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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
S1497|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1497 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE TELEPHONE SOLICITATION ACT; AMENDING SECTION 48-1002, IDAHO 3 CODE, TO INCLUDE A DEFINITION OF THE TERM "UNSOLICITED ADVERTISEMENTS" AND 4 TO MAKE TECHNICAL CORRECTIONS. 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 2 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
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
relationship.
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
STATEMENT OF PURPOSE/ FISCAL NOTE
S 1497