State of Illinois
92nd General Assembly
Legislation

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92_HB0176sam002

 










                                           LRB9201785WHcsam01

 1                     AMENDMENT TO HOUSE BILL 176

 2        AMENDMENT NO.     .  Amend House Bill  176  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  1.  Short  title.  This Act may be cited as the
 5    Restricted Call Registry Act.

 6        Section 5.  Definitions. As used in this Act:
 7        (a)  "Residential subscriber" means a  person  or  spouse
 8    who  has  subscribed  to residential telephone service from a
 9    local exchange company, a  guardian  of  the  person  or  the
10    person's  spouse,  or an individual who has power of attorney
11    from or an authorized agent of the  person  or  the  person's
12    spouse.
13        (b)  "Established   business   relationship"   means  the
14    existence of  an  oral  or  written  arrangement,  agreement,
15    contract, or other legal state of affairs between a person or
16    entity and an existing customer under which both parties have
17    a  course  of  conduct or established pattern of activity for
18    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
22    customer and the person or  entity  directly,  and  does  not
 
                            -2-            LRB9201785WHcsam01
 1    extend  to  any  related  business  entity  or other business
 2    organization of the person or entity or related to the person
 3    or entity or the person or entity's agent including  but  not
 4    limited  to  a  parent  corporation,  subsidiary partnership,
 5    company or other corporation or affiliate.
 6        (c)  "Existing customer"  means  an  individual  who  has
 7    either:
 8             (1)  entered    into   a   transaction,   agreement,
 9        contract, or other  legal  state  of  affairs  between  a
10        person or entity and a residential subscriber under which
11        the payment or exchange of consideration for any goods or
12        services  has  taken place within the preceding 18 months
13        or has been arranged to take place at a future time; or
14             (2)  opened or maintained a  debit  account,  credit
15        card  account,  or  other  revolving  credit  or discount
16        program offered by the  person  or  entity  and  has  not
17        requested  the  person or entity to close such account or
18        terminate such program.
19        (d)  "Registry"  means  the  Restricted   Call   Registry
20    established under this Act.
21        (e)  "Telephone    solicitation"    means    any    voice
22    communication  over  a  telephone  line from a live operator,
23    through the use of an autodialer  or  autodialer  system,  as
24    defined  in Section 5 of the Automatic Telephone Dialers Act,
25    or by other means for the purpose of encouraging the purchase
26    or rental of, or investment in, property, goods, or services,
27    but does not include communications:
28             (1)  to  any  residential   subscriber   with   that
29        subscriber's  prior express invitation or permission when
30        a voluntary  2-way  communication  between  a  person  or
31        entity  and a residential subscriber has occurred with or
32        without an exchange of consideration;
33             (2)  by or on behalf of any person  or  entity  with
34        whom a residential subscriber has an established business
 
                            -3-            LRB9201785WHcsam01
 1        relationship  which has not been terminated in writing by
 2        either party and which is related to the  nature  of  the
 3        established business relationship;
 4             (3)  by  or  on  behalf of any person or entity with
 5        whom a residential subscriber is  an  existing  customer,
 6        unless the customer has stated to the person or entity or
 7        the  person  or  entity's  agent that he or she no longer
 8        wishes to receive the telemarketing sales  calls  of  the
 9        person  or  entity,  or  unless the nature of the call is
10        unrelated to the established business  relationship  with
11        the existing customer;
12             (4)  by  or  on  behalf of an entity organized under
13        Section  501(c)(3),  501(c)(4),  or  501(c)(6)   of   the
14        Internal  Revenue  Code,  while  the entity is engaged in
15        fundraising to support the charitable  or  not-for-profit
16        purpose for which the entity was established;
17             (5)  by  or  on  behalf  of a person licensed by the
18        State of Illinois to carry out a  trade,  occupation,  or
19        profession who either:
20                  (A)  is  setting or attempting to set a face to
21             face  appointment  for  actions  relating  to   that
22             licensed  trade,  occupation,  or  profession within
23             this State; or
24                  (B)  is encouraging or attempting to  encourage
25             the   purchase  or  rental  of,  or  investment  in,
26             property,  goods,  or  services,  which  cannot   be
27             completed, and for which payment or authorization of
28             payment  is  not  required, until after a written or
29             electronic agreement is signed  by  the  residential
30             subscriber; or
31             (6)  until  July  1,  2005,  by  or on behalf of any
32        entity over which the Federal  Communications  Commission
33        or   the  Illinois  Commerce  Commission  has  regulatory
34        authority to the extent that, subject to that  authority,
 
                            -4-            LRB9201785WHcsam01
 1        the  entity is required to maintain a license, permit, or
 2        certificate  to  sell   or   provide   telecommunications
 3        service,  as  defined  in  Section  13-203  of the Public
 4        Utilities Act, while the entity is engaged  in  telephone
 5        solicitation    for   inter-exchange   telecommunications
 6        service, as defined  in  Section  13-205  of  the  Public
 7        Utilities   Act,  or  local  exchange  telecommunications
 8        service, as defined  in  Section  13-204  of  the  Public
 9        Utilities Act.

