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S1023aaH...................................................by STATE AFFAIRS
TELEPHONE SOLICITORS - Adds to existing law to define "unsolicited
telephone calls"; and to allow Idaho citizens, for a fee, to be placed on a
"no telephone solicitation" list.
01/21 Senate intro - 1st rdg - to printing
01/22 Rpt prt - to St Aff
01/28 Rpt out - rec d/p - to 2nd rdg
01/29 2nd rdg - to 3rd rdg
02/01 3rd rdg - PASSED - 29-5-1
AYES--Andreason, Branch, Bunderson, Burtenshaw, Cameron, Danielson,
Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Ipsen, Keough,
King, McLaughlin, Noh, Richardson, Riggs, Risch, Sandy, Schroeder,
Sorensen, Stegner, Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--Boatright, Crow, Hawkins, Lee, Parry
Absent and excused--Ingram
Floor Sponsor - Sandy
Title apvd - to House
02/02 House intro - 1st rdg - to St Aff
02/17 Rpt out - to Gen Ord
02/19 Rpt out amen - to 1st rdg as amen
02/22 1st rdg - to 2nd rdg as amen
02/23 2nd rdg - to 3rd rdg as amen
02/24 3rd rdg as amen - PASSED - 43-23-4
AYES -- Alltus, Bell, Bieter, Black, Boe, Bruneel, Callister,
Campbell, Clark, Crow, Denney, Ellsworth, Field(13), Field(20),
Gagner, Gould, Hadley, Hansen(29), Henbest, Hornbeck, Jones, Kempton,
Kendell, Kunz, Lake, Mader, McKague, Meyer, Montgomery, Moyle,
Pomeroy, Ringo, Robison, Sali, Sellman, Smith, Smylie, Stevenson,
Stone, Tippets, Trail, Williams, Mr Speaker
NAYS -- Barraclough, Barrett, Chase, Cuddy, Geddes, Hammond,
Hansen(23), Jaquet, Judd, Limbaugh, Loertscher, Marley, Mortensen,
Pischner, Reynolds, Ridinger, Schaefer, Stoicheff, Taylor(Taylor),
Tilman, Watson, Wheeler, Zimmermann
Absent and excused -- Deal, Kellogg, Linford, Wood
Floor Sponsor - Ellsworth
Title apvd - to Senate
02/25 To 10th Ord
03/02 Senate concurred in House amens - to engros
03/03 Rpt engros - 1st rdg - to 2nd rdg as amen
03/04 2nd rdg - to 3rd rdg as amen
03/08 3rd rdg as amen - FAILED - 15-19-1
AYES--Burtenshaw, Danielson, Dunklin, Frasure, Keough, McLaughlin,
Noh, Richardson, Risch, Sandy, Schroeder, Stegner, Stennett, Twiggs,
Wheeler
NAYS--Andreason, Boatright, Branch, Bunderson, Cameron, Crow,
Darrington, Davis, Deide, Geddes, Hawkins, Ingram, Ipsen, King, Lee,
Riggs, Sorensen, Thorne, Whitworth
Absent and excused--Parry
Floor Sponsor - Sandy
Filed with Secretary of the Senate
S1023|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1023, As Amended in the House BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO TELEPHONE SOLICITATIONS; AMENDING SECTION 48-1002, IDAHO CODE, TO 3 DEFINE "UNSOLICITED TELEPHONE CALLS"; AND AMENDING CHAPTER 10, TITLE 48, 4 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 48-1003A, IDAHO CODE, TO PRO- 5 VIDE FOR THE ESTABLISHMENT OF A NO TELEPHONE SOLICITATION CONTACT LIST ON 6 WHICH IDAHO RESIDENTS MAY, FOR A FEE, REQUEST TO BE PLACED, TO PROHIBIT 7 TELEPHONE SOLICITORS FROM CALLING PEOPLE ON THE LIST AND TO IMPOSE CIVIL 8 PENALTIES FOR CONTACTING PERSONS IDENTIFIED ON THE LIST. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 48-1002, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 48-1002. DEFINITIONS. In this chapter: 13 (1) "Business days" means all days of the week except Saturdays and Sun- 14 days and all other legal holidays as defined in section 73-108, Idaho Code. 15 (2) "Conducting business" means making telephone solicitations either to 16 or from locations within the state of Idaho. 17 (3) "Goods" means any property, tangible or intangible, real, personal or 18 mixed, and any other article, commodity, or thing of value. 19 (4) "Minor" means any person less than eighteen (18) years of age. 20 (5) "Newspaper of general circulation" means a newspaper which holds a 21 second class mailing permit from the United States postal service, has at 22 least two hundred (200) subscribers, is made up of at least four (4) pages of 23 at least five (5) columns, is not produced through any type of mimeographing 24 process, and has been published or distributed within the state of Idaho on a 25 weekly basis for at least seventy-eight (78) consecutive weeks, or on a daily 26 basis, which is defined to be no less than five (5) days of any one (1) week, 27 at least twelve (12) months immediately preceding any telephone solicitation 28 done by or on behalf of such newspaper. 29 (6) "Person" means natural persons, partnerships, both limited and gen- 30 eral, corporations, both foreign and domestic, companies, trusts, business 31 entities, associations, both incorporated and unincorporated, and any other 32 legal entity or any group associated in fact although not a legal entity, or 33 any agent, assign, heir, servant, employee or representative thereof. 34 (7) "Purchaser" means a person who is solicited to become or does become 35 obligated to a telephone solicitor. 36 (8) "Services" means any work, labor, help, assistance or instruction 37 wherever provided or performed. 38 (9) "Telephone directory of general circulation" means a directory con- 39 taining telephone numbers of individual residents and/or businesses which is 40 published on a community-wide or regional basis and which is widely available 41 to persons residing in such community or region through free distribution or 42 direct purchase of said directory without the requirement of other purchases 43 or affiliations. 