92nd General Assembly
Summary of SB1830
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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      
        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          
          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


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