Prohibits phone solicitors from placing calls to residents who are registered on a no-call list. Establishes a website and database containing the no-call list.
HOUSE OF REPRESENTATIVES
TWENTY-SECOND LEGISLATURE, 2003
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO TELEPHONE SOLICITATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
hawaii no-call list act
§ -1 Definitions. Unless the context otherwise requires:
"Hawaii no-call list" means the database of Hawaii residential subscribers that have given notice under rules adopted by the director of commerce and consumer affairs of the subscribers' objection to receiving telephone solicitations.
"Telephone solicitation" means any voice or telefacsimile communication over a telephone line for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services. "Telephone solicitation" does not include communications of the following types:
(1) To any residential subscriber with that subscribers' prior express invitation or permission;
(2) By or on behalf of any person or entity with whom a residential subscriber has an established business relationship;
(3) Made for the sole purpose of urging support for or opposition to a political candidate or ballot issue; or
(4) Made for the sole purpose of conducting political polls or soliciting the expression of opinions, ideas, or votes.
§ -2 Unlawful to make telephone solicitations to subscribers on the Hawaii no-call list. (a) No person shall make or cause to be made any telephone solicitation to the telephone line of any residential subscriber in this state who has added the subscriber's telephone number and zip code to the Hawaii no-call list.
(b) No person who makes a telephone solicitation to the telephone line of any residential subscriber in this state shall make a telephone solicitation unless the person obtains updated copies of the Hawaii no-call list within thirty days after the beginning of every calendar quarter, after June 30, 2004, or upon the initial availability and accessibility of the Hawaii no-call list, whichever is earlier.
§ -3 Establishment and operation of a Hawaii no-call list. (a) The Hawaii no-call list program is hereby created for the purpose of establishing a database to use when verifying residential subscribers in this State who have given notice of the subscribers' objection to receiving telephone solicitations. The program shall be administered by the department of commerce and consumer affairs.
(b) No later than January 1, 2004, the department shall create and maintain a website and database containing the Hawaii no-call list. The list shall be available on line at the Hawaii no-call list web site to a person desiring to make telephone solicitations if the person has registered with the website.
(c) The department may contract with a private entity to maintain the web site and database containing the Hawaii no-call list.
§ -4 Penalties. Any person who violates this chapter shall be deemed to have engaged in an unfair or deceptive act or practice in the conduct of any trade or commerce within the meaning of section 480-2(a).
§ -5 Rules. The department shall adopt rules under chapter 91 to enforce this chapter. The department shall not charge any fees for residential subscribers who wish to have their telephone numbers placed on the Hawaii no-call list. The department shall charge reasonable fees for persons making telephone solicitations to residents of this State. Moneys from the fees shall cover the direct and indirect costs related to the creation and operation of the Hawaii no-call list."
SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2003-2004, for development of the website and database for the Hawaii no-call list.
SECTION 3. The sum appropriated shall be expended by the department of commerce and consumer affairs for the purposes of this Act.
SECTION 4. This Act shall take effect upon its approval.