SESSION OF
2001
SUPPLEMENTAL NOTE ON
HOUSE BILL NO. 2367
As Recommended by
House Committee on
Business, Commerce and
Labor
Brief
(1)
HB 2367 amends the Charitable
Organizations and Solicitations Act according to the
following:
- Expands the list of deceptive
practices to include the failure to provide, upon request, the
portion, expressed as a percentage, of the contribution that goes
to the fundraiser.
- Further expands the list of
deceptive practices to include sending or delivering a solicitation
that could reasonably be interpreted as a bill, invoice, or
statement of account due. The solicitation must contain, in a clear
and conspicuous manner, language to inform the receiver that the
transmittal is not a bill, invoice, or statement of account
due.
- Creates a telephone solicitations
provision (modeled after the Consumer Protection Act)
to:
- require specified disclosures
during a telemarketing solicitation, including the disclosure of
who is calling, who they are calling for, why they are calling, and
where they are calling from,
- require the solicitor to terminate
the call if a negative response is given;
- require a live operator or an
automated dialing-announcing device to answer the line within five
seconds of the call; and
- prohibit the use of professional
courier services to obtain payment.
Background
A representative from the Attorney General's
Office testified in support of the bill.
Other supportive testimony was
received from conferees from the Secretary of State's office and
the American Association of Retired Persons.
Opposition was expressed on behalf
of the Direct Marketing Association.
The fiscal note was not available
when the bill was passed.
1. *Supplemental
notes are prepared by the Legislative Research Department and do
not express legislative intent. The supplemental note and fiscal
note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi