093_HB3407ham001
LRB093 10501 LCB 13825 a
1 AMENDMENT TO HOUSE BILL 3407
2 AMENDMENT NO. . Amend House Bill 3407 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Restricted Call Registry Act is amended
5 by changing Sections 10, 20, 25, 30, 35, and 40 as follows:
6 (815 ILCS 402/10)
7 Sec. 10. Prohibited calls. Beginning October July 1,
8 2003, it is a violation of this Act for any no person or
9 entity to may make or cause to be made any telephone
10 solicitation calls to any residential subscriber more than 45
11 days after the person or entity obtains the Registry or any
12 update of the Registry on which the residential subscriber's
13 telephone number or numbers first appear on the Registry.
14 (Source: P.A. 92-795, eff. 8-9-02.)
15 (815 ILCS 402/20)
16 Sec. 20. Registry; establishment and maintenance.
17 (a) The Illinois Commerce Commission shall establish and
18 provide for the operation of a Restricted Call Registry,
19 which shall contain a list of the telephone numbers of
20 residential subscribers who do not wish to receive telephone
21 solicitation calls. The national "do-not-call" registry
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1 established and maintained by the Federal Trade Commission,
2 pursuant to 16 C.F.R. 310.4 (b)(1)(iii)(B), shall serve as
3 the Registry provided by this Act. The Illinois Commerce
4 Commission may contract with a private vendor to establish
5 and maintain the Registry if the contract requires the vendor
6 to provide
7 (b) Residential subscribers may cause their telephone
8 number or numbers to appear on the Registry in a printed hard
9 copy format, in an electronic format, and in any manner other
10 format prescribed by the Illinois Commerce Commission.
11 (c) Any person or entity conducting telephone
12 solicitation calls as defined by Section 5(e) of this Act
13 within the State of Illinois shall purchase the Restricted
14 Call Registry and updates no less frequently than every 3
15 months exclusively from the Federal Trade Illinois Commerce
16 Commission. Failure to do so prior to conducting telephone
17 solicitation calls is a violation subject to the penalties
18 provided for in Section 35 of this Act.
19 (d)(b) No later than January 1, 2003, The Illinois
20 Commerce Commission may shall adopt rules consistent with
21 this Act that the Illinois Commerce Commission deems
22 necessary and appropriate to fully implement this Act. The
23 rules shall include, at a minimum, methods by which any
24 person or entity desiring to make telephone solicitation
25 calls may obtain access to the Registry to avoid calling the
26 telephone numbers of residential subscribers included in the
27 Registry.
28 (c) The fee for obtaining the Registry and updates shall
29 be set forth in rules adopted by the Illinois Commerce
30 Commission. The fee may not exceed $1,000 annually and may
31 not exceed the costs incurred by the Commission in the
32 preparation, maintenance, production, and distribution of the
33 Registry. All copies requested in a printed hard copy format
34 shall be assessed a per page fee to be determined by rules
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1 adopted by the Illinois Commerce Commission.
2 (d) The Illinois Commerce Commission shall update the
3 Registry and make information in the Registry available on a
4 quarterly basis in an electronic format that can be sorted by
5 individual fields and, if deemed appropriate by the Illinois
6 Commerce Commission, in one or more other formats.
7 (e) If the Federal Communications Commission or Federal
8 Trade Commission establishes a single national database of
9 telephone numbers of subscribers who object to receiving
10 telephone solicitations, which restricts both inter-state and
11 intra-state calls and at a minimum covers all telephone
12 solicitations covered by this Act, this State shall
13 discontinue the Registry.
14 (e)(f) Information pertaining to residential subscribers
15 Information in the Registry is confidential and shall be
16 afforded reasonable privacy protection except as necessary
17 for compliance with Sections 10 and 25 and this Section or in
18 a proceeding or action under Section 35 or 40. The
19 information is not a public record under the Freedom of
20 Information Act.
21 (g) The Illinois Commerce Commission shall periodically
22 obtain subscription listings of residential subscribers in
23 this State who have arranged to be included in any national
24 do-not-call list and add those names to the Registry.
25 (f)(h) A person or entity that obtains the Registry
26 shall not use the Registry for any purpose other than to
27 comply with this Act. These unlawful purposes include, but
28 are not limited to, causing a subscriber to participate in
29 and be included in the Registry without the subscriber's
30 knowledge or consent, selling or leasing the Registry to a
31 person other than a telephone solicitor, selling or leasing
32 by a telephone solicitor of the Registry, and a telephone
33 solicitor, either directly or indirectly, persuading a
34 subscriber with whom it has an established business
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1 relationship to place his or her telephone number in the
2 Registry, if the solicitation has the effect of preventing
3 competitors from contacting that solicitor's customers.
4 (g)(i) No person or entity that sells, leases,
5 exchanges, or rents telephone solicitation lists, except for
6 directory assistance and telephone directories sold by
7 telephone companies or their affiliates, shall include in
8 those lists those telephone numbers that appear in the
9 current Registry.
10 (Source: P.A. 92-795, eff. 8-9-02.)
11 (815 ILCS 402/25)
12 Sec. 25. Notice of establishment of Registry.
13 Enrollment. (a) The Illinois Commerce Commission shall
14 provide notice to residential subscribers of the
15 establishment of the Registry.
16 (b) The Illinois Commerce Commission shall establish any
17 method deemed appropriate for a residential subscriber to
18 notify the Illinois Commerce Commission that the residential
19 subscriber wishes to have its telephone number included in or
20 remain on the Registry.
