2000 Legislation
Print Friendly

HOUSE BILL NO. 744 – Telephone solicit, no-contact list

HOUSE BILL NO. 744

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



H0744......................................................by STATE AFFAIRS
TELEPHONE SOLICITATION - Amends and adds to existing law to state
legislative findings; to clarify "telephone solicitation"; to provide for
establishment of a "no telephone solicitation contact" list, on which Idaho
residents may, for a fee, be placed; to prohibit telephone solicitors from
calling people on the list; to impose civil penalties for contacting
persons identified on the list; and to provide exceptions.
                                                                        
03/13    House intro - 1st rdg - to printing
03/14    Rpt prt - to St Aff
03/17    Rpt out - rec d/p - to 2nd rdg
03/20    2nd rdg - to 3rd rdg
03/21    3rd rdg - PASSED - 68-0-2
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, 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, Kendell, Kunz, Lake, Linford,
      Loertscher, Mader, Marley, Meyer, Montgomery, Mortensen, Moss, Moyle,
      Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff,
      Stone, Tilman, Trail, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- McKague, Taylor
    Floor Sponsor - Ellsworth
    Title apvd - to Senate
03/22    Senate intro - to 1st rdg
    Senate intro - 1st rdg - to St Aff
03/29    Rpt out - rec d/p - to 2nd rdg
03/30    2nd rdg - to 3rd rdg
04/04    3rd rdg - PASSED - 34-0-1
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      NAYS--None
      Absent and excused--Walton
    Floor Sponsor - Sandy
    Title apvd - to House
04/05    To enrol - rpt enrol - Sp signed - Pres signed
04/06    To Governor
04/17    Governor signed
         Session Law Chapter 452
         Effective: 01/01/01

Bill Text


 H0744
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 744
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO TELEPHONE SOLICITATIONS; STATING  LEGISLATIVE  FINDINGS;  AMENDING
  3        SECTION  48-1002,  IDAHO  CODE,  TO  CLARIFY WHAT CONSTITUTES A "TELEPHONE
  4        SOLICITATION"; AMENDING TITLE 48, CHAPTER 10, IDAHO CODE, BY THE  ADDITION
  5        OF A NEW SECTION 48-1003A, IDAHO CODE, TO PROVIDE FOR THE ESTABLISHMENT OF
  6        A NO TELEPHONE SOLICITATION CONTACT LIST ON WHICH IDAHO RESIDENTS MAY, FOR
  7        A FEE, REQUEST TO BE PLACED, TO PROHIBIT TELEPHONE SOLICITORS FROM CALLING
  8        PEOPLE ON THE LIST, TO IMPOSE CIVIL PENALTIES FOR CONTACTING PERSONS IDEN-
  9        TIFIED  ON THE LIST, AND TO PROVIDE EXCEPTIONS; AND PROVIDING AN EFFECTIVE
 10        DATE.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION 1.  LEGISLATIVE FINDINGS.  Idaho  residents  are  being  contacted
 13    repeatedly  in  their homes in an effort by telephone solicitors to sell goods
 14    or services. These telephone solicitations are  continuing  to  grow  in  fre-
 15    quency.  They are often made at times and in such a manner and number as to be
 16    disruptive to Idaho's residents and the enjoyment of  their  home  and  family
 17    life.
 18        With  respect  to  residential telephone solicitations, the right of Idaho
 19    residents to be left alone in their home is fundamental. This  right  has  not
 20    been adequately accommodated by the voluntary pledge of some telephone solici-
 21    tors to honor a person's request not to be telephone solicited.
 22        Idaho  residents  should be entitled to take steps to reduce the number of
 23    telephone solicitations they will receive. This  opportunity  should  be  made
 24    available  in  a  cost-effective  manner, with adequate incentives provided to
 25    ensure that telephone solicitors will honor and respect a person's wish not to
 26    be telephone solicited.
                                                                        
 27        SECTION 2.  That Section 48-1002, Idaho Code, be, and the same  is  hereby
 28    amended to read as follows:
                                                                        
 29        48-1002.  DEFINITIONS. In this chapter:
 30        (1)  "Business  days" means all days of the week except Saturdays and Sun-
 31    days and all other legal holidays as defined in section 73-108, Idaho Code.
 32        (2)  "Conducting business" means making telephone solicitations either  to
 33    or from locations within the state of Idaho.
 34        (3)  "Goods" means any property, tangible or intangible, real, personal or
 35    mixed, and any other article, commodity, or thing of value.
 36        (4)  "Minor" means any person less than eighteen (18) years of age.
 37        (5)  "Newspaper  of  general  circulation" means a newspaper which holds a
 38    second class mailing permit from the United  States  postal  service,  has  at
 39    least  two hundred (200) subscribers, is made up of at least four (4) pages of
 40    at least five (5) columns, is not produced through any type  of  mimeographing
 41    process,  and has been published or distributed within the state of Idaho on a
 42    weekly basis for at least seventy-eight (78) consecutive weeks, or on a  daily
                                                                        
