Rep. Karen May
Filed: 3/5/2008
 
 

 




 

 		












09500HB4999ham001

LRB095 15233 RLC 47618 a






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AMENDMENT TO HOUSE BILL 4999 




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    AMENDMENT NO. ______. Amend House Bill 4999 on page 1, by 
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inserting immediately below line 9, the following:
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    "(0.5)  "Established business relationship" means a prior 
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    or existing relationship formed by a voluntary 2-way 
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    communication between a person or entity and a business or 
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    residential subscriber with or without an exchange of 
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    consideration, on the basis of an inquiry, application, 
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    purchase, or transaction by the business or residential 
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    subscriber regarding products or services offered by such 
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    person or entity, which relationship has not been 
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    previously terminated by either party."; and     
  
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on page 2, by inserting immediately below line 24 the 
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following:
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    "(g)  Nothing in this Section prohibits the use of a 
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facsimile machine to send unsolicited advertising or 
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fund-raising material if the sender has an established business 
 


 






09500HB4999ham001
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LRB095 15233 RLC 47618 a




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relationship with the recipient of the facsimile transmission 
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and the recipient is provided a toll-free number to call to be 
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excluded from receiving facsimile transmissions by the sender.  
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However, if the sender continues to send unsolicited 
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advertising or fund-raising material to the recipient after the 
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recipient calls the toll-free number and requests not to be 
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sent the unsolicited advertising or fund-raising material by 
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the sender and the recipient can document such call, the 
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provisions of subsections (b), (c), and (d) of this Section 
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apply. If a business contracts with a national facsimile 
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transmission service to send unsolicited advertising or 
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fund-raising material, the national facsimile transmission 
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service must prove that the sender contracted for such service 
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in order for the sender to be liable for the criminal and civil 
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penalties provided in this Section.".