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S1113.........................................................by STATE AFFAIRS
TELEPHONE SOLICITATION - Amends existing law to revise the type of subscriber
that may be placed on a no telephone solicitation contact list; and to revise
the types of telephone solicitations that are not subject to designated
provisions relating to no telephone solicitation contact lists.
02/11 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1113
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO NO TELEPHONE SOLICITATION CONTACT LISTS; AMENDING SECTION
3 48-1003A, IDAHO CODE, TO REVISE THE TYPE OF SUBSCRIBER THAT MAY BE PLACED
4 ON A NO TELEPHONE SOLICITATION CONTACT LIST AND TO REVISE THE TYPES OF
5 TELEPHONE SOLICITATIONS THAT ARE NOT SUBJECT TO DESIGNATED PROVISIONS
6 RELATING TO NO TELEPHONE SOLICITATION CONTACT LISTS.
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, including residential subscribers operating commercial or
13 business endeavors from their residences, desiring to be placed on a "no
14 telephone solicitation contact" list, indicating that the subscriber does
15 not wish to receive telephone solicitations, may be placed upon such list
16 by notifying the attorney general in writing and paying the attorney gen-
17 eral an initial list fee, which the attorney general may assess in an
18 amount up to ten dollars ($10.00) per subscriber. The subscriber's notice
19 shall be in a form approved by the attorney general. The subscriber's
20 listing shall be for a period of up to three (3) years, and may be renewed
21 by the attorney general for additional periods of up to three (3) years
22 each, if the subscriber requests renewal and pays a renewal list fee,
23 which the attorney general may assess in an amount up to five dollars
24 ($5.00) per renewal.
25 (b) The first "no telephone solicitation contact" list shall be published
26 on or before June 30, 2001. The attorney general shall thereafter update
27 his "no telephone solicitation contact" list quarterly and provide this
28 list to telephone solicitors upon request and receipt of a list distribu-
29 tion fee, which the attorney general may charge in an amount up to twenty-
30 five dollars ($25.00) per list.
31 (c) All fees imposed pursuant to this section shall be deposited in the
32 consumer protection account and shall be used for the furtherance of the
33 attorney general's duties and activities under this section.
34 (2) Within thirty (30) days after a new "no telephone solicitation con-
35 tact" list has been published by the attorney general, no telephone solicitor
36 shall make or cause to be made any telephone solicitation, as defined by sec-
37 tion 48-1002(10)(a), Idaho Code, to any telephone number which is assigned by
38 a telephone company to a person listed on the "no telephone solicitation con-
39 tact" list as appears in the then current quarterly listing published by the
40 attorney general.
41 (3) Section 48-1006, Idaho Code, notwithstanding, any violation of this
42 section shall subject the person violating the terms of this section to a
43 civil penalty, to be imposed by the district court, as follows: for the first
2
1 violation, not to exceed five hundred dollars ($500); for the second viola-
2 tion, not to exceed two thousand five hundred dollars ($2,500); for the third
3 and subsequent violations, not to exceed five thousand dollars ($5,000) per
4 violation. Penalties received under this section shall be expended pursuant to
5 legislative appropriation.
6 (4) This section is not applicable to telephone solicitations:
7 (a) To a telephone subscriber's commercial or business telephone number,
8 with the exception of those subscribers described in subsection (1)(a) of
9 this section;
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.
STATEMENT OF PURPOSE
RS 12664
The purpose of this legislation is to amend the "No Telephone
Solicitation Contact" code to allow home based businesses to
access this service.
FISCAL IMPACT
There is no fiscal impact to the general fund. There may be
increased work and cost to the Attorney General s office. That
additional cost should be offset by the fee the Attorney
General s office charges for this service.
Contact
Name: Senator Shawn Keough
Phone: 332 1000
STATEMENT OF PURPOSE/FISCAL NOTE S 1113