State of Illinois
92nd General Assembly
Legislation

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[ Senate Amendment 002 ]


92_HB0176ham001

 










                                           LRB9201785RCcdam01

 1                     AMENDMENT TO HOUSE BILL 176

 2        AMENDMENT NO.     .  Amend House Bill 176 as follows:

 3    by replacing everything after the enacting  clause  with  the
 4    following:

 5        "Section  1.  Short  title.  This Act may be cited as the
 6    No-Call Database Act.

 7        Section 5. Definitions. As used in this Act:
 8        (a)  "Residential subscriber" means a  person  or  spouse
 9    who  has  subscribed  to residential telephone service from a
10    local exchange company, a  guardian  of  the  person,  or  an
11    individual  who  has  power of attorney from or an authorized
12    agent of the person;
13        (b)  "Established  business   relationship"   means   the
14    existence  of  an  oral  or  written  arrangement, agreement,
15    contract, or other such legal  state  of  affairs  between  a
16    person  or entity and an existing customer where both parties
17    have a course of conduct or established pattern  of  activity
18    for  commercial or mercantile purposes and for the benefit or
19    profit of both parties.   A  pattern  of  activity  does  not
20    necessarily mean multiple previous contacts.  The established
21    business   relationship   must  exist  between  the  existing
 
                            -2-            LRB9201785RCcdam01
 1    customer and the person or  entity  directly,  and  does  not
 2    extend  to  any  related  business  entity  or other business
 3    organization of the person or entity or related to the person
 4    or entity or the person or entity's agent including  but  not
 5    limited  to  a  parent  corporation,  subsidiary partnership,
 6    company or other corporation or affiliate;
 7        (c)  "Existing customer"  means  an  individual  who  has
 8    either:
 9             (1)  entered    into   a   transaction,   agreement,
10        contract, or other such legal state of affairs between  a
11        person  or  entity and a residential subscriber where the
12        payment or exchange of consideration  for  any  goods  or
13        services  has taken place within the preceding 18 months,
14        or has been previously arranged to take place at a future
15        time; or
16             (2)  opened or maintained a credit card  account  or
17        other  such revolving credit or debit account or discount
18        program offered by the  person  or  entity  and  has  not
19        requested  the  person or entity to close such account or
20        terminate such program;
21        (d)  "Telephone    solicitation"    means    any    voice
22    communication over a telephone  line  from  a  live  operator
23    through  the  use of ADAD equipment or by other means for the
24    purpose  of  encouraging  the  purchase  or  rental  of,   or
25    investment  in  property,  goods,  or  services, but does not
26    include communications:
27             (1)  To  any  residential   subscriber   with   that
28        subscriber's prior express invitation or permission;
29             (2)  By  or  on  behalf of any person or entity with
30        whom a residential subscriber has an established business
31        relationship, which has not  been  terminated  by  either
32        party in writing;
33             (3)  By  or  on  behalf of any person or entity with
34        whom a residential subscriber is  an  existing  customer,
 
                            -3-            LRB9201785RCcdam01
 1        unless the customer has stated to the person or entity or
 2        the  person  or  entity's  agent that he or she no longer
 3        wishes to receive the telemarketing sales calls  of  such
 4        person or entity;
 5             (4)  By  or  on  behalf of an entity organized under
 6        Section 501(c)(3) of the United States  Internal  Revenue
 7        Code,  while  the  entity  is  engaged in fund raising to
 8        support the charitable purpose for which the  entity  was
 9        established;
10             (5)  By  or  on  behalf  of  any entity over which a
11        federal or State agency has regulatory authority  to  the
12        extent  that  subject  to  that  authority, the entity is
13        required to maintain a license, permit, or certificate to
14        sell or provide  telecommunications  services  while  the
15        entity  is  engaged  in  telephone  solicitation for long
16        distance  telecommunications  services   and   or   local
17        telecommunications  services until such time as all local
18        exchange telecommunications services are determined to be
19        competitive in all areas of the  State  by  the  Illinois
20        Commerce Commission; and
21             (6)  By  or  on  behalf  of a person licensed by the
22        State of Illinois to carry out  a  trade,  occupation  or
23        profession, who either:
24                  (A)  is  setting or attempting to set a face to
25             face  appointment  for  actions  relating  to   that
26             licensed  trade, occupation or profession within the
27             state, or
28                  (B)  Is encouraging or attempting to  encourage
29             the   purchase   or  rental  of,  or  investment  in
30             property,  goods,  or  services,  which  cannot   be
31             completed,  and  payment or authorization of payment
32             is not required, until after a written or electronic
33             agreement is signed by the residential subscriber.
 