2 1 (10) "Telephone solicitation" means: 2 (a) Any unsolicited telephone call or facsimile transmission to a pur- 3 chaser for the purpose of asking, inducing, inviting, requesting, or 4 encouraging the purchaser to purchase or invest in goods or services; or 5 (b) Any communication in which: 6 (i) A free gift, award, or prize is offered, or in which it is rep- 7 resented or implied that goods or services are offered below the reg- 8 ular price of the goods or services; and 9 (ii) A return telephone call is invited or the communication is fol- 10 lowed up by a call to the purchaser by the telephone solicitor; and 11 (iii) It is intended during the course of the return or follow-up 12 call with the purchaser that an agreement to purchase, or a purchase 13 be made. 14 (c) For purposes of this subsection, "communication" means a written or 15 oral statement or notification or advertisement transmitted to the pur- 16 chaser through any means. 17 (11) "Telephone solicitor" means any person who, on his own behalf or 18 through other persons or through use of an automatic dialing-announcing 19 device, engages in a telephone solicitation. 20 (12) "Unsolicited advertisement" means any advertisement offering goods or 21 services which is transmitted to any person without that person's prior 22 express invitation or permission unless an established business relationship 23 exists between the sender and recipient which has not been terminated by 24 either party. 25 (13) "Unsolicited telephone call" means any telephone call to any 26 person without that person's prior express invitation or permission or in the 27 absence of an existing and established business relationship between the 28 sender and recipient; other than an existing or established business relation- 29 ship between the recipient and a telephone corporation as defined in sections 30 61-121 and 62-603(14), Idaho Code. 31 (14) "Written confirmation" means a writing that includes the fol- 32 lowing information: the date of purchase, the telephone solicitor's complete 33 address and registration number, a listing of all goods and/or services pur- 34 chased, a listing of the price of each good and/or service purchased, the 35 total obligation incurred by the purchaser, and the notice of cancellation as 36 set forth in subsection (2) of section 48-1004, Idaho Code. 37 SECTION 2. That Chapter 10, Title 48, Idaho Code, be, and the same is 38 hereby amended by the addition thereto of a NEW SECTION , to be 39 known and designated as Section 48-1003A, Idaho Code, and to read as follows: 40 48-1003A. NO TELEPHONE SOLICITATION CONTACT LIST. 41 (1) (a) Any residential, mobile or telephonic paging device telephone 42 subscriber desiring to be placed on a "no telephone solicitation contact" 43 listing, indicating that the subscriber does not wish to receive telephone 44 solicitations, as that term is defined by section 48-1002(10)(a), Idaho 45 Code, may notify the attorney general in writing and be placed on that 46 listing upon receipt by the attorney general of a ten dollar ($10.00) ini- 47 tial listing charge. The subscriber's notice shall be in a form approved 48 by the attorney general. The attorney general's listing shall be renewed 49 by the attorney general every three (3) years for each purchaser upon 50 receipt of a renewal notice and a five dollar ($5.00) assessment. 51 (b) The first "no telephone solicitation contact" list shall be published 52 September 30, 1999. The attorney general shall thereafter update his "no 53 telephone solicitation contact" listing quarterly and provide this listing 3 1 for a fifteen dollar ($15.00) fee to telephone solicitors upon request. 2 (c) All fees imposed pursuant to this section shall be deposited in the 3 consumer protection account for the administration of this section. 4 (2) No telephone solicitor shall make or cause to be made any telephone 5 solicitation, as that term is defined by section 48-1002(10)(a), Idaho Code, 6 to any residential, mobile or telephonic paging device telephone number if the 7 number for that telephone appears in the then-current quarterly listing pub- 8 lished by the attorney general. 9 (3) The attorney general and the district court shall have the same 10 authority in enforcing and carrying out the provisions of this section as is 11 granted the attorney general and the district courts in section 48-1006, Idaho 12 Code, with one (1) exception. Any violation of this section shall subject the 13 person violating the terms of this section to a civil penalty as follows: for 14 the first violation, up to five hundred dollars ($500); for the second viola- 15 tion, up to two thousand five hundred dollars ($2,500); and for the third and 16 subsequent violations, up to five thousand dollars ($5,000) per violation. 17 (4) This section is not applicable to telephone subscribers' commercial 18 or business telephone numbers.
AS1023|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Ellsworth Seconded by Jaquet IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO S.B. NO. 1023 1 AMENDMENT TO SECTION 1 2 On page 2 of the printed bill, in line 28, following " recipient 3 " insert: 4 " ; other than an existing or established business relationship between 5 the recipient and a telephone corporation as defined in sections 61-121 and 6 62-603(14), Idaho Code ".
STATEMENT OF PURPOSE
RS 08561C1
This proposed legislation amends the Idaho Telephone Solicitation Act. It adds a new
section allowing Idaho citizens, for a $10.00 fee, to sign up for and be placed on a "no
telephone solicitation contact list." The legislation prohibits telephone solicitors from
calling people on this list and trying to sell a product, and it also provides penalties for
telephone solicitors who nevertheless do so.
FISCAL NOTE
There is no fiscal impact. The Office of Attorney General expects the fees provided for in
the legislation will offset expenses incurred in its administration.
CONTACT: Steve Tobiason, Legislative Liaison Office of Attorney General 334-4524
STATEMENT OF PURPOSE/FISCAL NOTE S 1023