Bill Text: IL SB1572 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Automatic Telephone Dialers Act and the Restricted Call Registry Act. Provides that the Automatic Telephone Dialers Act applies to electioneering autodialer telephone calls but does not apply to other telephone calls made by an autodialer and placed on behalf of a political organization. Prohibits electioneering autodialer telephone calls to telephone service subscribers who have registered their telephone number or numbers on the Restricted Call ("Do Not Call") Registry. Defines "electioneering autodialer telephone call" to mean any voice communication over a telephone line, through the use of an autodialer or autodialer system, that refers to a clearly identified political candidate, political party, or question of public policy and is an appeal to vote for or against a clearly identified candidate, political party, or question of public policy. Effective immediately.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB1572 Detail]

Download: Illinois-2011-SB1572-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB1572 Introduced 2/9/2011, by Sen. Matt Murphy SYNOPSIS AS INTRODUCED:
815 ILCS 305/20 from Ch. 134, par. 120
815 ILCS 402/5
815 ILCS 402/10
Amends the Automatic Telephone Dialers Act and the Restricted Call Registry Act. Provides that the Automatic Telephone Dialers Act applies to electioneering autodialer telephone calls but does not apply to other telephone calls made by an autodialer and placed on behalf of a political organization. Prohibits electioneering autodialer telephone calls to telephone service subscribers who have registered their telephone number or numbers on the Restricted Call ("Do Not Call") Registry. Defines "electioneering autodialer telephone call" to mean any voice communication over a telephone line, through the use of an autodialer or autodialer system, that refers to a clearly identified political candidate, political party, or question of public policy and is an appeal to vote for or against a clearly identified candidate, political party, or question of public policy. Effective immediately.
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A BILL FOR
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AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Automatic Telephone Dialers Act is amended
by changing Section 20 as follows:
(815 ILCS 305/20) (from Ch. 134, par. 120)
Sec. 20. Exemptions.
(a) Except as provided in subsection (b), the provisions of
this Act shall not apply to the following types of telephone
calls made by an autodialer:
(1) calls made in response to an express request of the
person called;
(2) calls made to any person with whom the telephone
solicitor has a prior or existing business relationship;
(3) a telephone call placed on behalf of any political,
charitable, public opinion polling, research survey, or
radio or television broadcast rating organization.
(a-5) The provisions of this Act apply to electioneering
autodialer telephone calls as defined in Section 5 of the
Restricted Call Registry Act but do not apply to other
telephone calls made by an autodialer and placed on behalf of a
political organization.
(b) Notwithstanding the provisions of subsection (a) or

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(a-5), all calls made by an autodialer must be made in
compliance with the requirements of subsection (d) of Section
15.
(Source: P.A. 91-182, eff. 1-1-00.)
Section 10. The Restricted Call Registry Act is amended by
changing Sections 5 and 10 as follows:
(815 ILCS 402/5)
Sec. 5. Definitions. As used in this Act:
(a) "Residential subscriber" means a person or spouse who
has subscribed to either residential telephone service from a
local exchange company or public mobile services, as defined by
Section 13-214 of the Public Utilities Act, a guardian of the
person or the person's spouse, or an individual who has power
of attorney from or an authorized agent of the person or the
person's spouse.
(b) "Established business relationship" means the
existence of an oral or written transaction, agreement,
contract, or other legal state of affairs involving a person or
entity and an existing customer under which both parties have a
course of conduct or established pattern of activity for
commercial or mercantile purposes and for the benefit or profit
of both parties. A pattern of activity does not necessarily
mean multiple previous contacts. The established business
relationship must exist between the existing customer and the

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person or entity directly, and does not extend to any related
business entity or other business organization of the person or
entity or related to the person or entity or the person or
entity's agent including but not limited to a parent
corporation, subsidiary partnership, company or other
corporation or affiliate.
(c) "Existing customer" means an individual who has either:
(1) entered into a transaction, agreement, contract,
or other legal state of affairs between a person or entity
and a residential subscriber under which the payment or
exchange of consideration for any goods or services has
taken place within the preceding 18 months or has been
arranged to take place at a future time; or
(2) opened or maintained a debit account, credit card
account, or other credit or discount program offered by or
in conjunction with the person or entity and has not
requested the person or entity to close such account or
terminate such program.
(d) "Registry" means the Restricted Call Registry
established under this Act.
(e) "Telephone solicitation" means any voice communication
over a telephone line from a live operator, through the use of
an autodialer or autodialer system, as defined in Section 5 of
the Automatic Telephone Dialers Act, or by other means for the
purpose of encouraging the purchase or rental of, or investment
in, property, goods, or services, or for the purposes of

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soliciting charitable contributions but does not include
communications:
(1) to any residential subscriber with that
subscriber's prior express invitation or permission when a
voluntary 2-way communication between a person or entity
and a residential subscriber has occurred with or without
an exchange of consideration. A telephone solicitation is
presumed not to be made at the express request of a
subscriber if one of the following occurs, as applicable:
(A) The telephone solicitation is made 30 business
days after the last date on which the subscriber
contacted a business with the purpose of inquiring
about the potential purchase of goods or services.
(B) The telephone solicitation is made 30 business
days after the last date on which the subscriber
consented to be contacted.
(C) The telephone solicitation is made 30 business
days after a product or service becomes available where
the subscriber has made a request to the business for
that product or service that is not then available, and
requests a call when the product or service becomes
available;
(2) by or on behalf of any person or entity with whom a
residential subscriber has an established business
relationship which has not been terminated in writing by
either party and which is related to the nature of the

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established business relationship;
(3) by or on behalf of any person or entity with whom a
residential subscriber is an existing customer, unless the
customer has stated to the person or entity or the person
or entity's agent that he or she no longer wishes to
receive the telemarketing sales calls of the person or
entity, or unless the nature of the call is unrelated to
the established business relationship with the existing
customer;
(4) by or on behalf of an organization that is exempt
from federal income taxation under Section 501(c) of the
Internal Revenue Code, but only if the person making the
telephone solicitation immediately discloses all of the
following information upon making contact with the
consumer:
(A) the caller's true first and last name; and
(B) the name, address, and telephone number of the
organization;
(5) by or on behalf of an individual licensed under the
Real Estate License Act of 2000 or as an insurance producer
under the Illinois Insurance Code who either:
(A) is setting or attempting to set a face to face
appointment for actions relating to that individual's
real estate or insurance business; or
(B) is encouraging or attempting to encourage the
purchase or rental of, or investment in, property,

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goods, or services, which cannot be completed, and for
which payment or authorization of payment is not
required, until after a written or electronic
agreement is signed by the residential subscriber; or
(6) until July 1, 2005, by or on behalf of any entity
over which the Federal Communications Commission or the
Illinois Commerce Commission has regulatory authority to
the extent that, subject to that authority, the entity is
required to maintain a license, permit, or certificate to
sell or provide telecommunications service, as defined in
Section 13-203 of the Public Utilities Act, while the
entity is engaged in telephone solicitation for
inter-exchange telecommunications service, as defined in
Section 13-205 of the Public Utilities Act, or local
exchange telecommunications service, as defined in Section
13-204 of the Public Utilities Act or to the extent,
subject to the regulatory authority of the Federal
Communications Commission, the entity is defined by Title
47 Section 522(5) of the United States Code, or providers
of information services as defined by Title 47 Section
153(20) of the United States Code.
(f) "Electioneering autodialer telephone call" means any
voice communication over a telephone line, through the use of
an autodialer or autodialer system as defined in Section 5 of
the Automatic Telephone Dialers Act, that:
(1) refers to (i) a clearly identified candidate or

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candidates who will appear on the ballot for nomination for
election, election, or retention, (ii) a clearly
identified political party, or (iii) a clearly identified
question of public policy that will appear on the ballot;
(2) is targeted to the relevant electorate; and
(3) is susceptible to no reasonable interpretation
other than as an appeal to vote for or against a clearly
identified candidate for nomination for election,
election, or retention, a political party, or a question of
public policy.
(Source: P.A. 92-795, eff. 8-9-02.)
(815 ILCS 402/10)
Sec. 10. Prohibited calls.
(a) Beginning October 1, 2003, it is a violation of this
Act for any person or entity to make or cause to be made any
telephone solicitation calls to any residential subscriber
more than 45 days after the person or entity obtains the
Registry or any update of the Registry on which the residential
subscriber's telephone number or numbers first appear.
(b) On and after the effective date of this amendatory Act
of the 97th General Assembly, it is a violation of this Act for
any person or entity to make or cause to be made any
electioneering autodialer telephone calls to any residential
subscriber more than 45 days after the person or entity obtains
the Registry or any update of the Registry on which the

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residential subscriber's telephone number or numbers first
appear.
(Source: P.A. 92-795, eff. 8-9-02; 93-49, eff. 6-30-03.)
Section 99. Effective date. This Act takes effect upon
becoming law.