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HOUSE BILL NO. 138

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Daily Data Tracking History

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H0138......................................................by STATE AFFAIRS
TELEPHONE SOLICITORS - Amends existing law to prohibit a telephone
solicitor from utilizing any device or method to block or mislead the
intended recipient of the call as to the identity of the solicitor or the
trade name of the person being represented by the solicitor on a caller
identification telecommunication device.

01/29    House intro - 1st rdg - to printing
02/01    Rpt prt - to St Aff
02/04    Rpt out - rec d/p - to 2nd rdg
02/05    2nd rdg - to 3rd rdg
02/09    3rd rdg - PASSED - 61-3-6
      AYES -- Barraclough, Barrett, Bieter, Black, Boe, Bruneel, Callister,
      Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney, Ellsworth,
      Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond,
      Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd,
      Kellogg, Kempton, Kunz, Lake, Limbaugh, Linford, Loertscher, Mader,
      Marley, McKague, Meyer, Montgomery, Mortensen, Moyle, Pischner,
      Pomeroy, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smith,
      Stevenson, Stone, Tippets, Trail, Watson, Wheeler, Wood, Zimmermann,
      Mr Speaker
      NAYS -- Alltus, Kendell, Stoicheff
      Absent and excused -- Bell, Kjellander, Reynolds, Taylor, Tilman,
      Williams
    Floor Sponsor - Callister
    Title apvd - to Senate
02/10    Senate intro - 1st rdg - to St Aff
02/18    Rpt out - rec d/p - to 2nd rdg
02/19    2nd rdg - to 3rd rdg
02/25    3rd rdg - PASSED - 23-7-5
      AYES--Andreason, Branch, Bunderson, Burtenshaw, Cameron, Danielson,
      Davis, Deide, Dunklin, Frasure, Geddes, Ingram, Keough, Noh,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Thorne, Whitworth
      NAYS--Boatright, Crow, Hawkins, Ipsen, King, Lee, Wheeler
      Absent and excused--Darrington, McLaughlin, Parry, Stennett, Twiggs
    Floor Sponsor - Richardson
    Title apvd - to House
02/26    To enrol
03/01    Rpt enrol - Sp signed
03/02    Pres signed - to Governor
03/08    Governor signed
         Session Law Chapter 46
         Effective: 07/01/99

Bill Text

H0138


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 138

                                BY STATE AFFAIRS COMMITTEE

 1                                        AN ACT
 2    RELATING TO TELEPHONE SOLICITATION; AMENDING SECTION 48-1003, IDAHO  CODE,  TO
 3        PROHIBIT  A  TELEPHONE  SOLICITOR  FROM  UTILIZING ANY DEVICE OR METHOD TO
 4        BLOCK OR MISLEAD THE INTENDED RECIPIENT OF THE CALL AS TO THE IDENTITY  OF
 5        THE  SOLICITOR  OR  THE  TRADE NAME OF THE PERSON BEING REPRESENTED BY THE
 6        SOLICITOR ON A CALLER IDENTIFICATION TELECOMMUNICATION DEVICE.

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

 8        SECTION 1.  That Section 48-1003, Idaho Code, be, and the same  is  hereby
 9    amended to read as follows:

10        48-1003.  UNLAWFUL ACTS. (1) It is an unlawful act for a telephone solici-
11    tor to:
12        (a)  Intimidate   or   torment   any   person  of  normal  and  reasonable
13        sensitivities in connection with a telephone solicitation;
14        (b)  Refuse to hang up and free  the  purchaser's  line  immediately  once
15        requested to do so by the purchaser;
16        (c)  Misrepresent the price, quality, or availability of the goods or ser-
17        vices being offered to the purchaser, or not to disclose all material mat-
18        ters relating directly or indirectly to the offered goods or services;
19        (d)  Advertise,  represent,  or  imply that the person has the approval or
20        endorsement of any government, governmental office, or agency, unless such
21        is the fact;
22        (e)  Advertise, represent, or imply that the person has a valid  registra-
23        tion number when the person does not;
24        (f)    Utilize any device or method  to block or mislead the intended
25        recipient of the call as to the identity of the solicitor,  or  the  trade
26        name  of the person being represented by the solicitor on a caller identi-
27        fication telecommunication device;
28        (g)   Fail to comply with the provisions of section  48-603A,  Idaho
29        Code;
30        (  g    h  )  Violate  any  applicable  provision or
31        requirement of this chapter; and
32        ( h  i )  Send an  unsolicited  advertisement  to  a
33        telephone facsimile machine.
34        (2)  Any  violation  of  the  provisions  of  this chapter is an unlawful,
35    unfair, and deceptive act or practice in trade or commerce for the purpose  of
36    applying the Idaho consumer protection act, chapter 6, title 48, Idaho Code.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 08751
                                 
                                 

To make it illigal for a telephone solicitor to block Caller Id
while soliciting.






                            FISCAL NOTE

No fiscal impact.

CONTACT:            Rep. David Callister
          332-1000
          
          
                                    STATEMENT OF PURPOSE/ FISCAL NOTE Bill No.  H 138