                                       2
                                                                        
  1    basis,  which is defined to be no less than five (5) days of any one (1) week,
  2    at least twelve (12) months immediately preceding any  telephone  solicitation
  3    done by or on behalf of such newspaper.
  4        (6)  "Person"  means  natural persons, partnerships, both limited and gen-
  5    eral, corporations, both foreign and  domestic,  companies,  trusts,  business
  6    entities,  associations,  both  incorporated and unincorporated, and any other
  7    legal entity or any group associated in fact although not a legal  entity,  or
  8    any agent, assign, heir, servant, employee or representative thereof.
  9        (7)  "Purchaser"  means a person who is solicited to become or does become
 10    obligated to a telephone solicitor.
 11        (8)  "Services" means any work, labor,  help,  assistance  or  instruction
 12    wherever provided or performed.
 13        (9)  "Telephone  directory  of general circulation" means a directory con-
 14    taining telephone numbers of individual residents and/or businesses  which  is
 15    published  on a community-wide or regional basis and which is widely available
 16    to persons residing in such community or region through free  distribution  or
 17    direct  purchase  of said directory without the requirement of other purchases
 18    or affiliations.
 19        (10) "Telephone solicitation" means:
 20        (a)  Any unsolicited telephone call or facsimile transmission  to  a  pur-
 21        chaser  for  the  purpose  of  asking,  inducing, inviting, requesting, or
 22        encouraging the purchaser to purchase or invest in goods or services  dur-
 23        ing the course of a telephone call; or
 24        (b)  Any communication in which:
 25             (i)   A free gift, award, or prize is offered, or in which it is rep-
 26             resented or implied that goods or services are offered below the reg-
 27             ular price of the goods or services; and
 28             (ii)  A return telephone call is invited or the communication is fol-
 29             lowed up by a call to the purchaser by the telephone solicitor; and
 30             (iii) It  is  intended  during  the course of the return or follow-up
 31             call with the purchaser that an agreement to purchase, or a  purchase
 32             be made.
 33        (c)  For  purposes  of this subsection, "communication" means a written or
 34        oral statement or notification or advertisement transmitted  to  the  pur-
 35        chaser through any means.
 36        (11) "Telephone  solicitor"  means  any  person  who, on his own behalf or
 37    through other persons  or  through  use  of  an  automatic  dialing-announcing
 38    device, engages in a telephone solicitation.
 39        (12) "Unsolicited advertisement" means any advertisement offering goods or
 40    services  which  is  transmitted  to  any  person  without that person's prior
 41    express invitation or permission unless an established  business  relationship
 42    exists  between  the  sender  and  recipient  which has not been terminated by
 43    either party.
 44        (13) "Written confirmation" means a writing that  includes  the  following
 45    information:  the date of purchase, the telephone solicitor's complete address
 46    and registration number, a listing of all goods and/or services  purchased,  a
 47    listing  of the price of each good and/or service purchased, the total obliga-
 48    tion incurred by the purchaser, and the notice of cancellation as set forth in
 49    subsection (2) of section 48-1004, Idaho Code.
                                                                        
 50        SECTION 3.  That Chapter 10, Title 48, Idaho Code, be,  and  the  same  is
 51    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 52    ignated as Section 48-1003A, Idaho Code, and to read as follows:
                                                                        
