to authorize the Attorney General to
provide certain telephone numbers to the Federal Trade Commission; to
delete reference to the deposit and use of certain fees; to revise
provisions relating to violations; and to clarify an exception relating to
established business relationships.
                                                                        
01/22    House intro - 1st rdg - to printing
01/23    Rpt prt - to St Aff
01/28    Rpt out - rec d/p - to 2nd rdg
01/29    2nd rdg - to 3rd rdg
02/02    3rd rdg - PASSED - 68-1-1
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
      Jaquet, Jones, Kellogg, Lake, Langford, Langhorst, Martinez,
      McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
      Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,
      Robison, Rydalch, Sali, Sayler, Shepherd, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
      Wood, Mr. Speaker
      NAYS -- Kulczyk
      Absent and excused -- Schaefer
    Floor Sponsor - Smylie
    Title apvd - to Senate
02/03    Senate intro - 1st rdg - to St Aff
02/23    Rpt out - rec d/p - to 2nd rdg
02/24    2nd rdg - to 3rd rdg
03/10    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason(Andreason), Bailey, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
      Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson,
      Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Brandt
    Floor Sponsor - Stegner
    Title apvd - to House
03/11    To enrol
03/12    Rpt enrol - Sp signed
03/15    Pres signed
03/16    To Governor
03/19    Governor signed
         Session Law Chapter 102
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 535
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO TELEPHONE SOLICITATION; AMENDING SECTION 48-1002, IDAHO  CODE,  TO
  3        DEFINE A TERM; AMENDING SECTION 48-1003A, IDAHO CODE, TO REVISE PROVISIONS
  4        AND  PROCEDURES  RELATING  TO  TELEPHONE SUBSCRIBER LISTINGS ON IDAHO'S NO
  5        TELEPHONE SOLICITATION CONTACT LIST, TO PROVIDE THAT  A  NATIONAL  DO-NOT-
  6        CALL  REGISTRY  ESTABLISHED  BY  THE FEDERAL TRADE COMMISSION MAY SERVE AS
  7        IDAHO'S NO TELEPHONE SOLICITATION CONTACT LIST, TO AUTHORIZE THE  ATTORNEY
  8        GENERAL  TO PROVIDE CERTAIN TELEPHONE NUMBERS TO THE FEDERAL TRADE COMMIS-
  9        SION, TO STRIKE REFERENCE TO THE DEPOSIT  AND  USE  OF  CERTAIN  FEES,  TO
 10        REVISE  PROVISIONS  RELATING TO VIOLATIONS, TO REVISE A CODE REFERENCE AND
 11        TO CLARIFY AN EXCEPTION RELATING TO  ESTABLISHED  BUSINESS  RELATIONSHIPS;
 12        AND  AMENDING  SECTION 48-1003B, IDAHO CODE, TO REVISE CODE REFERENCES AND
 13        TO MAKE A TECHNICAL CORRECTION.
                                                                        
 14    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 15        SECTION 1.  That Section 48-1002, Idaho Code, be, and the same  is  hereby
 16    amended to read as follows:
                                                                        
 17        48-1002.  DEFINITIONS. In this chapter:
 18        (1)  "Business  days" means all days of the week except Saturdays and Sun-
 19    days and all other legal holidays as defined in section 73-108, Idaho Code.
 20        (2)  "Conducting business" means making telephone solicitations either  to
 21    or from locations within the state of Idaho.
 22        (3)  "Established business relationship" means a relationship that:
 23        (a)  Was  formed,  prior to a telephone solicitation, through a voluntary,
 24        two-way communication between a seller or telephone solicitor and a  resi-
 25        dential  subscriber,  with  or  without  consideration, on the basis of an
 26        application, purchase, ongoing contractual agreement, or commercial trans-
 27        action between the parties regarding products or services offered by  such
 28        seller or telephone solicitor;
 29        (b)  Has not been previously terminated by either party; and
 30        (c)  Currently  exists  or  has  existed  within the immediately preceding
 31        eighteen (18) months.
 32        (4)  "Goods" means any property, tangible or intangible, real, personal or
 33    mixed, and any other article, commodity, or thing of value.
 34        (45)  "Minor" means any person less than eighteen (18) years of age.
 35        (56)  "Newspaper of general circulation" means a newspaper which  holds  a
 36    second  class  mailing  permit  from  the United States postal service, has at
 37    least two hundred (200) subscribers, is made up of at least four (4) pages  of
 38    at  least  five (5) columns, is not produced through any type of mimeographing
 39    process, and has been published or distributed within the state of Idaho on  a
 40    weekly  basis for at least seventy-eight (78) consecutive weeks, or on a daily
 41    basis, which is defined to be no less than five (5) days of any one (1)  week,
 42    at  least  twelve (12) months immediately preceding any telephone solicitation
 43    done by or on behalf of such newspaper.
                                                                        