10        Section 10.  Prohibited calls. Beginning July 1, 2002, no
11    person  or  entity may make or cause to be made any telephone
12    solicitation calls to any residential subscriber more than 45
13    days after the residential subscriber's telephone  number  or
14    numbers first appear on the Registry.

15        Section 15.  Complaints. The Illinois Commerce Commission
16    shall   receive   telephone   solicitation   complaints  from
17    residential subscribers to object to such  calls.  Complaints
18    shall  be  taken  by  any  means  deemed  appropriate  by the
19    Illinois Commerce Commission. Complaints against  persons  or
20    entities  that  are licensed, certificated, or permitted by a
21    State or federal agency shall be forwarded for  investigation
22    by the Illinois Commerce Commission to the appropriate agency
23    if  the  respective  agency has the power to investigate such
24    matters. All other complaints shall be  investigated  by  the
25    Illinois Commerce Commission. The standards for referrals and
26    investigations  shall  be  set  forth in rules adopted by the
27    Illinois Commerce Commission.

28        Section 20.  Registry; establishment and maintenance.
29        (a)  The Illinois Commerce Commission shall establish and
30    provide for the operation  of  a  Restricted  Call  Registry,
31    which  shall  contain  a  list  of  the  telephone numbers of
 
                            -5-            LRB9201785WHcsam01
 1    residential subscribers who do not wish to receive  telephone
 2    solicitation  calls.  The  Illinois  Commerce  Commission may
 3    contract with a private vendor to establish and maintain  the
 4    Registry  if  the contract requires the vendor to provide the
 5    Registry in a printed hard  copy  format,  in  an  electronic
 6    format,  and  in  any other format prescribed by the Illinois
 7    Commerce Commission.
 8        (b)  No  later  than  January  1,  2002,  the    Illinois
 9    Commerce Commission shall adopt rules  consistent  with  this
10    Act that the Illinois Commerce Commission deems necessary and
11    appropriate  to  fully  implement  this  Act. The rules shall
12    include, at a minimum, methods by which any person or  entity
13    desiring  to  make  telephone  solicitation  calls may obtain
14    access to the Registry to avoid calling the telephone numbers
15    of residential subscribers included in the Registry.
16        (c)  The fee for obtaining  the  Registry  shall  be  set
17    forth  in  rules adopted by the Illinois Commerce Commission.
18    The fee may not exceed $500 annually. All copies requested in
19    a printed hard copy format shall be assessed a per  page  fee
20    to  be  determined  by rules adopted by the Illinois Commerce
21    Commission.
22        (d)  The Illinois Commerce Commission  shall  update  the
23    Registry  and make information in the Registry available on a
24    quarterly basis  in  an  electronic  format  and,  if  deemed
25    appropriate  by  the  Illinois Commerce Commission, in one or
26    more other formats.
27        (e)  If the Federal Communications Commission or  Federal
28    Trade  Commission  establishes  a single national database of
29    telephone numbers of  subscribers  who  object  to  receiving
30    telephone  solicitations under Title 47, Section 227(c)(3) of
31    the United States Code,  this  State  shall  discontinue  the
32    Registry.
33        (f)  Information  in  the  Registry  is  confidential and
34    shall be afforded reasonable  privacy  protection  except  as
 
                            -6-            LRB9201785WHcsam01
 1    necessary  for  compliance  with  Sections 10 and 25 and this
 2    Section or in a proceeding or action under Section 35 or  40.
 3    The  information  is not a public record under the Freedom of
 4    Information Act.
 5        (g)  The Illinois Commerce Commission shall  periodically
 6    obtain  subscription  listings  of residential subscribers in
 7    this State who have arranged to be included in  any  national
 8    do-not-call list and add those names to the Registry.

