2002 Legislation
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SENATE BILL NO. 1298 – Telephone solicitation, defined

SENATE BILL NO. 1298

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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.

Amendment


                                                                        
                                                                        
  ||||              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.

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


          
                           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