                            -4-            LRB9201785RCcdam01
 1        Section 10. Complaints. The Office of  the  Secretary  of
 2    State  shall  receive  telephone solicitation complaints from
 3    residential subscribers who have registered with that  Office
 4    to  object  to  such calls.  Complaints shall be taken by any
 5    means  deemed  appropriate  by  the   Secretary   of   State.
 6    Complaints  against entities that are licensed, certificated,
 7    or permitted by a State or federal agency shall be  forwarded
 8    for  investigation by the Office of the Secretary of State to
 9    the appropriate agency provided that  the  respective  agency
10    maintains  investigative  powers  in such matters.  All other
11    complaints  shall  be  investigated  by  the  Office  of  the
12    Secretary of State.  The standards  for  such  referrals  and
13    investigations  shall  be  determined by rules established by
14    the Office of the Secretary of State.

15        Section 15. Telephone solicitation.  Beginning January 1,
16    2003, no person or entity shall make or cause to be made  any
17    telephone   solicitation   to   the  telephone  line  of  any
18    residential subscriber in this State who has given notice  to
19    the  Secretary  of  State,  in  accordance with rules adopted
20    under this Act, of the subscriber's  objection  to  receiving
21    telephone solicitations.

22        Section 20. Database.
23        (a)  The  Secretary  of State shall establish and provide
24    for the  operation  of  a  database  to  compile  a  list  of
25    telephone  numbers  of  residential subscribers who object to
26    receiving telephone solicitations.  The  Secretary  of  State
27    may  enter  into  a  contract  with  a  third  party  for the
28    operation  of  the  database.   The  database  shall  be   in
29    operation no later than January 1, 2003.
30        (b)  No  later  than July 1, 2002, the Secretary of State
31    shall adopt rules consistent  with  this  Act  governing  the
32    establishment of a State no-call database the Secretary deems
 
                            -5-            LRB9201785RCcdam01
 1    necessary  and  appropriate to fully implement this Act.  The
 2    rules shall include, at  a  minimum,  methods  by  which  any
 3    person  or  entity  desiring  to make telephone solicitations
 4    will obtain access to  the  database  as  required  to  avoid
 5    calling  the  telephone  numbers  of  residential subscribers
 6    included in the database.
 7        (c)  The fee for persons or entities obtaining  the  list
 8    shall be determined by rules established by the Office of the
 9    Secretary  of State, not to exceed $200 annually.  All copies
10    requested in paper form shall be assessed a per page  fee  to
11    be  determined  by  rules  established  by  the Office of the
12    Secretary of State.
13        (d)  The Secretary shall update  the  database  and  make
14    information  within  the  database  available  on a quarterly
15    basis in a manner deemed appropriate by the Secretary, but at
16    least electronically.
17        (e)  Entities  shall  have  60-days  from  the  quarterly
18    update of the database to comply with Section 15 of this Act.
19        (f)  If the Federal Communications Commission or  Federal
20    Trade  Commission  establishes  a single national database of
21    telephone numbers of  subscribers  who  object  to  receiving
22    telephone   solicitations  under  Title  47  U.S.C.,  Section
23    227(c)(3),   Illinois   shall   discontinue   the    database
24    established under this Act.
25        (g)  Information  contained  in  the database established
26    under  this  Section  shall  be  confidential  and   afforded
27    reasonable  privacy  protection  except  as necessary for the
28    purpose of compliance with Section 15, 25, and  this  Section
29    or   in   a  proceeding  or  action  under  Section  30.  The
30    information is not a  public  record  under  the  Freedom  of
31    Information Act.
32        (h)  The  Secretary  of  State  shall periodically obtain
33    subscription listings  of  residential  subscribers  in  this
34    State   who   have  arranged  to  be  included  any  national
 
                            -6-            LRB9201785RCcdam01
 1    do-not-call list and add those names to the State do-not-call
 2    list.

 3        Section 25.  Enrollment.
 4        (a)  The Secretary of State shall  establish  any  method
 5    deemed  appropriate for residential subscribers to notify the
 6    Secretary of State that the residential subscriber wishes  to
 7    be included in the database.
 8        (b)  There shall be no cost to the subscriber for joining
 9    the database.
10        (c)  Any  residential subscriber who wishes to be removed
11    from the database may  contact  the  Secretary  of  State  in
12    writing.
13        (d)  Enrollment  in  the database shall be effective from
14    the start of the quarter following the date of enrollment for
15    a term  of  5  years  or  until  the  residential  subscriber
16    disconnects or changes his or her telephone number, whichever
17    occurs   first.    The   residential   subscriber   shall  be
18    responsible for notifying  the  Secretary  of  State  of  any
19    changes  in  his  or  her telephone number. The Office of the
20    Secretary of State shall  use  its  best  efforts  to  notify
21    enrolled  consumers prior to the end of the 5-year enrollment
22    term of the option to re-enroll.  Those consumers who do  not
23    re-enroll  prior  to  the  end  of  the  5-year term shall be
24    removed from the database.

25        Section 30. Relief.
26        (a)  The Secretary of State may  initiate  administrative
27    proceedings  pursuant  to  rules  promulgated  under this Act
28    relating to a knowing and willful violation  of  Section  15.
29    If  it  is  determined  after  hearing  that  any  person has
30    knowingly and willfully violated one or  more  provisions  of
31    this  Section,  the Secretary may assess a fine not to exceed
32    $2,500 for each violation.  Any proceeding conducted pursuant
 
                            -7-            LRB9201785RCcdam01
 1    to  this  Section  shall   be   subject   to   the   Illinois
 2    Administrative Procedure Act.
 3        (b)  It  is a defense in any action or proceeding brought
 4    under this Section that the  defendant  has  established  and
 5    implemented,   with   due   care,  reasonable  practices  and
 6    procedures to effectively prevent telephone solicitations  in
 7    violation of Section 15.
 8        (c)  No  action  or  proceeding may be brought under this
 9    Section:
10             (1) More than one year after the person bringing the
11        action knew or should have known of the occurrence of the
12        alleged violation; or
13             (2) More than one year after the termination of  any
14        proceeding or action arising out of the same violation or
15        violations by the State of Illinois, whichever is later.
16        (d)  The  remedies, duties, prohibition, and penalties of
17    this Act are not exclusive and are in addition to  all  other
18    causes of action, remedies, and penalties provided by law.
19        (e)   No  provider  of  telephone  caller  identification
20    service shall be held liable for  violations  of  Section  15
21    committed by other persons or entities.
22        (f) There is created in the State treasury a special fund
23    to  be known as the No-Call Database Fund. All fees and fines
24    collected in the administration and enforcement of  this  Act
25    shall  be  deposited into the Fund. Moneys in the Fund shall,
26    subject to appropriation,  be  used  by  the  Office  of  the
27    Secretary  of  State  for implementation, administration, and
28    enforcement of this Act.

29        Section 35.  Public Notification.  The Secretary of State
30    shall work with local exchange  telecommunications  companies
31    to  disseminate  to their residential subscribers information
32    about the availability  of  and  instructions  about  how  to
33    request  educational  literature from the Secretary of State.
 
                            -8-            LRB9201785RCcdam01
 1    The Secretary of State may enter into agreements  with  those
 2    companies for the purpose of dissemination of the educational
 3    literature.   Telecommunications  companies shall be required
 4    to disseminate the respective literature at  least  once  per
 5    year  in  the form of both a bill message and a notice in the
 6    information Section of all telephone  directories  circulated
 7    to  residential  subscribers.   The  Secretary of State shall
 8    include on his or her  Internet  web  site  information  that
 9    informs  residential subscribers of their rights to be placed
10    on a no-call list and the various methods,  including  notice
11    to  the  Secretary  of  State, of placing their names on this
12    no-call  list.   The  Secretary  of  State  shall  have  this
13    literature developed for dissemination to the public no later
14    than January 1, 2002.

15        Section 105.  The State Finance Act is amended by  adding
16    Section 5.545 as follows:

17        (30 ILCS 105/5.545 new)
18        Sec. 5.545. No-Call Database Fund.

19        Section 999.  Effective date.  This Act takes effect upon
20    becoming law.".

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