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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 - 2002
IN 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 - 2002
Moved 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 - 2002
IN 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