Illinois General Assembly - Full Text of SB0146
Illinois General Assembly

Previous General Assemblies

Full Text of SB0146  96th General Assembly

SB0146 96TH GENERAL ASSEMBLY


 


 
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0146

 

Introduced 1/30/2009, by Sen. Ira I. Silverstein

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/9-9.5

    Amends the Election Code. Makes it a Class C misdemeanor to telephone or cause to be telephoned any paid message that expressly advocates the nomination, election, or defeat of a clearly identified State or local candidate without a specified disclosure of the message's sponsoring entity or responsible individual. Effective immediately.


LRB096 04504 JAM 14558 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0146 LRB096 04504 JAM 14558 b

1     AN ACT concerning elections.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Election Code is amended by changing Section
5 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
17 as the payor. This subsection does not apply to items that are
18 too small to contain the required disclosure. Nothing in this
19 subsection shall require disclosure on any telephone
20 communication using random sampling or other scientific survey
21 methods to gauge public opinion for or against any candidate or
22 question of public policy.
23     Whenever any vendor or other person provides any of the

 

 

SB0146 - 2 - LRB096 04504 JAM 14558 b

1 services listed in this subsection, other than any telephone
2 communication using random sampling or other scientific survey
3 methods to gauge public opinion for or against any candidate or
4 question of public policy, the vendor or person shall keep and
5 maintain records showing the name and address of the person who
6 purchased or requested the services and the amount paid for the
7 services. The records required by this subsection shall be kept
8 for a period of one year after the date upon which payment was
9 received for the services.
10     (b) Any political committee, organized under this Code,
11 that makes an expenditure for a pamphlet, circular, handbill,
12 Internet or telephone communication, radio, television, or
13 print advertisement, or other communication directed at voters
14 and (i) mentioning the name of a candidate in the next upcoming
15 election, without that candidate's permission, or (ii)
16 advocating for or against a public policy position shall ensure
17 that the name of the political committee paying for any part of
18 the communication, including, but not limited to, its
19 preparation and distribution, is identified clearly within the
20 communication. Nothing in this subsection shall require
21 disclosure on any telephone communication using random
22 sampling or other scientific survey methods to gauge public
23 opinion for or against any candidate or question of public
24 policy.
25     (c) A political committee organized under this Code shall
26 not make an expenditure for any unsolicited telephone call to

 

 

SB0146 - 3 - LRB096 04504 JAM 14558 b

1 the line of a residential telephone customer in this State
2 using any method to block or otherwise circumvent that
3 customer's use of a caller identification service.
4     (d) Notwithstanding any other provision of this Section, it
5 is unlawful for a person or entity to telephone or cause to be
6 telephoned by any telephonic means, including but not limited
7 to an automatic dialing-announcing device, a device using a
8 voice over Internet protocol, or a wireless telephone, any paid
9 matter that expressly advocates the nomination, election, or
10 defeat of a clearly identified candidate for a State or local
11 office, unless such matter is preceded by the statement: "paid
12 for" or "sponsored by", followed by (i) the name of the
13 sponsoring organization and the name of the chairperson or
14 treasurer of the political or other organization sponsoring the
15 matter or (ii) the name of the individual who is responsible
16 for the matter. Violation of this subsection is a Class C
17 misdemeanor.
18     As used in this subsection, "automatic dialing-announcing
19 device" means any user terminal equipment that:
20         (1) when connected to a telephone line can dial, with
21     or without manual assistance, telephone numbers that have
22     been stored or programmed in the device or are produced or
23     selected by a random or sequential number generator; or
24         (2) when connected to a telephone line can disseminate
25     a recorded message to the telephone number called, either
26     with or without manual assistance.

 

 

SB0146 - 4 - LRB096 04504 JAM 14558 b

1 (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06;
2 95-699, eff. 11-9-07.)
 
3     Section 99. Effective date. This Act takes effect upon
4 becoming law.