                                           2
                                                                        
  1        (67)  "Person" means natural persons, partnerships, both limited  and gen-
  2    eral, corporations, both foreign and  domestic,  companies,  trusts,  business
  3    entities,  associations,  both  incorporated and unincorporated, and any other
  4    legal entity or any group associated in fact although not a legal  entity,  or
  5    any agent, assign, heir, servant, employee or representative thereof.
  6        (78)  "Purchaser" means a person who is solicited to become or does become
  7    obligated to a telephone solicitor.
  8        (89)  "Services"  means  any  work, labor, help, assistance or instruction
  9    wherever provided or performed.
 10        (910) "Telephone directory of general circulation" means a directory  con-
 11    taining  telephone  numbers of individual residents and/or businesses which is
 12    published on a community-wide or regional basis and which is widely  available
 13    to  persons  residing in such community or region through free distribution or
 14    direct purchase of said directory without the requirement of  other  purchases
 15    or affiliations.
 16        (101) "Telephone solicitation" means:
 17        (a)  Any unsolicited telephone call to a purchaser for the purpose of ask-
 18        ing,  inducing, inviting, requesting, or encouraging the purchaser to pur-
 19        chase or invest in goods or services during  the  course  of  a  telephone
 20        call; or
 21        (b)  Any communication in which:
 22             (i)   A free gift, award, or prize is offered, or in which it is rep-
 23             resented or implied that goods or services are offered below the reg-
 24             ular price of the goods or services; and
 25             (ii)  A return telephone call is invited or the communication is fol-
 26             lowed up by a call to the purchaser by the telephone solicitor; and
 27             (iii) It  is  intended  during  the course of the return or follow-up
 28             call with the purchaser that an agreement to purchase, or a  purchase
 29             be made.
 30        (c)  For  purposes  of this subsection, "communication" means a written or
 31        oral statement or notification or advertisement transmitted  to  the  pur-
 32        chaser through any means.
 33        (112) "Telephone  solicitor"  means  any  person who, on his own behalf or
 34    through other persons  or  through  use  of  an  automatic  dialing-announcing
 35    device, engages in a telephone solicitation.
 36        (123) "Unsolicited  advertisement"  means any advertisement offering goods
 37    or services which is transmitted to any person  without  that  person's  prior
 38    express  invitation  or permission unless an established business relationship
 39    exists between the sender and recipient  which  has  not  been  terminated  by
 40    either party.
 41        (134) "Written  confirmation"  means a writing that includes the following
 42    information: the date of purchase, the telephone solicitor's complete  address
 43    and  registration  number, a listing of all goods and/or services purchased, a
 44    listing of the price of each good and/or service purchased, the total  obliga-
 45    tion incurred by the purchaser, and the notice of cancellation as set forth in
 46    subsection (2) of section 48-1004, Idaho Code.
                                                                        
 47        SECTION  2.  That Section 48-1003A, Idaho Code, be, and the same is hereby
 48    amended to read as follows:
                                                                        
 49        48-1003A.  NO TELEPHONE SOLICITATION CONTACT LIST.
 50        (1)  (a) Any Idaho residential, mobile or telephonic paging device   tele-
 51        phone subscriber desiring to be placed on a the Idaho "no telephone solic-
 52        itation  contact"  list,  indicating  that the subscriber does not wish to
 53        receive telephone solicitations, may be placed upon such list by notifying
                                                                        
