Bill Status of HB 4999   95th General Assembly

Short Description:  CRIM CD-UNSOLICIT FAX-CIVIL

House Sponsors
Rep. Karen May-Julie Hamos-Dennis M. Reboletti-Harry R. Ramey, Jr., Jack D. Franks, Linda Chapa LaVia, Lou Lang and Naomi D. Jakobsson

Senate Sponsors
(Sen. Dan Kotowski-John J. Cullerton)


Last Action  View All Actions

DateChamber Action
  1/13/2009HouseSession Sine Die

Statutes Amended In Order of Appearance
720 ILCS 5/26-3from Ch. 38, par. 26-3

Synopsis As Introduced
Amends the Criminal Code of 1961. Provides that a person who uses or causes the use of a facsimile machine to send unsolicited advertising is liable in a civil action to the recipient, or other person who suffered damages as a result of the violation. Provides that the recipient or other person suffering damages may: (1) bring an action to enjoin such violation; (2) bring an action to recover actual damages from such a violation or to receive $1,000 in damages for each such violation, whichever is greater; and (3) in either event (1) or (2), recover court costs, attorney's fees, or any other relief the court deems proper. Provides that a criminal prosecution or conviction is not a condition of a civil action under the Statute. Effective immediately.

House Amendment No. 2
Replaces everything after the enacting clause. Reinserts the provisions of the bill. Amends the Criminal Code of 1961. Changes the definition of "facsimile machine". Adds definition of "established business relationship". Provides that nothing in the statute prohibits the use of a facsimile machine to send unsolicited advertising or fund-raising material if the sender has an established business relationship with the recipient of the facsimile transmission and the recipient is provided a toll-free number or email address to contact to be excluded from receiving facsimile transmissions by the sender. Provides that if the sender continues to send unsolicited advertising or fund-raising material to the recipient after the recipient calls the toll-free number or emails the address provided and requests not to be sent the unsolicited advertising or fund-raising material by the sender and the recipient can document such request, the provisions of the statute relating to criminal and civil penalties apply. Provides that if a business contracts with a national facsimile transmission service to send unsolicited advertising or fund-raising material, the national facsimile transmission service must prove that the sender contracted for such service in order for the sender to be liable for the criminal and civil penalties provided in the statute. Effective immediately.

Actions 
DateChamber Action
  2/13/2008HouseFiled with the Clerk by Rep. Karen May
  2/13/2008HouseFirst Reading
  2/13/2008HouseReferred to Rules Committee
  2/25/2008HouseAssigned to Judiciary I - Civil Law Committee
  3/4/2008HouseAdded Chief Co-Sponsor Rep. John A. Fritchey
  3/4/2008HouseAdded Chief Co-Sponsor Rep. Julie Hamos
  3/5/2008HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 014-000-000
  3/5/2008HousePlaced on Calendar 2nd Reading - Short Debate
  3/5/2008HouseHouse Amendment No. 1 Filed with Clerk by Rep. Karen May
  3/5/2008HouseHouse Amendment No. 1 Referred to Rules Committee
  3/11/2008HouseHouse Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000
  3/12/2008HouseAdded Chief Co-Sponsor Rep. Dennis M. Reboletti
  3/12/2008HouseAdded Chief Co-Sponsor Rep. Harry R. Ramey, Jr.
  3/13/2008HouseSecond Reading - Short Debate
  3/13/2008HouseHeld on Calendar Order of Second Reading - Short Debate
  4/1/2008HouseHouse Amendment No. 2 Filed with Clerk by Rep. Karen May
  4/1/2008HouseHouse Amendment No. 2 Referred to Rules Committee
  4/2/2008HouseHouse Amendment No. 2 Recommends Be Adopted Rules Committee; 003-000-000
  4/18/2008HouseFinal Action Deadline Extended-9(b) May 9, 2008
  5/8/2008HouseHouse Amendment No. 1 Withdrawn by Rep. Karen May
  5/8/2008HouseHouse Amendment No. 2 Adopted by Voice Vote
  5/8/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/9/2008HouseFinal Action Deadline Extended-9(b) May 23, 2008
  5/14/2008HouseRemove Chief Co-Sponsor Rep. John A. Fritchey
  5/15/2008HouseAdded Co-Sponsor Rep. Jack D. Franks
  5/15/2008HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  5/15/2008HouseAdded Co-Sponsor Rep. Lou Lang
  5/15/2008HouseAdded Co-Sponsor Rep. Naomi D. Jakobsson
  5/15/2008HouseThird Reading - Short Debate - Passed 110-001-000
  5/20/2008SenateArrive in Senate
  5/20/2008SenatePlaced on Calendar Order of First Reading
  5/20/2008SenateChief Senate Sponsor Sen. Dan Kotowski
  5/20/2008SenateFirst Reading
  5/20/2008SenateReferred to Rules
  5/20/2008SenateAdded as Alternate Chief Co-Sponsor Sen. John J. Cullerton
  1/13/2009HouseSession Sine Die

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