1998 Legislation
Print Friendly

SENATE BILL NO. 1497 – Telephone, unsolicited advertising


View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History

S1497......................................................by STATE AFFAIRS
TELEPHONES - UNSOLICITED ADVERTISING - Amends existing law to add the
definition of the term "unsolicited advertisement" for purposes of the
Idaho Telephone Solicitation Act.

02/17    Senate intro - 1st rdg - to printing
02/18    Rpt prt - to St Aff
03/03    Rpt out - rec d/p - to 2nd rdg
03/04    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 26-2-7
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
      Darrington, Deide, Frasure, Geddes, Hansen, Hawkins, Ingram, Keough,
      King, Lee, McLaughlin, Noh, Parry, Richardson, Risch, Sandy,
      Sorensen, Sweeney, Twiggs, Wheeler
      NAYS--Stennett, Whitworth
      Absent and excused--Branch, Danielson, Dunklin, Ipsen, Riggs,
      Schroeder, Thorne
    Floor Sponsor - Sorensen
    Title apvd - to House
03/09    House intro - 1st rdg - to St Aff
03/17    Rpt out - rec d/p - to 2nd rdg
03/18    2nd rdg - to 3rd rdg
03/18    Rls susp - PASSED - 59-1-10
      AYES -- Alltus, Barraclough, Bell, Bieter, Bivens, Black(15),
      Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Cuddy,
      Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
      Hadley, Henbest, Hornbeck, Jaquet, Jones(9), Jones(22), Jones(20),
      Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Linford,
      Loertscher, Mader, Marley, McKague, Meyer, Mortensen, Pischner,
      Pomeroy, Reynolds, Richman, Ridinger, Robison, Sali, Schaefer,
      Stoicheff, Stone, Taylor, Tilman, Watson, Wheeler, Zimmermann,
      Mr Speaker
      NAYS -- Stubbs
      Absent and excused -- Barrett, Crane, Crow, Hansen, Miller, Newcomb,
      Stevenson, Tippets, Trail, Wood
    Floor Sponsor - Kunz
    Title apvd - to Senate
03/19    To enrol
03/20    Rpt enrol - Pres signed
03/23    Sp signed - to Governor
03/25    Governor signed
         Session Law Chapter 331
         Effective: 07/01/98

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998

                                      IN THE SENATE

                                   SENATE BILL NO. 1497

                                BY STATE AFFAIRS COMMITTEE

 1                                        AN ACT

 5    Be It Enacted by the Legislature of the State of Idaho:

 6        SECTION  1.  That  Section 48-1002, Idaho Code, be, and the same is hereby
 7    amended to read as follows:

 8        48-1002.  DEFINITIONS. In this chapter:
 9        (1)  "Business days" mean s  all days of the week except Satur-
10    days and Sundays and all other legal holidays as defined  in  section  73-108,
11    Idaho Code.
12        (2)  "Conducting  business" means making telephone solicitations either to
13    or from locations within the state of Idaho.
14        (3)  "Goods" mean s   any  property,  tangible  or  intangible,
15    real, personal or mixed, and any other article, commodity, or thing of value.
16        (4)  "Minor" means any person less than eighteen (18) years of age.
17        (5)  "Newspaper  of  general  circulation" means a newspaper which holds a
18    second class mailing permit from the United  States  postal  service,  has  at
19    least  two hundred (200) subscribers, is made up of at least four (4) pages of
20    at least five (5) columns, is not produced through any type  of  mimeographing
21    process,  and has been published or distributed within the state of Idaho on a
22    weekly basis for at least seventy-eight (78) consecutive weeks, or on a  daily
23    basis,  which is defined to be no less than five (5) days of any one (1) week,
24    at least twelve (12) months immediately preceding any  telephone  solicitation
25    done by or on behalf of such newspaper.
26        (6)  "Person"  means  natural persons, partnerships, both limited and gen-
27    eral, corporations, both foreign and  domestic,  companies,  trusts,  business
28    entities,  associations,  both  incorporated and unincorporated, and any other
29    legal entity or any group associated in fact although not a legal  entity,  or
30    any agent, assign, heir, servant, employee or representative thereof.
31        (7)  "Purchaser"  means a person who is solicited to become or does become
32    obligated to a telephone solicitor.
33        (8)  "Services" mean s  any work, labor,  help,  assistance  or
34    instruction wherever provided or performed.
35        (9)  "Telephone  directory  of general circulation" means a directory con-
36    taining telephone numbers of individual residents and/or businesses  which  is
37    published  on a community-wide or regional basis and which is widely available
38    to persons residing in such community or region through free  distribution  or
39    direct  purchase  of said directory without the requirement of other purchases
40    or affiliations.
41        (10) "Telephone solicitation" means:
42        (a)  Any unsolicited telephone call or facsimile transmission  to  a  pur-
43        chaser  for  the  purpose  of  asking,  inducing, inviting, requesting, or


 1        encouraging the purchaser to purchase or invest in goods or services; or
 2        (b)  Any communication in which:
 3             (i)   A free gift, award, or prize is offered, or in which it is rep-
 4             resented or implied that goods or services are offered below the reg-
 5             ular price of the goods or services; and
 6             (ii)  A return telephone call is invited or the communication is fol-
 7             lowed up by a call to the purchaser by the telephone solicitor; and
 8             (iii) It is intended during the course of  the  return  or  follow-up
 9             call  with the purchaser that an agreement to purchase, or a purchase
10             be made.
11        (c)  For purposes of this subsection, "communication" means a  written  or
12        oral  statement  or  notification or advertisement transmitted to the pur-
13        chaser through any means.
14        (11) "Telephone solicitor" means any person who,  on  his  own  behalf  or
15    through  other  persons  or  through  use  of  an automatic dialing-announcing
16    device, engages in a telephone solicitation.
17        (12)  "Unsolicited advertisement" means  any  advertisement  offering
18    goods  or  services  which  is transmitted to any person without that person's
19    prior express invitation or permission unless an  established  business  rela-
20    tionship exists between the sender and recipient which has not been terminated
21    by either party.
22        (13)   "Written confirmation" means a writing that includes the fol-
23    lowing  information:  the date of purchase, the telephone solicitor's complete
24    address and registration number, a listing of all goods and/or  services  pur-
25    chased,  a  listing  of  the  price of each good and/or service purchased, the
26    total obligation incurred by the purchaser, and the notice of cancellation  as
27    set forth in subsection (2) of section 48-1004, Idaho Code.

Statement of Purpose / Fiscal Impact


                          STATEMENT OF PURPOSE
                                RS 07849
    This proposed legislation amends the Idaho Telephone 
    Solicitation Act to provide a definition of "unsolicited 
    advertisements." The definition recognizes that if a 
    prior business relationship is in existence between the 
    parties, permission to send an advertisement is not 
    necessary. Companion Federal legislation also provides an 
    exception in instances where there is a prior business 
                               FISCAL NOTE
    There is no fiscal impact to the General Fund or its 
    political subdivisions.
    CONTACT:  William F. Ringert
             James G. Reid
             Ringert Clark Chartered
             208) 342-4591
    S 1497