5jan00.....2135h

1999 SESSION

99-0825

03/09

HOUSE BILL 407

COMMITTEE: Science, Technology and Energy

AMENDED ANALYSIS

This bill establishes a committee to study and review issues related to unsolicited commercial telephone solicitation calls.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

5jan00.....2135h

99-0825

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord One Thousand Nine Hundred and Ninety-Nine

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

1 Purpose. The general court finds that:

I. Unsolicited commercial telephone solicitation calls are perceived by many residents of the state of New Hampshire as a nuisance.

II. Methods have been implemented to date for reducing the perceived nuisance of receiving such unsolicited calls, including caller identification and no-call lists. However, these methods have been viewed by many residents as inadequate because the telephone is the primary means of emergency communication for most people and residents still need to interrupt their current activities to check whether the call is from a friend or relative, possibly from a location not previously known.

III. A study committee should carefully examine various options for creating and enforcing restrictions on such unsolicited calls.

2 Committee Established. There is established a committee to study and review issues related to unsolicited commercial telephone solicitation calls.

3 Membership and Compensation.

I. The members of the committee shall be as follows:

(a) Three members of the house of representatives, at least one of whom shall be from the science, technology and energy committee and at least one of whom shall be from the commerce committee, appointed by the speaker of the house. The speaker of the house may appoint up to 3 other members, if deemed necessary, as alternates.

(b) At least 2 but not more than 3 members of the senate, appointed by the president of the senate.

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

4 Duties. The committee shall be responsible for the following:

I. Monitoring and assessing the effectiveness of existing and future methods of attempting to reduce or eliminate unsolicited commercial telephone solicitation calls to those residents of New Hampshire who do not wish to receive them.

II. Monitoring, assessing, and suggesting changes in public utilities commission information designed to inform customers of their rights under telephone and electric service deregulation.

III. Studying the relative benefits, relative costs, legality under federal laws including federal telecommunications laws, and feasibility of restrictions on unsolicited commercial telephone solicitation calls, ranging from restrictions on the number and nature of such calls to prohibition of such calls.

IV. Examining whether penalties, if any, should include not only fines, but also the suspension of a violator's right to provide certain services, such as the provision of competitive telephone or electric service, within the state.

V. Examining whether restrictions, if any, on unsolicited commercial telephone solicitation calls should be placed on persons engaged in all businesses, or whether restrictions should be limited and placed only on persons engaged in businesses where restrictions could be more easily enforced, such as competitive telephone or electric service providers that must register with the state before providing service.

VI. Studying whether if restrictions are placed, residents not wishing to receive unsolicited commercial telephone solicitation calls should opt in to the restrictions, or whether residents wishing to receive unsolicited commercial telephone solicitation calls should opt out of the restrictions.

5 Chairperson. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section.

6 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2000.

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