21 (c) The Commission may, by rule, set an initial fee
22 which shall not exceed $5 per residential subscriber for
23 inclusion on the Restricted Call Registry. The Commission
24 shall review the revenues and expenditures of the Restricted
25 Call Registry on a biennial basis and shall, by rule, reduce
26 the fee accordingly if revenues exceed expenditures. The
27 Commission may adopt rules and procedures governing the
28 acceptance of payment by credit card and may enter into such
29 agreements as necessary to accept payment by credit card.
30 (d) A residential subscriber's telephone number shall be
31 deleted from the Registry upon the residential subscriber's
32 written request.
33 (e) Enrollment in the Registry is effective from the
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1 start of the quarter following the date of enrollment for a
2 term of 5 years or until the residential subscriber
3 disconnects or changes his or her telephone number, unless
4 the subscriber complies with the notice provision contained
5 in this Section, whichever occurs first. The residential
6 subscriber shall be permitted to extend their enrollment for
7 additional 5 year periods and shall not be subject to any fee
8 for this extension. The residential subscriber is
9 responsible for notifying the Illinois Commerce Commission of
10 any changes in his or her telephone number. The Illinois
11 Commerce Commission shall use its best efforts to notify
12 enrolled residential subscribers before the end of the 5-year
13 enrollment term of the option to extend their enrollment.
14 Residential subscribers who do not indicate their desire to
15 extend their enrollment before the end of the 5-year term
16 shall be given a one quarter grace period before being
17 removed from the Registry.
18 (Source: P.A. 92-795, eff. 8-9-02.)
19 (815 ILCS 402/30)
20 Sec. 30. Public notification. The Illinois Commerce
21 Commission shall work with local exchange telecommunications
22 companies to notify disseminate to their customers
23 information about the availability of and instructions for
24 requesting information educational literature from the
25 Illinois Commerce Commission. The Illinois Commerce
26 Commission may enter into agreements with those companies for
27 the dissemination of the educational literature. Local
28 exchange telecommunications companies shall provide this
29 notice disseminate the educational literature at least once
30 per year in a message contained in customers' bills and
31 include or a notice in the information section of all
32 telephone directories distributed to customers and shall
33 include on their website a link to the ICC's web page for the
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1 Registry. The Illinois Commerce Commission shall include, on
2 its Internet web site, information to customers regarding
3 their right to be included in the Registry and the various
4 methods, including notice to the Illinois Commerce
5 Commission, of being included in the Registry. The Illinois
6 Commerce Commission shall develop language to be used by
7 local exchange telecommunications carriers and shall make
8 information available on its web site shall have this
9 literature developed for dissemination to the public no later
10 than July March 1, 2003.
11 (Source: P.A. 92-795, eff. 8-9-02.)
12 (815 ILCS 402/35)
13 Sec. 35. Violation; relief.
14 (a) The Illinois Commerce Commission may initiate
15 administrative proceedings in accordance with rules adopted
16 under this Act relating to a knowing and willful violation of
17 Section 10.
18 (b) If it is determined after a hearing that a person
19 has knowingly and willfully violated one or more provisions
20 of this Section, the Illinois Commerce Commission may assess
21 a fine not to exceed $1,000 for the first violation and not
22 to exceed $2,500 for a second or subsequent violation. Each
23 individual violation of Section 10 of this Act shall be a
24 separate and distinct offense under this Section. In
25 imposing a penalty under this Section, the Commission shall,
26 at a minimum, consider the following factors:
27 (1) whether the offense was knowing or willful;
28 (2) whether the entity committing the offense has a
29 prior history of non-compliance with this Act;
30 (3) the offender's relative ability to pay a
31 penalty;
32 (4) whether the offender has or has not cooperated
33 with the Commission in pursuing the investigation; and
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1 (5) such other special, mitigating or aggravating
2 circumstances as the Commission may find to exist.
3 (c) Any proceeding conducted under this Section is
4 subject to the Illinois Administrative Procedure Act.
5 (d) Nothing in this Section may be construed to restrict
6 any right that any person may have under any other law or at
7 common law.
8 (e) No action or proceeding may be brought under this
9 Section:
10 (1) more than one year after the person bringing
11 the action knew or should have known of the occurrence of
12 the 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 (f) The remedies, duties, prohibitions, and penalties in
17 this Act are not exclusive and are in addition to all other
18 causes of action, remedies, and penalties provided by law.
19 (g) There is created in the State Treasury a special
20 fund to be known as the Restricted Call Registry Fund. All
21 fees and fines collected in the administration and
22 enforcement of this Act shall be deposited into the Fund.
23 Moneys in the Fund shall, subject to appropriation, be used
24 by the Illinois Commerce Commission for implementation,
25 administration, and enforcement of this Act.
26 (Source: P.A. 92-795, eff. 8-9-02.)
27 (815 ILCS 402/40)
28 Sec. 40. Exemption.
29 (a) A person or entity may not be held liable for
30 violating this Act if:
31 (1) the person or entity has obtained copies of the
32 Registry and updates in compliance with this Act each
33 updated Registry from the Illinois Commerce Commission
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1 and has established and implemented written policies and
2 procedures related to the requirements of this Act;
3 (2) the person or entity has trained its personnel
4 in the requirements of this Act;
5 (3) the person or entity maintains records
6 demonstrating compliance with subdivisions (1) and (2) of
7 this Section and the requirements of this Act; and
8 (4) any subsequent telephone solicitation is the
9 result of unintentional error.
10 (b) A person or entity that has entered into a contract
11 with another person or entity to make telephone solicitations
12 on its behalf is not liable for a violation of this Act by
13 the person or entity making telephone solicitations under the
14 contract if the person or entity on whose behalf the
15 telephone solicitations were made has provided written
16 notification to the person or entity making telephone
17 solicitations under the contract that it is necessary to
18 comply with the provisions of this Act when making telephone
19 solicitations.
20 (Source: P.A. 92-795, eff. 8-9-02.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.".