General Assembly Substitute Bill No. 7035
January Session, 2015 *_____HB07035JUD___033015____*
General Assembly
Substitute Bill No. 7035
January Session, 2015
*_____HB07035JUD___033015____*
AN ACT CONCERNING THE PROTECTION OF CITIZENS FROM ABUSIVE AND OPPRESSIVE AUTOMATED POLITICAL TELEPHONE CALLS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective January 1, 2016) (a) As used in this section and section 2 of this act:
(1) "Caller" means a person, corporation, firm, partnership, association or legal or commercial entity that attempts to contact, or who contacts, a subscriber in this state by using a telephone or a telephone line.
(2) "Subscriber" means a person who subscribes to telephone service from a telephone company or any other person living or residing with the subscribing person.
(3) "Political message" means any telephonic message that promotes the success of a candidate's campaign for nomination at a primary or election or the defeat of another candidate's campaign for nomination at a primary or election or promotes the success or defeat of a referendum question.
(b) The Department of Consumer Protection shall establish and maintain a "no political calls" listing of subscribers who do not wish to receive an unsolicited telephonic call conveying a political message. The department may maintain such listing in the same manner and in conjunction with the listing the department maintains pursuant to section 42-288a of the general statutes. The department shall provide notice to subscribers of the establishment of a "no political calls" listing. Any subscriber who wishes to be included on such listing shall notify the department by calling a toll-free number provided by the department, or in any other such manner and at such times as the commissioner may prescribe. A subscriber on such listing shall be deleted from such listing upon the subscriber's written request. The department shall update such listing not less than quarterly and shall make such listing available to any caller or any other person upon request.
(c) No caller may make or cause to be made any unsolicited telephonic call conveying a political message to any subscriber if the subscriber's name and telephone number or numbers appear on the then current quarterly "no political calls" listing made available by the department under subsection (b) of this section, unless the subscriber knowingly or voluntarily requested, consented to, permitted or authorized receipt of the message.
Sec. 2. (NEW) (Effective January 1, 2016) (a) The Attorney General may issue subpoenas or interrogatories requiring production of evidence or testimony concerning a violation of section 1 of this act. The Attorney General may apply to the Superior Court to enforce any subpoena or interrogatories issued pursuant to this subsection.
(b) The Attorney General may file a civil action in Superior Court to enforce the provisions of this section and to enjoin further violations of section 1 of this act. The Attorney General may recover actual damages or statutory damages of twenty-five thousand dollars, whichever is greater, for each violation of section 1 of this act. For purposes of this section, each unsolicited telephonic call conveying a political message received in violation of section 1 of this act shall constitute a separate and distinct violation.
Sec. 3. Section 9-601 of the general statutes is amended by adding subdivision (32) as follows (Effective January 1, 2016):
(NEW) (32) "Automated telephone call" means any telephone call made using automated telephone solicitation technologies, including any device that selects and dials telephone numbers and, working alone or in conjunction with other equipment, disseminates a prerecorded or synthesized voice message to the telephone number called.
Sec. 4. Subsection (b) of section 9-621 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):
(b) In addition to the requirements of subsection (a) of this section:
(1) No candidate or candidate committee or exploratory committee established by a candidate shall make or incur any expenditure for television advertising or Internet video advertising, which promotes the success of such candidate's campaign for nomination at a primary or election or the defeat of another candidate's campaign for nomination at a primary or election, unless, as a disclaimer, (A) at the end of such advertising there appears simultaneously, for a period of not less than four seconds, (i) a clearly identifiable photographic or similar image of the candidate making such expenditure, (ii) a clearly readable printed statement identifying such candidate, and indicating that such candidate has approved the advertising, and (iii) a simultaneous, personal audio message, in the following form: "I am .... (candidate's name) and I approved this message", and (B) the candidate's name and image appear in, and the candidate's voice is contained in, the narrative of the advertising, before the end of such advertising;
(2) No candidate or candidate committee or exploratory committee established by a candidate shall make or incur any expenditure for radio advertising or Internet audio advertising, which promotes the success of such candidate's campaign for nomination at a primary or election or the defeat of another candidate's campaign for nomination at a primary or election, unless, as a disclaimer, (A) the advertising ends with a personal audio statement by the candidate making such expenditure (i) identifying such candidate and the office such candidate is seeking, and (ii) indicating that such candidate has approved the advertising in the following form: "I am .... (candidate's name) and I approved this message", and (B) the candidate's name and voice are contained in the narrative of the advertising, before the end of such advertising; and
(3) No candidate or candidate committee or exploratory committee established by a candidate shall make or incur any expenditure for automated telephone calls which promote the success of such candidate's campaign for nomination at a primary or election or the defeat of another candidate's campaign for nomination at a primary or election, unless the narrative begins in the candidate's voice stating the candidate's name and [voice are contained in the narrative of the call, before the end of such] that the call is an automated telephone call.
