Introduced Version




HOUSE BILL No. 1553

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 24-4.7.

Synopsis: Political telephone calls. Provides that certain information must be disclosed to an individual called during a telephone call for a political communication. Defines "political communication" as a telephone call that expressly advocates the election or defeat of a clearly identified candidate. Provides that a telephone call for a political communication may not be made on the day of a primary, general, or special election or within five (5) days immediately preceding a primary, general, or special election. Provides that a telephone call for a political communication may not be made to a telephone number on the "do not call" list. Provides that these restrictions do not apply to a call made by a: (1) labor organization or other membership organization to the members of the labor or membership organization; or (2) corporation to the officers, shareholders, or employees of the corporation.

Effective: July 1, 2011.



Grubb, Steuerwald


    January 20, 2011, read first time and referred to Committee on Elections and Apportionment.




Introduced

First Regular Session 117th General Assembly (2011)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1553


    A BILL FOR AN ACT to amend the Indiana Code concerning elections.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 24-4.7-1-1; (11)IN1553.1.1. -->     SECTION 1. IC 24-4.7-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. This article does not apply to any of the following:
        (1) A telephone call made in response to an express request of the person called.
        (2) A telephone call made primarily in connection with an existing debt or contract for which payment or performance has not been completed at the time of the call.
        (3) A telephone call made on behalf of a charitable organization that is exempt from federal income taxation under Section 501 of the Internal Revenue Code, but only if all of the following apply:
            (A) The telephone call is made by a volunteer or an employee of the charitable organization.
            (B) The telephone solicitor who makes the telephone call immediately discloses all of the following information upon making contact with the consumer:
                (i) The solicitor's true first and last name.
                (ii) The name, address, and telephone number of the charitable organization.
        (4) A telephone call made by an individual licensed under IC 25-34.1 if:
            (A) the sale of goods or services is not completed; and
            (B) the payment or authorization of payment is not required;
        until after a face to face sales presentation by the seller.
        (5) A telephone call made by an individual licensed under IC 27-1-15.6 or IC 27-1-15.8 when the individual is soliciting an application for insurance or negotiating a policy of insurance on behalf of an insurer (as defined in IC 27-1-2-3).
        (6) A telephone call soliciting the sale of a newspaper of general circulation, but only if the telephone call is made by a volunteer or an employee of the newspaper.
         (7) A political communication by a:
            (A) labor organization or other membership organization to the members of the labor or membership organization; or
            (B) corporation to the officers, shareholders, or employees of the corporation.
SOURCE: IC 24-4.7-2-2; (11)IN1553.1.2. -->     SECTION 2. IC 24-4.7-2-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. "Consumer" means a residential telephone subscriber who is an actual or a prospective:
        (1) purchaser, lessee, or recipient of consumer goods or services; or
        (2) donor to a charitable organization; or
         (3) recipient of a political communication.
SOURCE: IC 24-4.7-2-7.5; (11)IN1553.1.3. -->     SECTION 3. IC 24-4.7-2-7.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7.5. As used in this chapter, "political communication" refers to a telephone call that expressly advocates the election or defeat of a clearly identified candidate. For purposes of this section, a candidate is clearly identified if either of the following applies:
        (1) The name of the candidate is used.
        (2) The identity of the candidate is apparent by unambiguous reference.
SOURCE: IC 24-4.7-2-9; (11)IN1553.1.4. -->     SECTION 4. IC 24-4.7-2-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 9. "Telephone sales call" means a telephone call made to a consumer for any of the following purposes:
        (1) Solicitation of a sale of consumer goods or services.
        (2) Solicitation of a charitable contribution.
        (3) Obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes.
         (4) A political communication.
The term includes a call made by use of automated dialing or recorded message devices.
SOURCE: IC 24-4.7-4-2; (11)IN1553.1.5. -->     SECTION 5. IC 24-4.7-4-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. A telephone solicitor who makes a telephone sales call to a telephone number shall immediately disclose the following information upon making contact with the consumer:
        (1) The solicitor's true first and last name.
        (2) Whichever of the following is applicable:
            (A) The name of the business on whose behalf the telephone solicitor is soliciting.
             (B) If the call is for a political communication, the following information:
                (i) The name of the caller.
                (ii) The identity of the person who paid for or authorized the call.
                (iii) The telephone number and address of the person who paid for or authorized the call.
SOURCE: IC 24-4.7-4-7; (11)IN1553.1.6. -->     SECTION 6. IC 24-4.7-4-7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7. A political communication may not be made on the day of a primary, general, or special election or within five (5) days immediately preceding a primary, general, or special election.