                                           3
                                                                        
  1        the attorney general in writing and paying the attorney general an initial
  2        list fee, which the attorney general may assess in an  amount  up  to  ten
  3        dollars  ($10.00)  per  subscriber.  The subscriber's notice shall be in a
  4        form  through  a  procedure  approved  by  the   attorney   general.   The
  5        subscriber's  listing  shall be for a period of up to three (3) years, and
  6        may be renewed by the attorney general for additional  periods  of  up  to
  7        three  (3)  years  each,  if  the  subscriber  requests renewal and pays a
  8        renewal list fee, which the attorney general may assess in an amount up to
  9        five dollars ($5.00) per renewal.
 10        (b)  The first "no telephone solicitation contact" list shall be published
 11        on or before June 30, 2001. The attorney general shall  thereafter  update
 12        his  "no  telephone  solicitation contact" list quarterly and provide this
 13        list to telephone solicitors upon request and receipt of a list  distribu-
 14        tion fee, which the attorney general may charge in an amount up to twenty-
 15        five dollars ($25.00) per list Notwithstanding any other provision of this
 16        chapter,  a  national "do-not-call" registry established and maintained by
 17        the federal trade commission, pursuant to 16 CFR 310.4(b)(1)(iii)(B),  may
 18        serve  as  the  Idaho "no telephone solicitation contact" list provided by
 19        this chapter. The attorney general may provide to the federal  trade  com-
 20        mission,  for  inclusion in the national "do-not-call" registry, the tele-
 21        phone numbers of Idaho residents that  are  on  the  Idaho  "no  telephone
 22        solicitation contact" list.
 23        (c)  All  fees  imposed pursuant to this section shall be deposited in the
 24        consumer protection account and shall be used for the furtherance  of  the
 25        attorney general's duties and activities under this section.
 26        (2)  Within  thirty  (30) days after a new "no telephone solicitation con-
 27    tact" list has been published by the attorney general, no It is a violation of
 28    this chapter for a telephone solicitor shall to make or cause to be  made  any
 29    telephone  solicitation, as defined by section 48-1002(101)(a), Idaho Code, to
 30    any telephone number which is assigned by a telephone company to a  person  an
 31    Idaho resident listed on the Idaho "no telephone solicitation contact" list as
 32    appears  in  the then current quarterly listing published by the attorney gen-
 33    eral when that telephone number has been on such list for at least  three  (3)
 34    months prior to the date the telephone solicitation is made.
 35        (3)  Section  48-1006,  Idaho Code, notwithstanding, any violation of this
 36    section shall subject the person violating the terms  of  this  section  to  a
 37    civil  penalty, to be imposed by the district court, as follows: for the first
 38    violation, not to exceed five hundred dollars ($500); for  the  second  viola-
 39    tion,  not to exceed two thousand five hundred dollars ($2,500); for the third
 40    and subsequent violations, not to exceed five thousand  dollars  ($5,000)  per
 41    violation. Penalties received under this section shall be expended pursuant to
 42    legislative appropriation.
 43        (4)  This section is not applicable to telephone solicitations:
 44        (a)  To a telephone subscriber's commercial or business telephone number;
 45        (b)  (i)   Where  an  established business relationship exists, as defined
 46             in subsection (3) of section 48-1002, Idaho Code, between  the  tele-
 47             phone  solicitor  and the telephone subscriber; provided however, the
 48             established and existing business relationship  exception  shall  not
 49             apply  between  a  telephone company and a telephone subscriber under
 50             this section unless the telephone subscriber  shall  have  previously
 51             consented  to  receive  a telephone solicitation from such company or
 52             its agent;
 53             (ii)  For purposes of this section, "telephone company" means a  per-
 54             son providing  telecommunications services to the public, or any seg-
 55             ment  thereof,  for  compensation, by wire, cable, radio, lightwaves,
                                                                        
                                           4
                                                                        
  1             cellular signal or other means. "Telecommunications  services"  means
  2             the conveyance of voice, data, sign, signal, writing, sound, messages
  3             or   other  information  at  any  frequency  over  any  part  of  the
  4             electromagnetic spectrum;
  5        (c)  By a minor seeking to sell a good or service, pursuant to a telephone
  6        solicitation, for a charitable purpose or organization.
  7        (5)  The attorney general shall advise telephone subscribers who  register
  8    with his office under this section of all self-help measures available to them
  9    to reduce unwanted telephone solicitations.
                                                                        
