HB364: relative to the use of automatic telephone dialing systems for political advocacy.

HB 364-FN - AS AMENDED BY THE HOUSE

25mar03... 0792h

2003 SESSION

03-0074

03/09

HOUSE BILL 364-FN

AN ACT relative to the use of automatic telephone dialing systems for political advocacy.

SPONSORS: Rep. Dokmo, Hills 47; Rep. Spiess, Hills 47; Rep. Hess, Merr 37; Rep. Bergin, Hills 47; Sen. Below, Dist 5

COMMITTEE: Election Law

ANALYSIS

This bill establishes requirements for the use of automatic telephone dialing systems for political advocacy.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25mar03... 0792h

03-0074

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to the use of automatic telephone dialing systems for political advocacy.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Political Expenditures and Contributions; Political Advertising; Use of Automatic Telephone Dialing Systems. Amend RSA 664 by inserting after section 16-a the following new section:

664:16-b Use of Automatic Telephone Dialing Systems.

I. In this section:

(a) "Automatic telephone dialing system" means any automatic terminal equipment which stores or produces numbers to be called randomly or sequentially and which delivers a prerecorded message to the number called without assistance of a live operator.

(b) "Caller identification information" means:

(1) The telephone listing number and/or name of the customer from whose telephone instrument a telephone number is dialed; or

(2) Other information that may be used to identify the specific originating number or originating location of a wire or electronic communication transmitted by a telephone instrument.

(c) "Per-call blocking" means a telecommunications service that prevents the transmission of caller identification information to a called party on an individual call if the calling party acts affirmatively to prevent the transmission of the caller identification information.

(d) "Per-line blocking" means a telecommunications service that prevents the transmission of caller identification information to a called party on every call unless the calling party acts affirmatively to release the caller identification information.

(e) "Solicitation" means the unrequested initiation of a telephone call to a residential telephone subscriber for the purposes of political advertising; or to gain a pledge, promise, or contribution in circumstances where there is no pre-existing relationship between the caller and the person called; or to obtain information, data, or opinions relating to a party, measure, or candidate.

II.(a) Any person, except a candidate using his or her own voice, intending to use an automatic telephone dialing system for solicitation in this state shall, at least 5 business days prior to using the system, register with the department of state the information required by paragraph III. At the time of filing, the registrant shall also pay to the department a fee established by the secretary of state.

(b) The registrant shall be responsible for providing timely identification and automatic disconnect in accordance with paragraphs IV and V.

(c) All transmissions shall be randomly generated in unequal intervals, and shall not infiltrate any emergency lines, such as police, fire, or ambulance lines, which are either 911 circuits or 7-digit telephone numbers designated as emergency lines.

III. Each registration pursuant to subparagraph II(a) shall contain the following information:

(a) The name and address of the registrant, including the name under which the registrant is doing or intends to do business and the name under which the registrant is registered pursuant to RSA 664:3.

(b) The complete street addresses of all locations from which the registrant will be conducting its activities.

IV. Any automatic telephone dialing system used in this state shall be operated so that the system will automatically disconnect or release within 10 seconds after the called party hangs up.

V. Any solicitation message made through the use of an automatic telephone dialing system shall disclose immediately after telephone contact:

(a) The name of the person, company, and/or organization making the call.

(b) The purpose of the call and the party, measure, or candidate whose success or defeat the caller is advocating, if any.

(c) The name of the person or organization paying for the delivery of the message, and the name of the fiscal agent, if applicable.

VI. No person using an automated telephone dialing system or any other method for solicitation in this state shall use any method, including per-call blocking or per-line blocking, that prevents caller identification information for the telephone solicitor's lines used to make telephone calls to a residential telephone subscriber from being shown by a device capable of displaying caller identification information. The caller identification information displayed shall contain a telephone number at which the telephone solicitor may receive telephone calls if the telephone solicitor leaves a message on a telephone answering device or uses an automatic telephone dialing system that plays a recorded message when a connection is completed to a telephone number.

VII. Violators of this section shall not be subject to penalties under RSA 664:21, V, but shall be subject to an administrative fine of $250 per incident up to a total of $50,000.

2 Effective Date. This act shall take effect upon its passage.

LBAO

03-0074

1/7/03

HB 364-FN - FISCAL NOTE

AN ACT relative to the use of automatic telephone dialing systems for political advocacy.

FISCAL IMPACT:

The Legislative Budget Assistant has determined that this legislation has a total fiscal impact of less than $10,000 in each of the fiscal years 2003 through 2007.