92nd General Assembly
Summary of SB1309
   [ Home ]   [ Back ]   [ Legislation ]
Legislation:  
Please enter a bill number.



 Full Text  Bill Status
Senate Sponsors:
SIEBEN-O'MALLEY-OBAMA-CRONIN-PARKER, DILLARD, SYVERSON, 
   BURZYNSKI, MADIGAN,L AND NOLAND.

House Sponsors:
HOFFMAN-COWLISHAW-FOWLER-FORBY-MCGUIRE

Short description: 
TELEPHONE-SOLICITATION-TECH                                                

Synopsis of Bill as introduced:
        Amends the Telephone Solicitations Act.  Makes a technical change      
   in the limited exemption Section of the Act.                                
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          815 ILCS 413/23                                                      
          Adds reference to:                                                   
          New Act                                                              
        Deletes everything. Creates  the  No  Telemarketing  Sales  Calls      
   Statewide Registry Act. Provides that the Illinois Commerce Commission      
   shall  establish and maintain a no telemarketing sales calls statewide      
   registry which shall contain a list of customers who do  not  wish  to      
   receive  unsolicited  telemarketing  sales  call,  or  contract with a      
   private vendor to do so. Provides that a customer  who  wishes  to  be      
   included  in  the  registry  shall notify the Commission. Provides for      
   removal from the registry and updates to the registry.  Provides  that      
   no  telemarketer or seller may make an unsolicited telemarketing sales      
   call to any customer more than 30 days after the customer's  name  and      
   telephone  number  or  numbers  appear  on  the  registry.    Contains      
   provisions concerning rules, violations, penalties, and exceptions.         
        SENATE AMENDMENT NO. 2.                                                
          Adds reference to:                                                   
          30 ILCS 105/5.545 new                                                
        Deletes everything and re-inserts similar language, with the           
   following additions and changes; changes the definition of "unsolic-        
   ited telemarketing sales call" and adds other definitions; provides         
   that the Illinois Commerce Commission shall receive telephone solici-       
   tation complaints from residential subscribers who have registered          
   with the Commission to object to such calls; imposes fees for obtain-       
   ing the no telemarketing sales calls statewide registry; provides           
   that, if the Federal Communications Commission or Federal Trade             
   Commission establishes a single national database of telephone              
   numbers of subscribers who object to receiving telephone solicita-          
   tions, Illinois shall discontinue the database; provides for confi-         
   dentiality of information; provides for enrollment in the registry;         
   provides that the Commission shall work with local exchange tele-           
   communications companies to disseminate to their residential sub-           
   scribers information about the availability of and instructions             
   about how to request educational literature from the Commission,            
   that the Commission may enter into agreements with those companies          
   for the purpose of dissemination of the educational literature, and         
   that telecommunications companies shall be required to disseminate the      
   respective literature at least once per year; provides that fees and        
   fines shall be placed in the No-Call Database Fund and shall be used        
   for administration and enforcement of the Act, and amends the State         
   Finance Act to include the Fund as a special fund; and makes other          
   changes.                                                                    
        SENATE AMENDMENT NO. 3.                                                
        Excludes, from the definition of "telemarketer", certain chari-        
   table organizations that are exempt from federal income taxation and        
   are fundraising for their charitable purpose. Makes changes in the          
   definition of "unsolicited telemarketing sales call" and in provisions      
   setting forth rulemaking authority of the Illinois Commerce Commis-         
   sion.                                                                       
        HOUSE 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.                                   
          FISCAL NOTE, H-AM 2 (Illinois Commerce Commission)                   
          There would be an estimated $857,000 in program start-up costs       
          in FY 02. Annual costs for FY 03 and future years are estimated      
          at $1.1 million which are intended to be offset by the the $500      
          fee for telemarketers to purchase the registry and from penalty      
          revenues.                                                            
        HOUSE 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: SESSION SINE DIE

   Last action date: JAN-07-2003

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   2     SENATE -   3


   END OF INQUIRY 
                                                                               



 Full Text  Bill Status