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H0686......................................................by STATE AFFAIRS NO CALL LIST - Amends existing law to clarify when an established business relationship exists under the "no telephone solicitation contact" list. 02/26 House intro - 1st rdg - to printing 02/27 Rpt prt - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 686 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE NO TELEPHONE SOLICITATION CONTACT LIST; AMENDING SECTION 3 48-1003A, IDAHO CODE, TO PROVIDE INSTANCES WHEN PENALTIES SHALL NOT APPLY 4 AND TO CLARIFY WHEN AN ESTABLISHED BUSINESS RELATIONSHIP EXISTS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 48-1003A, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 48-1003A. NO TELEPHONE SOLICITATION CONTACT LIST. 9 (1) (a) Any residential, mobile or telephonic paging device telephone 10 subscriber desiring to be placed on a "no telephone solicitation contact" 11 list, indicating that the subscriber does not wish to receive telephone 12 solicitations, may be placed upon such list by notifying the attorney gen- 13 eral in writing and paying the attorney general an initial list fee, which 14 the attorney general may assess in an amount up to ten dollars ($10.00) 15 per subscriber. The subscriber's notice shall be in a form approved by the 16 attorney general. The subscriber's listing shall be for a period of up to 17 three (3) years, and may be renewed by the attorney general for additional 18 periods of up to three (3) years each, if the subscriber requests renewal 19 and pays a renewal list fee, which the attorney general may assess in an 20 amount up to five dollars ($5.00) per renewal. 21 (b) The first "no telephone solicitation contact" list shall be published 22 on or before June 30, 2001. The attorney general shall thereafter update 23 his "no telephone solicitation contact" list quarterly and provide this 24 list to telephone solicitors upon request and receipt of a list distribu- 25 tion fee, which the attorney general may charge in an amount up to twenty- 26 five dollars ($25.00) per list. 27 (c) All fees imposed pursuant to this section shall be deposited in the 28 consumer protection account and shall be used for the furtherance of the 29 attorney general's duties and activities under this section. 30 (2) Within thirty (30) days after a new "no telephone solicitation con- 31 tact" list has been published by the attorney general, no telephone solicitor 32 shall make or cause to be made any telephone solicitation, as defined by sec- 33 tion 48-1002(10)(a), Idaho Code, to any telephone number which is assigned by 34 a telephone company to a person listed on the "no telephone solicitation con- 35 tact" list as appears in the then current quarterly listing published by the 36 attorney general. 37 (3) Section 48-1006, Idaho Code, notwithstanding, any violation of this 38 section shall subject the person violating the terms of this section to a 39 civil penalty, to be imposed by the district court, as follows: for the first 40 violation, not to exceed five hundred dollars ($500); for the second viola- 41 tion, not to exceed two thousand five hundred dollars ($2,500); for the third 42 and subsequent violations, not to exceed five thousand dollars ($5,000) per 43 violation. Penalties received under this section shall be expended pursuant to 2 1 legislative appropriation. 2 (4) This section is not applicable to telephone solicitations: 3 (a) To a telephone subscriber's commercial or business telephone number; 4 (b) (i) Where an established business relationship exists between the 5 telephone solicitor and the telephone subscriber; provided however, 6 the established and existing business relationship exception shall 7 not apply between a telephone company and a telephone subscriber 8 under this section unless the telephone subscriber shall have previ- 9 ously consented to receive a telephone solicitation from such company 10 or its agent; 11 (ii) For purposes of this section, "telephone company" means a per- 12 son providing telecommunications services to the public, or any seg- 13 ment thereof, for compensation, by wire, cable, radio, lightwaves, 14 cellular signal or other means. "Telecommunications services" means 15 the conveyance of voice, data, sign, signal, writing, sound, messages 16 or other information at any frequency over any part of the 17 electromagnetic spectrum. An "established business relationship" is 18 deemed to exist for sixty (60) days after the telephone subscriber 19 has purchased goods or services from the telephone solicitor, or for 20 sixty (60) days after the goods or services that were purchased are 21 provided; 22 (c) By a minor seeking to sell a good or service, pursuant to a telephone 23 solicitation, for a charitable purpose or organization. 24 (5) The attorney general shall advise telephone subscribers who register 25 with his office under this section of all self-help measures available to them 26 to reduce unwanted telephone solicitations.
STATEMENT OF PURPOSE RS12141C1 The Idaho Telephone Solicitation Act provides that a telephone solicitor may solicit a person on the Attorney General s no-call list if an "established business relationship exists" between the telephone solicitor (or the person on whose behalf the solicitor is calling) and the telephone subscriber. This amendment provides that an "established business relationship exists" between a solicitor and subscriber if the subscriber has purchased goods or services from the solicitor (or the person on whose behalf the solicitor is calling) within 60 days prior to a subsequent telephone solicitation. FISCAL IMPACT None. Contact Name: Rep. Bill Deal Phone: 208/332-1000 Roy Eiguren 388-1313 STATEMENT OF PURPOSE/FISCAL NOTE H 686