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