093_HB3407ham001











                                     LRB093 10501 LCB 13825 a

 1                    AMENDMENT TO HOUSE BILL 3407

 2        AMENDMENT NO.     .  Amend House Bill 3407  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The Restricted Call Registry Act is amended
 5    by changing Sections 10, 20, 25, 30, 35, and 40 as follows:

 6        (815 ILCS 402/10)
 7        Sec. 10.  Prohibited calls.  Beginning  October  July  1,
 8    2003,  it  is  a  violation  of this Act for any no person or
 9    entity to  may  make  or  cause  to  be  made  any  telephone
10    solicitation calls to any residential subscriber more than 45
11    days  after  the person or entity obtains the Registry or any
12    update of the Registry on which the residential  subscriber's
13    telephone number or numbers first appear on the Registry.
14    (Source: P.A. 92-795, eff. 8-9-02.)

15        (815 ILCS 402/20)
16        Sec. 20.  Registry; establishment and maintenance.
17        (a)  The Illinois Commerce Commission shall establish and
18    provide  for  the  operation  of  a Restricted Call Registry,
19    which shall contain  a  list  of  the  telephone  numbers  of
20    residential  subscribers who do not wish to receive telephone
21    solicitation  calls.  The  national  "do-not-call"   registry
 
                            -2-      LRB093 10501 LCB 13825 a
 1    established  and  maintained by the Federal Trade Commission,
 2    pursuant to 16 C.F.R. 310.4 (b)(1)(iii)(B),  shall  serve  as
 3    the  Registry  provided  by  this Act.  The Illinois Commerce
 4    Commission may contract with a private  vendor  to  establish
 5    and maintain the Registry if the contract requires the vendor
 6    to provide
 7        (b)  Residential  subscribers  may  cause their telephone
 8    number or numbers to appear on the Registry in a printed hard
 9    copy format, in an electronic format, and in any manner other
10    format prescribed by the Illinois Commerce Commission.
11        (c)  Any   person   or   entity   conducting    telephone
12    solicitation  calls  as  defined  by Section 5(e) of this Act
13    within the State of Illinois shall  purchase  the  Restricted
14    Call  Registry  and  updates  no less frequently than every 3
15    months exclusively from the Federal Trade  Illinois  Commerce
16    Commission.  Failure  to  do so prior to conducting telephone
17    solicitation calls is a violation subject  to  the  penalties
18    provided for in Section 35 of this Act.
19        (d)(b)  No  later  than  January  1,  2003,  The Illinois
20    Commerce Commission may shall  adopt  rules  consistent  with
21    this   Act   that  the  Illinois  Commerce  Commission  deems
22    necessary and appropriate to fully implement  this  Act.  The
23    rules  shall  include,  at  a  minimum,  methods by which any
24    person or entity  desiring  to  make  telephone  solicitation
25    calls  may obtain access to the Registry to avoid calling the
26    telephone numbers of residential subscribers included in  the
27    Registry.
28        (c)  The fee for obtaining the Registry and updates shall
29    be  set  forth  in  rules  adopted  by  the Illinois Commerce
30    Commission. The fee may not exceed $1,000  annually  and  may
31    not  exceed  the  costs  incurred  by  the  Commission in the
32    preparation, maintenance, production, and distribution of the
33    Registry. All copies requested in a printed hard copy  format
34    shall  be  assessed  a per page fee to be determined by rules
 
                            -3-      LRB093 10501 LCB 13825 a
 1    adopted by the Illinois Commerce Commission.
 2        (d)  The Illinois Commerce Commission  shall  update  the
 3    Registry  and make information in the Registry available on a
 4    quarterly basis in an electronic format that can be sorted by
 5    individual fields and, if deemed appropriate by the  Illinois
 6    Commerce Commission, in one or more other formats.
 7        (e)  If  the Federal Communications Commission or Federal
 8    Trade Commission establishes a single  national  database  of
 9    telephone  numbers  of  subscribers  who  object to receiving
10    telephone solicitations, which restricts both inter-state and
11    intra-state calls and  at  a  minimum  covers  all  telephone
12    solicitations   covered   by   this  Act,  this  State  shall
13    discontinue the Registry.
14        (e)(f)  Information pertaining to residential subscribers
15    Information in the Registry  is  confidential  and  shall  be
16    afforded  reasonable  privacy  protection except as necessary
17    for compliance with Sections 10 and 25 and this Section or in
18    a  proceeding  or  action  under  Section  35  or   40.   The
19    information  is  not  a  public  record  under the Freedom of
20    Information Act.
21        (g)  The Illinois Commerce Commission shall  periodically
22    obtain  subscription  listings  of residential subscribers in
23    this State who have arranged to be included in  any  national
24    do-not-call list and add those names to the Registry.
25        (f)(h)  A  person  or  entity  that  obtains the Registry
26    shall not use the Registry for  any  purpose  other  than  to
27    comply  with  this  Act. These unlawful purposes include, but
28    are not limited to, causing a subscriber  to  participate  in
29    and  be  included  in  the  Registry without the subscriber's
30    knowledge or consent, selling or leasing the  Registry  to  a
31    person  other  than a telephone solicitor, selling or leasing
32    by a telephone solicitor of the  Registry,  and  a  telephone
33    solicitor,   either  directly  or  indirectly,  persuading  a
34    subscriber  with  whom  it  has   an   established   business
 