Sec. 5. Section 9-622 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):
The following persons shall be guilty of illegal practices and shall be punished in accordance with the provisions of section 9-623:
(1) Any person who, directly or indirectly, individually or by another person, gives or offers or promises to any person any money, gift, advantage, preferment, entertainment, aid, emolument or other valuable thing for the purpose of inducing or procuring any person to sign a nominating, primary or referendum petition or to vote or refrain from voting for or against any person or for or against any measure at any election, caucus, convention, primary or referendum;
(2) Any person who, directly or indirectly, receives, accepts, requests or solicits from any person, committee, association, organization or corporation, any money, gift, advantage, preferment, aid, emolument or other valuable thing for the purpose of inducing or procuring any person to sign a nominating, primary or referendum petition or to vote or refrain from voting for or against any person or for or against any measure at any such election, caucus, primary or referendum;
(3) Any person who, in consideration of any money, gift, advantage, preferment, aid, emolument or other valuable thing paid, received, accepted or promised to the person's advantage or any other person's advantage, votes or refrains from voting for or against any person or for or against any measure at any such election, caucus, primary or referendum;
(4) Any person who solicits from any candidate any money, gift, contribution, emolument or other valuable thing for the purpose of using the same for the support, assistance, benefit or expenses of any club, company or organization, or for the purpose of defraying the cost or expenses of any political campaign, primary, referendum or election;
(5) Any person who, directly or indirectly, pays, gives, contributes or promises any money or other valuable thing to defray or towards defraying the cost or expenses of any campaign, primary, referendum or election to any person, committee, company, club, organization or association, other than to a treasurer, except that this subdivision shall not apply to any expenses for postage, telegrams, telephoning, stationery, express charges, traveling, meals, lodging or photocopying incurred by any candidate for office or for nomination to office, so far as may be permitted under the provisions of this chapter;
(6) Any person who, in order to secure or promote the person's own nomination or election as a candidate, or that of any other person, directly or indirectly, promises to appoint, or promises to secure or assist in securing the appointment, nomination or election of any other person to any public position, or to any position of honor, trust or emolument; but any person may publicly announce the person's own choice or purpose in relation to any appointment, nomination or election in which the person may be called to take part, if the person is nominated for or elected to such office;
(7) Any person who, directly or indirectly, individually or through another person, makes a payment or promise of payment to a treasurer in a name other than the person's own, and any treasurer who knowingly receives a payment or promise of payment, or enters or causes the same to be entered in the person's accounts in any other name than that of the person by whom such payment or promise of payment is made;
(8) Any person who knowingly and wilfully violates any provision of this chapter;
(9) Any person who offers or receives a cash contribution in excess of one hundred dollars to promote the success or defeat of any political party, candidate or referendum question;
(10) Any person who solicits, makes or receives a contribution that is otherwise prohibited by any provision of this chapter;
(11) Any department head or deputy department head of a state department who solicits a contribution on behalf of, or for the benefit of, any candidate for state, district or municipal office or any political party;
(12) Any municipal employee who solicits a contribution on behalf of, or for the benefit of, any candidate for state, district or municipal office, any political committee or any political party, from (A) an individual under the supervision of such employee, or (B) the spouse or a dependent child of such individual;
(13) Any person who makes an expenditure, that is not an independent expenditure, for a candidate without the knowledge of such candidate. No candidate shall be civilly or criminally liable with regard to any such expenditure;
(14) Any chief of staff of a legislative caucus who solicits a contribution on behalf of or for the benefit of any candidate for state, district or municipal office from an employee of the legislative caucus;
(15) Any chief of staff for a state-wide elected official who solicits a contribution on behalf of or for the benefit of any candidate for state, district or municipal office from a member of such official's staff; [or]
(16) Any chief of staff for the Governor or Lieutenant Governor who solicits a contribution on behalf of or for the benefit of any candidate for state, district or municipal office from a member of the staff of the Governor or Lieutenant Governor, or from any commissioner or deputy commissioner of any state agency; [.] or
(17) Any person, other than a candidate or candidate committee pursuant to subsection (b) of section 9-621, as amended by this act, who makes or incurs any expenditure for an automated telephone call that promotes the success of a candidate's campaign for nomination at a primary or election or the defeat of another candidate's campaign for nomination at a primary or election or promotes the success or defeat of a referendum question.
This act shall take effect as follows and shall amend the following sections:
Section 1 January 1, 2016 New section
Sec. 2 January 1, 2016 New section
Sec. 3 January 1, 2016 9-601
Sec. 4 January 1, 2016 9-621(b)
Sec. 5 January 1, 2016 9-622
This act shall take effect as follows and shall amend the following sections:
Section 1
January 1, 2016
New section
Sec. 2
January 1, 2016
New section
Sec. 3
January 1, 2016
9-601
Sec. 4
January 1, 2016
9-621(b)
Sec. 5
January 1, 2016
9-622
Statement of Legislative Commissioners:
In Section 1, "persons" was changed to "person" and in Sections 1 and 5, "to promote" was changed to "promotes" for consistency.
JUD Joint Favorable Subst. -LCO
JUD
Joint Favorable Subst. -LCO