SB0146ham002 96TH GENERAL ASSEMBLY

Rep. Sidney H. Mathias

Filed: 5/29/2009

09600SB0146ham002 LRB096 04504 JAM 27743 a

AMENDMENT TO SENATE BILL 146

AMENDMENT NO. ______. Amend Senate Bill 146, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Election Code is amended by changing Section 9-9.5 as follows:

(10 ILCS 5/9-9.5)

Sec. 9-9.5. Disclosures in political communications.

(a) Any political committee, organized under the Election Code, that makes an expenditure for a pamphlet, circular, handbill, Internet or telephone communication, radio, television, or print advertisement, or other communication directed at voters and mentioning the name of a candidate in the next upcoming election shall ensure that the name of the political committee paying for any part of the communication, including, but not limited to, its preparation and distribution, is identified clearly within the communication as the payor. This subsection does not apply to items that are too small to contain the required disclosure. Nothing in this subsection shall require disclosure on any telephone communication using random sampling or other scientific survey methods to gauge public opinion for or against any candidate or question of public policy.

Whenever any vendor or other person provides any of the services listed in this subsection, other than any telephone communication using random sampling or other scientific survey methods to gauge public opinion for or against any candidate or question of public policy, the vendor or person shall keep and maintain records showing the name and address of the person who purchased or requested the services and the amount paid for the services. The records required by this subsection shall be kept for a period of one year after the date upon which payment was received for the services.

(b) Any political committee, organized under this Code, that makes an expenditure for a pamphlet, circular, handbill, Internet or telephone communication, radio, television, or print advertisement, or other communication directed at voters and (i) mentioning the name of a candidate in the next upcoming election, without that candidate's permission, or (ii) advocating for or against a public policy position shall ensure that the name of the political committee paying for any part of the communication, including, but not limited to, its preparation and distribution, is identified clearly within the communication. Nothing in this subsection shall require disclosure on any telephone communication using random sampling or other scientific survey methods to gauge public opinion for or against any candidate or question of public policy.

(c) A political committee organized under this Code shall not make an expenditure for any unsolicited telephone call to the line of a residential telephone customer in this State using any method to block or otherwise circumvent that customer's use of a caller identification service.

(d) Notwithstanding any other provision of this Section, a person or entity may not telephone or cause to be telephoned by any telephonic means, including but not limited to an automatic dialing-announcing device, a device using a voice over Internet protocol, or a wireless telephone, any paid, pre-recorded message that expressly advocates the nomination, election, or defeat of a clearly identified candidate for a State or local office, unless such message includes the statement: "paid for" or "sponsored by", followed by (i) the name of the sponsoring organization and the name of the chairperson or treasurer of the political or other organization sponsoring the message or (ii) the name of the individual who is responsible for the message; except that the statement need not include the words "paid for" or "sponsored by" in the case of an association's or organization's message to its members. The statement, including the identification of names required by clause (i) or (ii) of this subsection, shall be spoken in a clear voice no more than 2 seconds following the conclusion of the message.

As used in this subsection, "automatic dialing-announcing device" means any user terminal equipment that:

(1) when connected to a telephone line can dial, with or without manual assistance, telephone numbers that have been stored or programmed in the device or are produced or selected by a random or sequential number generator; or

(2) when connected to a telephone line can disseminate a recorded message to the telephone number called, either with or without manual assistance.

A first violation of this subsection is subject to a fine assessed by the State Board of Elections. A subsequent violation of this subsection is a Class A misdemeanor.

(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)

Section 99. Effective date. This Act takes effect upon becoming law.".