2003 SESSION

03-2294

09/10

HOUSE BILL 1145

COMMITTEE: Commerce

ANALYSIS

This bill prohibits the use of facsimile devices for transmissions for the purpose of commercial solicitation, without the prior approval of the corporate officer responsible for solicitation.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-2294

09/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

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

1 New Chapter; Unsolicited Facsimile Transmissions Prohibited. Amend RSA by inserting after chapter 359-F the following new chapter:

CHAPTER 359-G

UNSOLICITED FACSIMILE TRANSACTIONS

359-G:1 Definitions. In this chapter:

I. "Commercial solicitation" means the unsolicited electronic or telephonic transmission to a facsimile device to encourage a person to purchase goods, realty, or services. "Commercial solicitation" shall not include:

(a) An electronic or telephonic transmission made in the course of prior negotiations.

(b) An electronic or telephonic transmission made in the course of a preexisting business relationship with the person receiving the transmission.

(c) Press releases or other contacts with the media made by electronic or telephonic transmission.

II. "Facsimile device" means a machine that receives and copies reproductions or facsimiles of documents or photographs that have been transmitted electronically or telephonically over telecommunications lines.

359-G:2 Commercial Solicitation Prohibited; Penalty.

I. No person shall make an electronic or telephonic transmission to a facsimile device for the purpose of commercial solicitation, without seeking prior approval of the corporate officer responsible for solicitation.

II. Any violation of the provisions of this chapter shall constitute an unfair or deceptive act or practice within the meaning of RSA 358-A:2. Any right, remedy or power set forth in RSA 358-A, including those set forth in RSA 358-A:4, may be used to enforce the provisions of this chapter. Such remedies shall be in addition to any other remedies provided by law or equity.

2 Effective Date. This act shall take effect January 1, 2005.