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H0075......................................................by STATE AFFAIRS
TELEPHONES - Adds to existing law to provide that a caller shall not use or
connect to a telephone line an automatic dialing-announcing device, with
exceptions; and to provide duties when a person intends to utilize an
automatic dialing-announcing device to send a message.
01/30 House intro - 1st rdg - to printing
01/31 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 75
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO TELEPHONE CALLS; AMENDING CHAPTER 10, TITLE 48, IDAHO CODE, BY THE
3 ADDITION OF A NEW SECTION 48-1003C, IDAHO CODE, TO PROVIDE THAT A CALLER
4 SHALL NOT USE OR CONNECT TO A TELEPHONE LINE AN AUTOMATIC DIALING-
5 ANNOUNCING DEVICE, TO PROVIDE EXCEPTIONS, TO PROVIDE DUTIES WHEN A PERSON
6 INTENDS TO UTILIZE AN AUTOMATIC DIALING-ANNOUNCING DEVICE TO SEND A MES-
7 SAGE AND TO DEFINE TERMS.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Chapter 10, Title 48, Idaho Code, be, and the same is
10 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
11 ignated as Section 48-1003C, Idaho Code, and to read as follows:
12 48-1003C. AUTOMATIC DIALING-ANNOUNCING DEVICE. (1) A caller shall not use
13 or connect to a telephone line an automatic dialing-announcing device unless:
14 (a) The subscriber has knowingly or voluntarily requested, consented to,
15 or authorized receipt of the message; or
16 (b) The message is immediately preceded by a live operator who obtains
17 the subscriber's consent before the message is delivered.
18 (2) This section does not apply to messages:
19 (a) From school districts, charter schools or private schools to stu-
20 dents, parents or employees;
21 (b) To subscribers with whom the caller has a current business or per-
22 sonal relationship;
23 (c) Advising employees of work schedules; or
24 (d) From the state or political subdivisions pursuant to statutory or
25 other legal duties.
26 (3) When a person intends to utilize an automatic dialing-announcing
27 device to send a message pursuant to subsection (1)(b) of this section, the
28 person must, at the outset of the message, disclose the following:
29 (a) The name of the person for whom the message is being made;
30 (b) The purpose of the message; and
31 (c) Contact information of the caller.
32 (4) As used in this section:
33 (a) "Automatic dialing-announcing device" means a device that selects and
34 dials telephone numbers and that, working alone or in conjunction with
35 other equipment, disseminates a prerecorded or synthesized voice message
36 to the telephone number called.
37 (b) "Caller" means a person who contacts, or attempts to contact, a sub-
38 scriber in this state by using an automatic dialing-announcing device.
39 (c) "Subscriber" means a person who has subscribed to telephone service
40 from a telephone company or the other persons living or residing with the
41 subscribing person.
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STATEMENT OF PURPOSE
RS 16744C1
This bill adds a new section to the Idaho Telephone Solicitation
Act, Chapter 10, Title 48 of Idaho Code. This new section would
make it illegal to use automatic dialing-announcing devices to
produce "robocalls", and states exemptions for schools,
governmental activities, employers, and in those situations where
a business or personal relationship exists. In addition, it
requires clear identification of the sponsor and purpose of the
call.
FISCAL IMPACT
There is no fiscal impact.
Contact
Name: Rep. John Rusche
Phone: 332-1130
Representative Anne Pasley-Stuart
STATEMENT OF PURPOSE/FISCAL NOTE H 75