Senate Sponsors: SIEBEN-OBAMA-SILVERSTEIN-BOMKE-GEO-KARIS, WATSON, BOWLES, MOLARO, CULLERTON, HENDON, SMITH, HALVORSON, RONEN, SHADID, PARKER AND VIVERITO. House Sponsors: HOFFMAN-BLACK-FRANKS-GARRETT-FORBY Short description: RESTRICTED CALL REGISTRY ACT Synopsis of Bill as introduced: Creates the Restricted Call Registry Act. Provides that the Illinois Commerce Commission shall establish and provide for the operation of a Restricted Call Registry, containing 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. SENATE AMENDMENT NO. 1. Deletes everything after the enacting clause. Reinsert the text from the original bill with the following changes. Exempts calls made by individuals licensed under the Real Estate License Act of 2000 or licensed as insurance producers under the Illinois Insurance Code (instead of small businesses) from the definition of "telephone solicitation". Removes the requirement that persons making calls exempted from the definition of "telephone solicitation" must ask the residential subscriber if he or she no longer wishes to receive telephone solicitation calls from the person or entity. Changes the amount of the fines for violation of the Act. Removes liability for those persons or entities who enter into a contract to have another person or entity make telephone solicitations on its behalf if the person or entity on whose behalf the telephone solicitation were made provides notification that it is necessary to comply with the provisions of the Act to the person or entity with whom it is contracting. Effective immediately. SENATE AMENDMENT NO. 2. Deletes everything and re-inserts similar language, except: makes changes in provisions under which this State shall discontinue the Restricted Call Registry if the Federal Communications Commission or Federal Trade Commission establishes a single national database of telephone numbers of subscribers who object to receiving telephone solicitations; makes numerous additions to language regarding enrollment in the Registry; replaces a reference to "written arrange- ment" with "written transaction"; replaces a reference to "revolving credit" with "credit"; replaces a reference to Section 501 of the Internal Revenue Code with Section 501(c) of the Internal Revenue Code; replaces a reference to a real estate or insurance small bus- iness with a real estate or insurance business; and makes numerous other changes. HOUSE AMENDMENT NO. 1. Exempts entities subject to the regulatory authority of the Federal Communications Commission and providers of information services as defined under federal law from the requirements of the Act. FISCAL NOTE, H-AM 1 (Illinois Commerce Commission) To fully staff program start-up ICC will need to hire 9 new staff 3-6 months prior to the implementation date (January 1, 2003); costs for start-up in FY03 are estimated at $527,080. To handle the initial influx of consumer participation in the program and to ramp up to a total of 11 staff, ICC estimates FY 04 costs to be $1.3 million. In FY 05 and beyond, ICC estimates an annualized cost of $1 million with a total of 11 staff. The funding provided for in the bill through both consumer fees of up to $5 and telemarketer fees of up to $1,000 will likely cover the agency's costs. Last action on Bill: PUBLIC ACT.............................. 92-0795 Last action date: AUG-09-2002 Location: Senate Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 2 END OF INQUIRY Full Text Bill Status