92nd General Assembly
Summary of HB0176
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House Sponsors:
HOFFMAN-BLACK-REITZ-FOWLER-JOHNSON, HOLBROOK, FRITCHEY, 
   FRANKS, MAY, FLOWERS, O'BRIEN, DAVIS,MONIQUE, MILLER, 
   MENDOZA, RYAN, CURRY,JULIE, MCKEON, FEIGENHOLTZ, 
   BRADLEY, BUGIELSKI, MULLIGAN, SCULLY, MCCARTHY, 
   LYONS,JOSEPH, ACEVEDO, CAPPARELLI, JONES,LOU, 
   PARKE, NOVAK, KENNER, HOWARD, RYDER, MEYER AND WINKEL.

Senate Sponsors:
SIEBEN-OBAMA-HALVORSON-RONEN-MADIGAN,L

Short description: 
TELEPHONE SOLICITATION-RULES                                               

Synopsis of Bill as introduced:
        Creates the No-Call Database Act. Provides that beginning July 1,      
   2002, no person or entity shall make or cause to be made any telephone      
   solicitation to the telephone line of any  residential  subscriber  in      
   this  State  who  has  given  notice  to the Secretary of State of the      
   subscriber's objection to receiving telephone solicitations.  Provides      
   that  the  Attorney  General shall receive telemarketing complaints by      
   means of a toll-free telephone number, by a notice in  writing  or  by      
   electronic means. Provides that the Secretary of State by July 1, 2002      
   shall establish and provide for the operation of a database to compile      
   a  list  of telephone numbers of residential subscribers who object to      
   receiving telephone solicitations. Establishes remedies and  penalties      
   for  violations.  Provides that the Attorney General and the Secretary      
   of State shall establish an  advisory  group  composed  of  government      
   entities,  local  telecommunications companies, businesses, and senior      
   citizen and other community advocates to compile and promote a list of      
   educational literature to help consumers understand their options with      
   regard to telephone solicitations. Effective immediately.                   
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          30 ILCS 105/5.545 new                                                
        Deletes everything  after  the  enacting  clause.   Restores  the      
   substance of the bill but provides that the Office of the Secretary of      
   State  rather  than  the  Attorney General shall investigate telephone      
   solicitation complaints. Provides  that  enrollment  in  the  database      
   shall be effective from the start of the quarter following the date of      
   enrollment  for  a term of 5 years or until the residential subscriber      
   disconnects or changes his or her telephone number,  whichever  occurs      
   first.  Amends  the  State  Finance Act.  Creates the No-Call Database      
   Fund in the  State  treasury.    Provides  that  all  fees  and  fines      
   collected  in  the administration of the No-Call Database Act shall be      
   deposited into the Fund.  Provides that the moneys in the  Fund  shall      
   be  used  subject   to appropriation by the Office of the Secretary of      
   State for  implementation,  enforcement,  and  administration  of  the      
   No-Call Database Act.  Effective immediately.                               
        HOUSE AMENDMENT NO. 2.                                                 
        In the definition of "existing customer", deletes provision  that      
   the  individual has opened or maintained a revolving debit account and      
   provides that the individual opened or maintained   a  debit  account.      
   Provides   that  the  exemption  from  the  definition  of  "telephone      
   solicitation" of communications to a residential subscriber  with  the      
   subscriber's  prior  express  invitation  or permission applies when a      
   voluntary 2-way communication between  a  person  or  entity  and  the      
   residential  subscriber  has  occurred  with or without an exchange of      
   consideration.                                                              
        SENATE AMENDMENT NO. 1.                                                
        Deletes everything.  Creates the No Call Registry  Act.  Provides      
   that  the Illinois Commerce Commission shall establish and provide for      
   the operation of a Do Not Call Registry, which shall contain a list of      
   the telephone numbers of residential subscribers who do  not  wish  to      
   receive  telephone  solicitation  calls.  Provides  that  no person or      
   entity may make or cause to be made any telephone  solicitation  calls      
   to  any residential subscriber more than 45 days after the residential      
   subscriber's telephone number or numbers first appear on the  No  Call      
   Registry. Provides that the Illinois Commerce Commission shall receive      
   telephone  solicitation  complaints  from  residential  subscribers to      
   object to such calls.  Provides  for  referral  and  investigation  of      
   complaints.  Provides  for:  inclusion  in  the  Registry; educational      
   literature;  violations;  remedies;  exemptions;  and  other  matters.      
   Creates the No Call Registry Fund as a  special  fund,  provides  that      
   fees and fines shall be deposited into the Fund and that moneys in the      
   Fund shall be used for implementation, administration, and enforcement      
   of the new Act,  and amends the State Finance Act to list the new Fund      
   as a special fund. Effective immediately.                                   
        SENATE AMENDMENT NO. 2.                                                
        Deletes everything.  Creates the Restricted  Call  Registry  Act.      
   Provides  that  the  Illinois  Commerce Commission shall establish and      
   provide for the operation of a Restricted Call Registry,  which  shall      
   contain a list of the telephone numbers of residential subscribers who      
   do  not wish to receive telephone solicitation calls. Provides that no      
   person  or  entity  may  make  or  cause  to  be  made  any  telephone      
   solicitation calls to any residential subscriber  more  than  45  days      
   after  the  residential subscriber's telephone number or numbers first      
   appear on the Restricted Call Registry.  Provides  that  the  Illinois      
   Commerce  Commission  shall  receive telephone solicitation complaints      
   from residential subscribers to object to  such  calls.  Provides  for      
   referral  and  investigation of complaints. Provides for: inclusion in      
   the   Registry;   educational   literature;   violations;    remedies;      
   exemptions;  and  other  matters. Creates the Restricted Call Registry      
   Fund as a  special  fund,  provides  that  fees  and  fines  shall  be      
   deposited  into the Fund and that moneys in the Fund shall be used for      
   implementation, administration, and enforcement of the new Act,    and      
   amends  the  State Finance Act to list the new Fund as a special fund.      
   Effective immediately.                                                      
 
Last action on Bill: TOTAL VETO STANDS

   Last action date: NOV-15-2001

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   2     SENATE -   2


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