Rep. Karen May

Filed: 3/5/2008





09500HB4999ham001 LRB095 15233 RLC 47618 a


2     AMENDMENT NO. ______. Amend House Bill 4999 on page 1, by
3 inserting immediately below line 9, the following:
4     "(0.5) "Established business relationship" means a prior
5     or existing relationship formed by a voluntary 2-way
6     communication between a person or entity and a business or
7     residential subscriber with or without an exchange of
8     consideration, on the basis of an inquiry, application,
9     purchase, or transaction by the business or residential
10     subscriber regarding products or services offered by such
11     person or entity, which relationship has not been
12     previously terminated by either party."; and     
13 on page 2, by inserting immediately below line 24 the
14 following:
15     "(g) Nothing in this Section prohibits the use of a
16 facsimile machine to send unsolicited advertising or
17 fund-raising material if the sender has an established business



09500HB4999ham001 - 2 - LRB095 15233 RLC 47618 a

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