HB141: prohibiting the use of automatic dialing systems for telephone solicitation.

HB 141 - AS INTRODUCED

2003 SESSION

03-0152

05/10

HOUSE BILL 141

AN ACT prohibiting the use of automatic dialing systems for telephone solicitation.

SPONSORS: Rep. Langley, Rock 88; Rep. Dickinson, Carr 4; Rep. Lockwood, Merr 35; Rep. Kurk, Hills 48; Rep. Crane, Hills 59; Sen. Kenney, Dist 3; Sen. Estabrook, Dist 21

COMMITTEE: Commerce

ANALYSIS

This bill prohibits telemarketers from using automatic dialing systems for solicitation of residential telephone subscribers. The bill also requires that automatic dialing systems release the called party's line no more than 5 seconds after the called party hangs up.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0152

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT prohibiting the use of automatic dialing systems for telephone solicitation.

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

1 Automatic Telephone Dialing Systems and Caller Identification Services; Definition of Automatic Telephone Dialing System. Amend RSA 359-E:1, I to read as follows:

I. "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] dials such numbers.

2 Use of Automatic Telephone Dialing Systems; Prohibition. RSA 359-E:2 is repealed and reenacted to read as follows:

359-E:2 Use of Automatic Telephone Dialing Systems; Prohibition. No person shall use an automatic telephone dialing system for solicitation in this state without the prior express consent of the called party.

3 Use of Automatic Telephone Dialing Systems; Dialer Disconnect. Amend RSA 359-E:4 to read as follows:

359-E:4 Dialer Disconnect. Any automatic telephone dialing system used in this state shall be operated so that the system will automatically disconnect or release within [30] 5 seconds after the called party hangs up.

4 Repeal. The following are repealed:

I. RSA 359-E:3, relative to registration of automatic telephone dialing systems.

II. RSA 359-E:5, relative to identification requirements for automatic telephone dialing system users.

5 Effective Date. This act shall take effect January 1, 2004.