 10        SECTION  3.  That Section 48-1003B, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        48-1003B.  CONSENT  REQUIRED  FOR  TELEMARKETING  CHARGES  TO   PREVIOUSLY
 13    OBTAINED ACCOUNTS. (1) As used in this section:
 14        (a)  "Account"  means a credit card, debit card, checking account, savings
 15        account, loan account, telephone service account, utility account or other
 16        similar account.
 17        (b)  "Account holder" means a consumer who owns an account, or a  consumer
 18        who has authority to cause a charge or debit to an account.
 19        (c)  "Authorization"  means an account holder providing express consent to
 20        a telemarketer or person acting on behalf of the telemarketer,  to  charge
 21        or  cause  to  be charged the account holder's account for the purchase of
 22        goods or services. Authorization is not effective until the account holder
 23        has been advised, clearly and conspicuously:
 24             (i)   That the telemarketer has the account holder's account number;
 25             (ii)  That the telemarketer is going to charge the  account  holder's
 26             account;
 27             (iii) The specific account that will be charged;
 28             (iv)  The  specific  amount that the account holder's account will be
 29             charged; and
 30             (v)   The name, address and telephone number of the person  who  will
 31             be charging the account holder's account.
 32        (d)  "Charge"  means  a charge or debit, or an attempt to charge or debit,
 33        an account, if that account can be charged  without  the  express  written
 34        authorization  of  the  account  holder  to each specific charge or debit.
 35        Charge does not include a charge or debit, or  an  attempt  to  charge  or
 36        debit, a telephone service account for local or long distance telecommuni-
 37        cations services. A charge can occur by electronic or any other means.
 38        (e)  "Goods"  or  "services"  has  the  meaning  given  to them in section
 39        48-1002(34) and (89), Idaho Code, except that for purposes of this section
 40        these terms are limited to goods or services which are normally  used  for
 41        personal, household or family purposes.
 42        (f)  "Previously obtained account number telemarketing call" means a tele-
 43        phone  call  in  which  the telemarketer attempts to obtain account holder
 44        authorization for a current or future charge without obtaining the account
 45        number from the account holder during the  call;  provided  however,  that
 46        "previously  obtained  account number telemarketing call" does not include
 47        the sale of securities through a telephone call, if the telemarketer is  a
 48        licensed  securities  agent or broker in the state of Idaho; provided fur-
 49        ther, that "previously obtained account number  telemarketing  call"  does
 50        not  include  a telephone call initiated by an account holder during which
 51        the person receiving the telephone call attempts  to sell, offer for sale,
 52        or otherwise induce the account holder to purchase goods  or  services.  A
 53        "previously obtained account number telemarketing call" does not include a
                                                                        
                                           5
                                                                        
  1        call to or from a current customer of the telemarketer to renew or extend,
  2        inquire about or add goods or services if the customer has previously pro-
  3        vided account information for billing purposes to the telemarketer and the
  4        telemarketer  clearly  and  conspicuously  discloses  that such renewal or
  5        extension, or additional goods or services, will be debited  to  the  same
  6        account.
  7        (g)  "Telemarketer" means any person who regularly engages in a previously
  8        obtained account number telemarketing call.
  9        (2)  A  telemarketer  shall  not  charge  or  cause a charge to an account
 10    holder's  account  as  a  result  of  a  previously  obtained  account  number
 11    telemarketing call unless the telemarketer has  first  obtained  authorization
 12    from the account holder for the specific charge discussed during the call.
 13        (3)  An  account  holder's  authorization  can be in writing or given ver-
 14    bally. If the telemarketer uses written authorization, the telemarketer cannot
 15    charge the account holder's account until the account holder's written  autho-
 16    rization  is  received  by  the  telemarketer. If the telemarketer uses verbal
 17    authorization, either (i)  the  authorization  must  be  audio  taped  by  the
 18    telemarketer  and  the telemarketer must advise the account holder that his or
 19    her authorization is being recorded or (ii) the account holder  must  disclose
 20    the  last  four  (4)  digits  of  the  account  holder's account number if the
 21    telemarketer has reasonable procedures in effect to verify that such digits as
 22    provided by the account holder match the last four digits of the account to be
 23    charged. Authorizations must be kept and maintained for a period  of  two  (2)
 24    years  and  must  also  be  made  available to the account holder upon written
 25    request.
 26        (4)  (a) In the case where a telemarketer utilizes a voice response  unit,
 27        whether  inbound  or outbound, an account holder may give authorization by
 28        providing the last four (4) digits of the account holder's account number,
 29        an account number  previously  assigned  to  the  account  holder  by  the
 30        telemarketer,   or  an  alternate  unique  identifier  which  enables  the
 31        telemarketer to verify or confirm the account holder's authorization; pro-
 32        vided however, that the information set forth in subsection (1)(c) of this
 33        section must first be clearly and conspicuously disclosed to  the  account
 34        holder.
 35        (b)  For purposes of this subsection, "voice response unit" means a device
 36        which  allows a user to provide or obtain information from a computer sys-
 37        tem using touch-tone input or speech input.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 13552C1
This proposed legislation is necessary to bring Idaho's Do Not
Call List law into conformance with recently enacted federal
regulations, and to allow for Idaho's Do Not Call List law to
continue to be enforced and implemented. This legislation will
authorize the Attorney General to transmit those telephone
numbers on the Idaho Do No Call list to the National Do Not Call
Registry and to utilize the National Do Not Call Registry as the
Idaho Do Not Call List. The legislation also eliminates all fees
previously charged for registering a number on the Idaho Do No
Call List.
                           FISCAL IMPACT
There is no fiscal impact to the general fund. In fact, enactment
of this bill should save the State money because there will be
less expense related to registering numbers on the Idaho Do Not
Call list.


                                 



Contact
Name: Brett DeLange, Office of the Attorney General 
      William von Tagen
Phone: 208/334-4114




STATEMENT OF PURPOSE/FISCAL NOTE                     H 535