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S1298aa....................................................by STATE AFFAIRS TELEPHONE SOLICITORS - Amends existing law to provide that calls by telephone solicitors to set up a face-to-face meeting with the consumer in order to make a sales presentation constitutes a telephone solicitation for purposes of applying Idaho's "no call" list statute. (Amendment deleted enacting clause) 01/17 Senate intro - 1st rdg - to printing 01/18 Rpt prt - to St Aff 02/14 Rpt out - to 14th Ord 02/20 Rpt out amen - to engros 02/21 Rpt engros - Enacting Clause Struck To Secretary of Senate
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1298 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO IDAHO'S NO TELEPHONE SOLICITATION CONTACT LIST; AMENDING SECTION 3 48-1003A, IDAHO CODE, TO PROVIDE THAT TELEPHONE SOLICITORS CALLING TO SET 4 UP A FACE-TO-FACE MEETING WITH THE CONSUMER IN ORDER TO MAKE A SALES PRE- 5 SENTATION CONSTITUTES A TELEPHONE SOLICITATION FOR PURPOSES OF APPLYING 6 IDAHO'S "NO CALL" LIST STATUTE. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 48-1003A, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 48-1003A. NO TELEPHONE SOLICITATION CONTACT LIST. 11 (1) (a) Any residential, mobile or telephonic paging device telephone 12 subscriber desiring to be placed on a "no telephone solicitation contact" 13 list, indicating that the subscriber does not wish to receive telephone 14 solicitations, may be placed upon such list by notifying the attorney gen- 15 eral in writing and paying the attorney general an initial list fee, which 16 the attorney general may assess in an amount up to ten dollars ($10.00) 17 per subscriber. The subscriber's notice shall be in a form approved by the 18 attorney general. The subscriber's listing shall be for a period of up to 19 three (3) years, and may be renewed by the attorney general for additional 20 periods of up to three (3) years each, if the subscriber requests renewal 21 and pays a renewal list fee, which the attorney general may assess in an 22 amount up to five dollars ($5.00) per renewal. 23 (b) The first "no telephone solicitation contact" list shall be published 24 on or before June 30, 2001. The attorney general shall thereafter update 25 his "no telephone solicitation contact" list quarterly and provide this 26 list to telephone solicitors upon request and receipt of a list distribu- 27 tion fee, which the attorney general may charge in an amount up to twenty- 28 five dollars ($25.00) per list. 29 (c) All fees imposed pursuant to this section shall be deposited in the 30 consumer protection account and shall be used for the furtherance of the 31 attorney general's duties and activities under this section. 32 (2) (a) Within thirty (30) days after a new "no telephone solicitation 33 contact" list has been published by the attorney general, no telephone 34 solicitor shall make or cause to be made any telephone solicitation, as 35 defined by section 48-1002(10)(a), Idaho Code, to any telephone number 36 which is assigned by a telephone company to a person listed on the "no 37 telephone solicitation contact" list as appears in the then current quar- 38 terly listing published by the attorney general. 39 (b) For purposes of this section only, "telephone solicitation" includes 40 telephone calls in which the person calling seeks, during the course of 41 the telephone call, to arrange for a sales presentation to be made at a 42 later face-to-face meeting with the person called. 43 (3) Section 48-1006, Idaho Code, notwithstanding, any violation of this 2 1 section shall subject the person violating the terms of this section to a 2 civil penalty, to be imposed by the district court, as follows: for the first 3 violation, not to exceed five hundred dollars ($500); for the second viola- 4 tion, not to exceed two thousand five hundred dollars ($2,500); for the third 5 and subsequent violations, not to exceed five thousand dollars ($5,000) per 6 violation. Penalties received under this section shall be expended pursuant to 7 legislative appropriation. 8 (4) This section is not applicable to telephone solicitations: 9 (a) To a telephone subscriber's commercial or business telephone number; 10 (b) (i) Where an established business relationship exists between the 11 telephone solicitor and the telephone subscriber; provided however, 12 the established and existing business relationship exception shall 13 not apply between a telephone company and a telephone subscriber 14 under this section unless the telephone subscriber shall have previ- 15 ously consented to receive a telephone solicitation from such company 16 or its agent; 17 (ii) For purposes of this section, "telephone company" means a per- 18 son providing telecommunications services to the public, or any seg- 19 ment thereof, for compensation, by wire, cable, radio, lightwaves, 20 cellular signal or other means. "Telecommunications services" means 21 the conveyance of voice, data, sign, signal, writing, sound, messages 22 or other information at any frequency over any part of the 23 electromagnetic spectrum; 24 (c) By a minor seeking to sell a good or service, pursuant to a telephone 25 solicitation, for a charitable purpose or organization. 26 (5) The attorney general shall advise telephone subscribers who register 27 with his office under this section of all self-help measures available to them 28 to reduce unwanted telephone solicitations.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002Moved by Cameron Seconded by Goedde IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1298 1 AMENDMENT TO THE BILL 2 On page 1 of the printed bill, delete line 7, which is the enacting 3 clause.