Prohibits unsolicited recorded phone messages from candidates or parties.

A BILL FOR AN ACT

SECTION 1. Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§11- Restrictions on use of automatic dialing and recorded message players for parties or candidates. (a) No person may use an automatic dialing and recorded message player to make an unsolicited telephone call on behalf of a party or candidate to any telephone subscriber's telephone number in this State if the telephone subscriber's telephone number appears in the latest edition of the federal "Do Not Call" Registry.

(b) For the purposes of this section, the following terms shall be as defined, unless the context clearly indicates otherwise:

""Do Not Call" Registry" means the registry created and maintained by the Federal Trade Commission pursuant to the Telemarketing Sales Rule, which was adopted by the Federal Trade Commission, 16 C.F.R. Part 310 (January 29, 2003 Edition), as amended, to implement the Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. sections 6101-6108, as amended.

"Telephone subscriber" means an individual who subscribes to a residential telephone service from a local exchange company, a competing local provider certified to do business in the State, or a wireless telephone company, or the individuals living or residing with that individual.

"Unsolicited telephone call" means a voice communication, whether prerecorded, live, or a facsimile, over a telephone line or wireless telephone network or via a commercial mobile radio service that is made to a telephone subscriber by a person on behalf of a party or candidate."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.