                                       3
                                                                        
  1        48-1003A.  NO TELEPHONE SOLICITATION CONTACT LIST.
  2        (1)  (a) Any residential, mobile or  telephonic  paging  device  telephone
  3        subscriber  desiring to be placed on a "no telephone solicitation contact"
  4        list, indicating that the subscriber does not wish  to  receive  telephone
  5        solicitations, may be placed upon such list by notifying the attorney gen-
  6        eral in writing and paying the attorney general an initial list fee, which
  7        the  attorney  general  may assess in an amount up to ten dollars ($10.00)
  8        per subscriber. The subscriber's notice shall be in a form approved by the
  9        attorney general. The subscriber's listing shall be for a period of up  to
 10        three (3) years, and may be renewed by the attorney general for additional
 11        periods  of up to three (3) years each, if the subscriber requests renewal
 12        and pays a renewal list fee, which the attorney general may assess  in  an
 13        amount up to five dollars ($5.00) per renewal.
 14        (b)  The first "no telephone solicitation contact" list shall be published
 15        on  or  before June 30, 2001. The attorney general shall thereafter update
 16        his "no telephone solicitation contact" list quarterly  and  provide  this
 17        list  to telephone solicitors upon request and receipt of a list distribu-
 18        tion fee, which the attorney general may charge in an amount up to twenty-
 19        five dollars ($25.00) per list.
 20        (c)  All fees imposed pursuant to this section shall be deposited  in  the
 21        consumer  protection  account and shall be used for the furtherance of the
 22        attorney general's duties and activities under this section.
 23        (2)  Within thirty (30) days after a new "no telephone  solicitation  con-
 24    tact"  list has been published by the attorney general, no telephone solicitor
 25    shall make or cause to be made any telephone solicitation, as defined by  sec-
 26    tion  48-1002(10)(a), Idaho Code, to any telephone number which is assigned by
 27    a telephone company to a person listed on the "no telephone solicitation  con-
 28    tact"  list  as appears in the then current quarterly listing published by the
 29    attorney general.
 30        (3)  Section 48-1006, Idaho Code, notwithstanding, any violation  of  this
 31    section  shall  subject  the  person  violating the terms of this section to a
 32    civil penalty, to be imposed by the district court, as follows: for the  first
 33    violation,  not  to  exceed five hundred dollars ($500); for the second viola-
 34    tion, not to exceed two thousand five hundred dollars ($2,500); for the  third
 35    and  subsequent  violations,  not to exceed five thousand dollars ($5,000) per
 36    violation. Penalties received under this section shall be expended pursuant to
 37    legislative appropriation.
 38        (4)  This section is not applicable to telephone solicitations:
 39        (a)  To a telephone subscriber's commercial or business telephone number;
 40        (b)  (i)   Where an established business relationship exists  between  the
 41             telephone  solicitor  and the telephone subscriber; provided however,
 42             the established and existing business  relationship  exception  shall
 43             not  apply  between  a  telephone  company and a telephone subscriber
 44             under this section unless the telephone subscriber shall have  previ-
 45             ously consented to receive a telephone solicitation from such company
 46             or its agent;
 47             (ii)  For  purposes of this section, "telephone company" means a per-
 48             son providing telecommunications services to the public, or any  seg-
 49             ment  thereof,  for  compensation, by wire, cable, radio, lightwaves,
 50             cellular signal or other means. "Telecommunications  services"  means
 51             the conveyance of voice, data, sign, signal, writing, sound, messages
 52             or   other  information  at  any  frequency  over  any  part  of  the
 53             electromagnetic spectrum;
 54        (c)  By a minor seeking to sell a good or service, pursuant to a telephone
 55        solicitation, for a charitable purpose or organization.
                                                                        
                                       4
                                                                        
  1        (5)  The attorney general shall advise telephone subscribers who  register
  2    with his office under this section of all self-help measures available to them
  3    to reduce unwanted telephone solicitations.
                                                                        
  4        SECTION  4.  This act shall be in full force and effect on and after Janu-
  5    ary 1, 2001.

Statement of Purpose / Fiscal Impact


     
                           
                 STATEMENT OF PURPOSE
                       RS10271C1
     
     This proposed legislation amends the Idaho Telephone Solicitation Act. It adds a
     new section allowing Idaho citizens, for a fee of up to $10, to sign up for and be
     placed on a "no telephone solicitation contact list." The legislation prohibits
     telephone solicitors, with exceptions, 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 IMPACT 
     
     There is no fiscal impact to the general fund. The Office of the Attorney General
     expects the fees provided for in the legislation will offset expenses incurred in its
     administration. The Office estimates that the implementation expenses of this
     legislation, including creating the data base, providing for online registration for
     Idaho citizens, and creating all necessary forms, protocols, and procedures will be
     $130,000.     Spending authority would be out of the consumer protection account. 
     
     
     
     Contact 
     Name: Representative Ellsworth
     Phone: 322-1000 
          Brett Delange, Deputy Attorney General
          334-2400 
     
                                                  STATEMENT OF PURPOSE/FISCAL NOTE                                    H 744