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1298, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO IDAHO'S NO TELEPHONE SOLICITATION CONTACT LIST; AMENDING SECTION 3 48-1003A, IDAHO CODE, TO PROVIDE THAT TELEPHONE SOLICITORS CALLING TO SET 4 UP A FACE-TO-FACE MEETING WITH THE CONSUMER IN ORDER TO MAKE A SALES PRE- 5 SENTATION CONSTITUTES A TELEPHONE SOLICITATION FOR PURPOSES OF APPLYING 6 IDAHO'S "NO CALL" LIST STATUTE. 7 SECTION 1. That Section 48-1003A, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 48-1003A. NO TELEPHONE SOLICITATION CONTACT LIST. 10 (1) (a) Any residential, mobile or telephonic paging device telephone 11 subscriber desiring to be placed on a "no telephone solicitation contact" 12 list, indicating that the subscriber does not wish to receive telephone 13 solicitations, may be placed upon such list by notifying the attorney gen- 14 eral in writing and paying the attorney general an initial list fee, which 15 the attorney general may assess in an amount up to ten dollars ($10.00) 16 per subscriber. The subscriber's notice shall be in a form approved by the 17 attorney general. The subscriber's listing shall be for a period of up to 18 three (3) years, and may be renewed by the attorney general for additional 19 periods of up to three (3) years each, if the subscriber requests renewal 20 and pays a renewal list fee, which the attorney general may assess in an 21 amount up to five dollars ($5.00) per renewal. 22 (b) The first "no telephone solicitation contact" list shall be published 23 on or before June 30, 2001. The attorney general shall thereafter update 24 his "no telephone solicitation contact" list quarterly and provide this 25 list to telephone solicitors upon request and receipt of a list distribu- 26 tion fee, which the attorney general may charge in an amount up to twenty- 27 five dollars ($25.00) per list. 28 (c) All fees imposed pursuant to this section shall be deposited in the 29 consumer protection account and shall be used for the furtherance of the 30 attorney general's duties and activities under this section. 31 (2) (a) Within thirty (30) days after a new "no telephone solicitation 32 contact" list has been published by the attorney general, no telephone 33 solicitor shall make or cause to be made any telephone solicitation, as 34 defined by section 48-1002(10)(a), Idaho Code, to any telephone number 35 which is assigned by a telephone company to a person listed on the "no 36 telephone solicitation contact" list as appears in the then current quar- 37 terly listing published by the attorney general. 38 (b) For purposes of this section only, "telephone solicitation" includes 39 telephone calls in which the person calling seeks, during the course of 40 the telephone call, to arrange for a sales presentation to be made at a 41 later face-to-face meeting with the person called. 42 (3) Section 48-1006, Idaho Code, notwithstanding, any violation of this 43 section shall subject the person violating the terms of this section to a 2 1 civil penalty, to be imposed by the district court, as follows: for the first 2 violation, not to exceed five hundred dollars ($500); for the second viola- 3 tion, not to exceed two thousand five hundred dollars ($2,500); for the third 4 and subsequent violations, not to exceed five thousand dollars ($5,000) per 5 violation. Penalties received under this section shall be expended pursuant to 6 legislative appropriation. 7 (4) This section is not applicable to telephone solicitations: 8 (a) To a telephone subscriber's commercial or business telephone number; 9 (b) (i) Where an established business relationship exists between the 10 telephone solicitor and the telephone subscriber; provided however, 11 the established and existing business relationship exception shall 12 not apply between a telephone company and a telephone subscriber 13 under this section unless the telephone subscriber shall have previ- 14 ously consented to receive a telephone solicitation from such company 15 or its agent; 16 (ii) For purposes of this section, "telephone company" means a per- 17 son providing telecommunications services to the public, or any seg- 18 ment thereof, for compensation, by wire, cable, radio, lightwaves, 19 cellular signal or other means. "Telecommunications services" means 20 the conveyance of voice, data, sign, signal, writing, sound, messages 21 or other information at any frequency over any part of the 22 electromagnetic spectrum; 23 (c) By a minor seeking to sell a good or service, pursuant to a telephone 24 solicitation, for a charitable purpose or organization. 25 (5) The attorney general shall advise telephone subscribers who register 26 with his office under this section of all self-help measures available to them 27 to reduce unwanted telephone solicitations.
STATEMENT OF PURPOSE RS 11508C1 This proposed legislation amends Idaho’s No Call List statute. It addresses those unsolicited telephone calls in which the telemarketer calls for purposes of setting up a face-to-face meeting with the intent of selling a good or service. At present, such telephone calls are not covered by the No Call List statute, and many people who have signed up for the List continue to receive such calls. This amendment would include such telephone calls within the scope of Idaho’s No Call List statute. The effect of this amendment would be to close this “face-to-face” telephone calls loophole and treat such telephone calls the same as other unsolicited telephone solicitations are treated. FISCAL IMPACT There is no fiscal impact to the general fund. Enforcement of this section will be by the Office of the Attorney General, Consumer Protection Unit, utilizing existing resources. CONTACTS Name: Steve Tobiason, Phone:334-4151 Name: Brett Delange, Phone: 334-2424 Agency: Office of The Attorney General Statement of Purpose/Fiscal Impact S 1298