Sen. Ira I. Silverstein
Filed: 4/27/2009
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 268
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 268 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Election Code is amended by changing | ||||||
5 | Section 9-9.5 as follows: | ||||||
6 | (10 ILCS 5/9-9.5)
| ||||||
7 | Sec. 9-9.5. Disclosures in political communications. | ||||||
8 | (a)
Any political committee, organized under the Election | ||||||
9 | Code, that
makes an expenditure for a pamphlet, circular, | ||||||
10 | handbill, Internet or telephone communication, radio, | ||||||
11 | television,
or print advertisement,
or other communication | ||||||
12 | directed at voters and
mentioning the name of a candidate in | ||||||
13 | the next upcoming election shall ensure
that the name of the | ||||||
14 | political committee paying for any part of the
communication, | ||||||
15 | including, but not limited to, its preparation and | ||||||
16 | distribution,
is
identified clearly within the communication |
| |||||||
| |||||||
1 | as the payor. This subsection does
not apply to items that are | ||||||
2 | too small to contain the required disclosure.
Nothing in this | ||||||
3 | subsection shall require disclosure on any telephone | ||||||
4 | communication using random sampling or other scientific survey | ||||||
5 | methods to gauge public opinion for or against any candidate or | ||||||
6 | question of public policy.
| ||||||
7 | Whenever any vendor or other person provides any of the | ||||||
8 | services listed in this subsection, other than any telephone | ||||||
9 | communication using random sampling or other scientific survey | ||||||
10 | methods to gauge public opinion for or against any candidate or | ||||||
11 | question of public policy, the vendor or person shall keep and | ||||||
12 | maintain records showing the name and address of the person who | ||||||
13 | purchased or requested the services and the amount paid for the | ||||||
14 | services. The records required by this subsection shall be kept | ||||||
15 | for a period of one year after the date upon which payment was | ||||||
16 | received for the services.
| ||||||
17 | (b) Any political committee, organized under this Code,
| ||||||
18 | that makes an expenditure for a pamphlet, circular, handbill,
| ||||||
19 | Internet or telephone communication, radio, television, or
| ||||||
20 | print advertisement, or other communication directed at voters
| ||||||
21 | and (i) mentioning the name of a candidate in the next upcoming
| ||||||
22 | election, without that candidate's permission, or
(ii)
| ||||||
23 | advocating for or against a public policy position shall ensure
| ||||||
24 | that the name of the political committee paying for any part of
| ||||||
25 | the communication, including, but not limited to, its
| ||||||
26 | preparation and distribution, is identified clearly within the
|
| |||||||
| |||||||
1 | communication. Nothing in this subsection shall require | ||||||
2 | disclosure on
any telephone communication using random | ||||||
3 | sampling or other
scientific survey methods to gauge public | ||||||
4 | opinion for or
against any candidate or question of public | ||||||
5 | policy. | ||||||
6 | (c) A political committee organized under this Code shall
| ||||||
7 | not make an expenditure for any unsolicited telephone call to
| ||||||
8 | the line of a residential telephone customer in this State
| ||||||
9 | using any method to block or otherwise circumvent that
| ||||||
10 | customer's use of a caller identification service.
| ||||||
11 | (d) Notwithstanding any other provision of this Section, it | ||||||
12 | is unlawful for a person or entity to telephone or cause to be | ||||||
13 | telephoned by any telephonic means, including but not limited | ||||||
14 | to an automatic dialing-announcing device, a device using a | ||||||
15 | voice over Internet protocol, or a wireless telephone, any | ||||||
16 | paid, pre-recorded message that expressly advocates the | ||||||
17 | nomination, election, or defeat of a clearly identified | ||||||
18 | candidate for a State or local office, unless such message is | ||||||
19 | preceded by the statement: "paid for" or "sponsored by", | ||||||
20 | followed by the name of the sponsoring organization. | ||||||
21 | As used in this subsection, "automatic dialing-announcing | ||||||
22 | device" means any user terminal equipment that: | ||||||
23 | (1) when connected to a telephone line can dial, with | ||||||
24 | or without manual assistance, telephone numbers that have | ||||||
25 | been stored or programmed in the device or are produced or | ||||||
26 | selected by a random or sequential number generator; or |
| |||||||
| |||||||
1 | (2) when connected to a telephone line can disseminate | ||||||
2 | a recorded message to the telephone number called, either | ||||||
3 | with or without manual assistance. | ||||||
4 | (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06; | ||||||
5 | 95-699, eff. 11-9-07.)
| ||||||
6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
|