                            -4-      LRB093 10501 LCB 13825 a
 1    relationship  to  place  his  or  her telephone number in the
 2    Registry, if the solicitation has the  effect  of  preventing
 3    competitors from contacting that solicitor's customers.
 4        (g)(i)  No   person   or   entity   that  sells,  leases,
 5    exchanges, or rents telephone solicitation lists, except  for
 6    directory   assistance  and  telephone  directories  sold  by
 7    telephone companies or their  affiliates,  shall  include  in
 8    those  lists  those  telephone  numbers  that  appear  in the
 9    current Registry.
10    (Source: P.A. 92-795, eff. 8-9-02.)

11        (815 ILCS 402/25)
12        Sec.   25.  Notice   of   establishment   of    Registry.
13    Enrollment.   (a)  The  Illinois  Commerce  Commission  shall
14    provide    notice   to   residential   subscribers   of   the
15    establishment of the Registry.
16        (b)  The Illinois Commerce Commission shall establish any
17    method deemed appropriate for  a  residential  subscriber  to
18    notify  the Illinois Commerce Commission that the residential
19    subscriber wishes to have its telephone number included in or
20    remain on the Registry.
21        (c)  The Commission may, by  rule,  set  an  initial  fee
22    which  shall  not  exceed  $5  per residential subscriber for
23    inclusion on the Restricted Call Registry.    The  Commission
24    shall  review the revenues and expenditures of the Restricted
25    Call Registry on a biennial basis and shall, by rule,  reduce
26    the  fee  accordingly  if  revenues  exceed expenditures. The
27    Commission may  adopt  rules  and  procedures  governing  the
28    acceptance  of payment by credit card and may enter into such
29    agreements as necessary to accept payment by credit card.
30        (d)  A residential subscriber's telephone number shall be
31    deleted from the Registry upon the  residential  subscriber's
32    written request.
33        (e)  Enrollment  in  the  Registry  is effective from the
 
                            -5-      LRB093 10501 LCB 13825 a
 1    start of the quarter following the date of enrollment  for  a
 2    term   of   5  years  or  until  the  residential  subscriber
 3    disconnects or changes his or her  telephone  number,  unless
 4    the  subscriber  complies with the notice provision contained
 5    in this Section, whichever  occurs  first.   The  residential
 6    subscriber  shall be permitted to extend their enrollment for
 7    additional 5 year periods and shall not be subject to any fee
 8    for  this   extension.    The   residential   subscriber   is
 9    responsible for notifying the Illinois Commerce Commission of
10    any  changes  in  his  or  her telephone number. The Illinois
11    Commerce Commission shall use  its  best  efforts  to  notify
12    enrolled residential subscribers before the end of the 5-year
13    enrollment  term  of  the  option to extend their enrollment.
14    Residential subscribers who do not indicate their  desire  to
15    extend  their  enrollment  before  the end of the 5-year term
16    shall be given  a  one  quarter  grace  period  before  being
17    removed from the Registry.
18    (Source: P.A. 92-795, eff. 8-9-02.)

19        (815 ILCS 402/30)
20        Sec.  30.  Public  notification.  The  Illinois  Commerce
21    Commission  shall work with local exchange telecommunications
22    companies  to   notify   disseminate   to   their   customers
23    information  about  the  availability of and instructions for
24    requesting  information  educational  literature   from   the
25    Illinois   Commerce   Commission.   The   Illinois   Commerce
26    Commission may enter into agreements with those companies for
27    the   dissemination  of  the  educational  literature.  Local
28    exchange  telecommunications  companies  shall  provide  this
29    notice disseminate the educational literature at  least  once
30    per  year  in  a  message  contained  in customers' bills and
31    include or  a  notice  in  the  information  section  of  all
32    telephone  directories  distributed  to  customers  and shall
33    include on their website a link to the ICC's web page for the
 
                            -6-      LRB093 10501 LCB 13825 a
 1    Registry. The Illinois Commerce Commission shall include,  on
 2    its  Internet  web  site,  information to customers regarding
 3    their right to be included in the Registry  and  the  various
 4    methods,   including   notice   to   the   Illinois  Commerce
 5    Commission, of being included in the Registry.  The  Illinois
 6    Commerce  Commission  shall  develop  language  to be used by
 7    local exchange telecommunications  carriers  and  shall  make
 8    information  available  on  its  web  site  shall  have  this
 9    literature developed for dissemination to the public no later
10    than July March 1, 2003.
11    (Source: P.A. 92-795, eff. 8-9-02.)

12        (815 ILCS 402/35)
13        Sec. 35.  Violation; relief.
14        (a)  The   Illinois   Commerce  Commission  may  initiate
15    administrative proceedings in accordance with  rules  adopted
16    under this Act relating to a knowing and willful violation of
17    Section 10.
18        (b)  If  it  is  determined after a hearing that a person
19    has knowingly and willfully violated one or  more  provisions
20    of  this Section, the Illinois Commerce Commission may assess
21    a fine not to exceed $1,000 for the first violation  and  not
22    to  exceed  $2,500 for a second or subsequent violation. Each
23    individual violation of Section 10 of this  Act  shall  be  a
24    separate   and  distinct  offense  under  this  Section.   In
25    imposing a penalty under this Section, the Commission  shall,
26    at a minimum, consider the following factors:
27             (1)  whether the offense was knowing or willful;
28             (2)  whether the entity committing the offense has a
29        prior history of non-compliance with this Act;
30             (3)  the   offender's  relative  ability  to  pay  a
31        penalty;
32             (4)  whether the offender has or has not  cooperated
33        with the Commission in pursuing the investigation; and
 
                            -7-      LRB093 10501 LCB 13825 a
 1             (5)  such  other  special, mitigating or aggravating
 2        circumstances as the Commission may find to exist.
 3        (c)  Any  proceeding  conducted  under  this  Section  is
 4    subject to the Illinois Administrative Procedure Act.
 5        (d)  Nothing in this Section may be construed to restrict
 6    any right that any person may have under any other law or  at
 7    common law.
 8        (e)  No  action  or  proceeding may be brought under this
 9    Section:
10             (1)  more than one year after  the  person  bringing
11        the action knew or should have known of the occurrence of
12        the alleged violation; or
13             (2)  more than one year after the termination of any
14        proceeding or action arising out of the same violation or
15        violations by the State of Illinois, whichever is later.
16        (f)  The remedies, duties, prohibitions, and penalties in
17    this  Act  are not exclusive and are in addition to all other
18    causes of action, remedies, and penalties provided by law.
19        (g)  There is created in the  State  Treasury  a  special
20    fund  to  be  known as the Restricted Call Registry Fund. All
21    fees  and  fines  collected   in   the   administration   and
22    enforcement  of  this  Act  shall be deposited into the Fund.
23    Moneys in the Fund shall, subject to appropriation,  be  used
24    by  the  Illinois  Commerce  Commission  for  implementation,
25    administration, and enforcement of this Act.
26    (Source: P.A. 92-795, eff. 8-9-02.)

27        (815 ILCS 402/40)
28        Sec. 40.  Exemption.
29        (a)  A  person  or  entity  may  not  be  held liable for
30    violating this Act if:
31             (1)  the person or entity has obtained copies of the
32        Registry and updates in compliance  with  this  Act  each
33        updated  Registry  from  the Illinois Commerce Commission
 
                            -8-      LRB093 10501 LCB 13825 a
 1        and has established and implemented written policies  and
 2        procedures related to the requirements of this Act;
 3             (2)  the  person or entity has trained its personnel
 4        in the requirements of this Act;
 5             (3)  the  person   or   entity   maintains   records
 6        demonstrating compliance with subdivisions (1) and (2) of
 7        this Section and the requirements of this Act; and
 8             (4)  any  subsequent  telephone  solicitation is the
 9        result of unintentional error.
10        (b)  A person or entity that has entered into a  contract
11    with another person or entity to make telephone solicitations
12    on  its  behalf  is not liable for a violation of this Act by
13    the person or entity making telephone solicitations under the
14    contract  if  the  person  or  entity  on  whose  behalf  the
15    telephone  solicitations  were  made  has  provided   written
16    notification   to  the  person  or  entity  making  telephone
17    solicitations under the contract  that  it  is  necessary  to
18    comply  with the provisions of this Act when making telephone
19    solicitations.
20    (Source: P.A. 92-795, eff. 8-9-02.)

21        Section 99.  Effective date.  This Act takes effect  upon
22    becoming law.".