Full Text of HB0268 96th General Assembly
HB0268sam001 96TH GENERAL ASSEMBLY
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Sen. Ira I. Silverstein
Filed: 4/27/2009
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| AMENDMENT TO HOUSE BILL 268
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| AMENDMENT NO. ______. Amend House Bill 268 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Election Code is amended by changing | 5 |
| Section 9-9.5 as follows: | 6 |
| (10 ILCS 5/9-9.5)
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| 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 |
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| 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.
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| 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.
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| (b) Any political committee, organized under this Code,
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| that makes an expenditure for a pamphlet, circular, handbill,
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| Internet or telephone communication, radio, television, or
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| print advertisement, or other communication directed at voters
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| and (i) mentioning the name of a candidate in the next upcoming
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| election, without that candidate's permission, or
(ii)
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| advocating for or against a public policy position shall ensure
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| that the name of the political committee paying for any part of
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| the communication, including, but not limited to, its
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| preparation and distribution, is identified clearly within the
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| 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
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| not make an expenditure for any unsolicited telephone call to
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| the line of a residential telephone customer in this State
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| using any method to block or otherwise circumvent that
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| customer's use of a caller identification service.
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| (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 |
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| (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.)
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| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.".
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