 9        Section 25.  Enrollment.
10        (a)  The   Illinois  Commerce  Commission  shall  provide
11    notice to residential subscribers of the establishment of the
12    Registry.
13        (b)  The Illinois Commerce Commission shall establish any
14    method deemed appropriate for  a  residential  subscriber  to
15    notify  the Illinois Commerce Commission that the residential
16    subscriber wishes to be included in the Registry.
17        (c)  There shall be no cost to a  residential  subscriber
18    for inclusion in the Registry.
19        (d)  A  residential  subscriber  in the Registry shall be
20    deleted from the Registry upon the  residential  subscriber's
21    written request.
22        (e)  Enrollment  in  the  Registry  is effective from the
23    start of the quarter following the date of enrollment  for  a
24    term   of   5  years  or  until  the  residential  subscriber
25    disconnects or changes his or her telephone number, whichever
26    occurs first. The residential subscriber is  responsible  for
27    notifying  the Illinois Commerce Commission of any changes in
28    his or her telephone number. The Illinois Commerce Commission
29    shall use its best efforts  to  notify  enrolled  residential
30    subscribers  before  the end of the 5-year enrollment term of
31    the option to re-enroll. Residential subscribers who  do  not
32    re-enroll  before the end of the 5-year term shall be removed
33    from the Registry.
 
                            -7-            LRB9201785WHcsam01
 1        Section 30.  Public notification. The  Illinois  Commerce
 2    Commission  shall work with local exchange telecommunications
 3    companies to disseminate to their customers information about
 4    the  availability  of   and   instructions   for   requesting
 5    educational literature from the Illinois Commerce Commission.
 6    The  Illinois  Commerce  Commission may enter into agreements
 7    with those companies for the dissemination of the educational
 8    literature. Telecommunications  companies  shall  disseminate
 9    the  educational  literature at least once per year in both a
10    message contained in customers' bills and  a  notice  in  the
11    information  section of all telephone directories distributed
12    to customers. The Illinois Commerce Commission shall include,
13    on its Internet web site, information to customers  regarding
14    their  right  to  be included in the Registry and the various
15    methods,  including   notice   to   the   Illinois   Commerce
16    Commission,  of  being included in the Registry. The Illinois
17    Commerce Commission shall have this literature developed  for
18    dissemination to the public no later than March 1, 2002.

19        Section 35.  Violation; relief.
20        (a)  The   Illinois   Commerce  Commission  may  initiate
21    administrative proceedings in accordance with  rules  adopted
22    under this Act relating to a knowing and willful violation of
23    Section 10.
24        (b)  If  it  is  determined after a hearing that a person
25    has knowingly and willfully violated one or  more  provisions
26    of  this Section, the Illinois Commerce Commission may assess
27    a fine not to exceed $2,500 for each violation.
28        (c)  Any  proceeding  conducted  under  this  Section  is
29    subject to the Illinois Administrative Procedure Act.
30        (d)  Nothing in this Section may be construed to restrict
31    any right that any person may have under any other law or  at
32    common law.
33        (e)  No  action  or  proceeding may be brought under this
 
                            -8-            LRB9201785WHcsam01
 1    Section:
 2             (1)  more than one year after  the  person  bringing
 3        the action knew or should have known of the occurrence of
 4        the alleged violation; or
 5             (2)  more than one year after the termination of any
 6        proceeding or action arising out of the same violation or
 7        violations by the State of Illinois, whichever is later.
 8        (f)  The  remedies, duties, prohibition, and penalties in
 9    this Act are not exclusive and are in addition to  all  other
10    causes of action, remedies, and penalties provided by law.
11        (g)  There  is  created  in  the State treasury a special
12    fund to be known as the Restricted Call  Registry  Fund.  All
13    fees   and   fines   collected   in  the  administration  and
14    enforcement of this Act shall be  deposited  into  the  Fund.
15    Moneys  in  the Fund shall, subject to appropriation, be used
16    by  the  Illinois  Commerce  Commission  for  implementation,
17    administration, and enforcement of this Act.

18        Section 40.  Exemption. A person or  entity  may  not  be
19    held liable for violating this Act if:
20             (1)  the person or entity has obtained copies of the
21        Registry  and  each  updated  Registry  from the Illinois
22        Commerce Commission and has established  and  implemented
23        written   policies   and   procedures   related   to  the
24        requirements of this Act;
25             (2)  the person or entity has trained its  personnel
26        in the requirements of this Act;
27             (3)  the   person   or   entity   maintains  records
28        demonstrating compliance with subdivisions (1) and (2) of
29        this Section and the requirements of this Act; and
30             (4)  any subsequent telephone  solicitation  is  the
31        result of error.

32        Section  90.  The  State Finance Act is amended by adding
 
                            -9-            LRB9201785WHcsam01
 1    Section 5.545 as follows:

 2        (30 ILCS 105/5.545 new)
 3        Sec. 5.545.  The Restricted Call Registry Fund.

 4        Section 99. Effective date. This Act  takes  effect  upon
 5    becoming law.".

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