Summary

Please Note: These Senate Bills are identical to a respective group of House Bills 5446 - 5459 that were referred to the Committee on Technology and Energy on February 24, 2000. Also see HB5354.

Bill: SB990
Sponsor: Sen. Michael Goschka
Committee: Technology and Energy
Referred Date: February 10, 2000
Topic: Provide Regulation for Telemarketing
     A bill to amend 1971 PA 227, entitled "An act to prescribe the rights and duties of parties to home solicitation sales," by amending the title and sections 1, 1a, and 7 (MCL 445.111, 445.111a, and 445.117), section 1 as amended by 1999 PA 18.
     This bill regulates telephone solicitation; prescribes the powers and duties of certain state agencies and officials; and provides for penalties. A good portion of this bill replaces and adds a number of definitions, in keeping with technological advancements.
     The bill also requires anyone engaging in the business of telephone solicitation be licensed by application and a $500 license application fee through the Public Service Commission (Commission). The license would expire on January 1 of each calendar year which could be renewed for $200. The fees collected would be used exclusively to fund the Commission.
     See related telemarketing Senate Bills 991-1003.

Enrolled Senate Bills 991, 993, 994, 995, 996, 997, 998, 999, 1000, 1001, 1002, and 1003 all amend 1971 PA 227, entitled "An act to prescribe the rights and duties of parties to home solicitation sales," (MCL 445.111 to 445.117) by adding sections 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19 respectively. They have all been referred to the Committee on Technology and Energy on February 10, 2000. These amendatory acts take effect if Senate Bill 990 of the 90th Legislature is enacted into law. SB 992 amends the Michigan Penal Code, see below.

Bill: SB991
Sponsor: Sen. Michael Goschka
Topic: Telemarketing - Limit Hours of Operation
This bill establishes specific times for telephone solicitors to place calls to residential telephone subscribers between the hours of 8 a.m. to 5 p.m. and 7 p.m. to 9 p.m. local time at the called party's location. This bill also prevents a telephone solicitor from using recorded messages.

Bill: SB992
Sponsor: Sen. Michael Goschka
Committee: Technology and Energy
Referred Date: February 10, 2000
Topic: Makes it a Misdemeanor for Telemarketers to Violate Hours of Operation
     A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 540e (MCL 750.540e), as amended by 1988 PA 395.
     This bill amends Sec 540e by including all telephone solicitors requesting contributions, on behalf of a person or a not-for-profit corporation, not just commercial calls. This amendatory act does not take effect unless SB990 becomes law. See related telemarketing Senate Bills 990-1003.

Bill: SB993
Sponsor: Sen. Dale Shugars
Topic: Telemarketing - Requires Certain Notices
This bill requires telephone solicitors to residential telephone subscribers to give a toll free number and name of their organization at the beginning and end of the call. The toll free number must be able to provide information concerning the solicitation call.

Bill: SB994
Sponsor: Sen. Mike Rogers
Topic: Telemarketing - Prohibit Blocking of Telephone Number
This bill would establish that telephone solicitors can not block caller ID's from identifying them. It also prohibits local exchange providers and inter exchange toll providers from providing any network element or service to telephone solicitors that would try to block caller ID.

Bill: SB995
Sponsor: Sen. Joel Gougeon
Topic: Telemarketing - Establish a Code of Conduct
This bill details what a telephone solicitor must disclose to the consumer before payment is received. They must not misrepresent any material aspect of the quality or basic characteristics of any goods or services offered, make false or misleading statements, or request or accept payment before receiving an express verifiable authorization from the consumer. The telephone solicitor can not offer consumers in Michigan any prize promotion in which the consumer has to purchase or make a payment.

Bill: SB996
Sponsor: Sen. Beverly Hammerstrom
Topic: Telemarketing - Require to Immediately Disconnect at End of Call
This bill requires the telephone solicitor to end the call if a negative response is given at any time during the call and that the phone must be hung up within ten seconds.

Bill: SB997
Sponsor: Sen. Michael Goschka
Topic: Telemarketing - Establish a Registry
This bill establishes a registry with the Public Service Commission of residential telephone subscribers who object to receiving telephone solicitations. The list will be updated monthly and will not be open to public inspection or disclosure under the Freedom of Information Act. The Commission shall forward the list to the Federal Communications Commission or any other federal agencies do not call national database, if and when a federal list is established.

Bill: SB998
Sponsor: Sen. Christopher Dingell
Topic: Telemarketing - Requires Telephone Solicitors to Use Registry
This bill requires a telephone solicitor to purchase the latest version of the do not call register for $500 before soliciting residential telephone subscribers in Michigan.

Bill: SB999
Sponsor: Sen. Raymond Murphy
Topic: Telemarketing - Provide Enrollment Procedures for Consumers
This bill requires local exchange providers to notify their residential subscribers twice a year on how to enroll on the do not call register. The local exchange providers are to provide this information on the subscriber's telephone bill and in the white pages of their telephone directory.

Bill: SB1000
Sponsor: Sen. Don Koivisto
Topic: Telemarketing - Require Certain Record Keeping
This bill requires telephone solicitors to keep accurate and detailed records of all telemarketing activities initiated in Michigan and must make them available upon request by the Commission, Attorney General, or other governmental entity with authority to enforce this act.

Bill: SB1001
Sponsor: Sen. Alma Smith
Topic: Telemarketing - Provide for Arbitration Process
This bill establishes a complaint process. Parties filing complaints are to first seek alternative means. If there is no settlement within 20 days after the complaint was filed, the Commission shall order mediation. A recommended settlement shall be made to the parties within 45 days. Both parties must then file an acceptance or rejection of the mediation settlement within 7 days after the date of the recommended settlement. If either party rejects the settlement, then the complaint shall proceed to a proceeding under Section 18 (see SB1002).

Bill: SB1002
Sponsor: Sen. Glenn Steil
Topic: Telemarketing - Increase Penalties for Violation of Act
This bill establishes a complaint procedure and penalties under the Home Solicitation Sales Act, includes fines of not less than $10,000 or more than $50,000 per day that the person is in violation, and/or revocation of the person's telephone solicitation license.

Bill: SB1003
Sponsor: Sen. Joe Young Jr.
Topic: Prohibit Certain Causes of Action
This bill prohibits a cause of action regarding a home solicitation sale unless the person has complied with the Home Solicitation Sales Act.