Adoption of this amendment will MAINTAIN a 2/3s majority vote requirement for final passage of SB255 (§§ 13, 14).
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend sec. 2, page 2, by deleting lines 31 through 33 and inserting:
“(d) The call is initiated by a state or local governmental agency, or a private entity operating under contract with and at the direction of such an agency, to provide:
(1) Information relating to public safety;
(2) Information relating to a police or fire emergency; or
(3) A warning of an impending or threatening emergency.”.
Amend sec. 2, page 2, line 37, by deleting “9 p.m.” and inserting “[9] 8 p.m.”.
Amend sec. 4, page 3, line 10, by deleting “5” and inserting “4.5”.
Amend the bill as a whole by adding a new section designated sec. 4.5, following sec. 4, to read as follows:
“Sec. 4.5. “Charitable organization” means an organization which:
1. The Secretary of the Treasury has determined is an exempt organization pursuant to the provisions of section 501(c) of the Internal Revenue Code; and
2. Holds a current certificate of organization or is currently qualified by the Secretary of State to do business in this state.”.
Amend sec. 11, page 4, line 2, after “services.” by inserting:
“The term does not include a telephone call made on behalf of a charitable organization, the primary purpose of which is to solicit a person who accepts the call to donate money, goods or services to the charitable organization.”.
Amend sec. 14, page 4, by deleting lines 17 and 18 and inserting:
“number of a subscriber unless:
(a) That telephone number is included in the current do-call registry; or
(b) The telemarketer is complying with the provisions of section 15 of this act.”.
Amend sec. 15, page 4, by deleting lines 26 through 34 and inserting:
“Sec. 15. 1. The provisions of section 14 of this act do not prohibit a telemarketer from making or causing another person to make an unsolicited telemarketing call to a telephone number of a subscriber if:
(a) There is a preexisting business relationship between the telemarketer and the subscriber; and
(b) The telemarketer complies with the provisions of this section.
2. Before a telemarketer may make or cause another person to make an unsolicited telemarketing call based on a preexisting business relationship, the telemarketer must establish and maintain an internal do-not-call registry that complies with federal and state law and regulations. The internal do-not-call registry must:
(a) Include, without limitation, a list of the telephone numbers of any subscriber who has requested that the telemarketer not make or cause another person to make an unsolicited telemarketing call to a telephone number of the subscriber; and
(b) Upon request, be provided by the telemarketer to the Attorney General.
3. In addition to the requirements set forth in subsection 2, at least once each year, the telemarketer shall provide written notice to each subscriber with whom the telemarketer has a preexisting business relationship. The written notice must:
(a) Inform the subscriber that the telemarketer is providing the notice pursuant to state law;
(b) Explain to the subscriber that the subscriber may elect to be placed on the internal do-not-call list of the telemarketer and specify the procedures for making such an election; and
(c) Explain to the subscriber that the subscriber may contact the customer service department of the telemarketer or the Attorney General to obtain further information concerning the provisions of this section and provide the current address, telephone number and electronic mail address of the customer service department of the telemarketer and the Attorney General.
4. As used in this section, “preexisting business relationship” means a relationship between a telemarketer and a subscriber that is based on:
(a) The subscriber’s purchase, rental or lease of goods or services from the telemarketer; or
(b) Any other financial transaction between the subscriber and the telemarketer,
FLUSH
that occurs within the 18
months immediately preceding the date of the telemarketing call.”.
Amend the title of the bill by deleting the eleventh and twelfth lines and inserting:
“registry; providing exceptions; requiring a provider of telephone service or local telephone directories to publicize the do-call registry; providing penalties; and”.