PRINTER'S NO. 353
No. 332 Session of 2005
INTRODUCED BY T. STEVENSON, ARMSTRONG, BALDWIN, CALTAGIRONE,
CAPPELLI, CRAHALLA, DALLY, DeLUCA, FICHTER, FRANKEL, FREEMAN,
GEIST, GERGELY, GOODMAN, GRUCELA, HENNESSEY, HERSHEY,
M. KELLER, KILLION, LEACH, LEDERER, LEVDANSKY, MARKOSEK,
MARSICO, McNAUGHTON, R. MILLER, MUNDY, MUSTIO, NAILOR,
O'NEILL, READSHAW, REED, REICHLEY, RUBLEY, SAYLOR,
E. Z. TAYLOR, TIGUE, WALKO, WATSON, WILT, YOUNGBLOOD AND
BOYD, FEBRUARY 8, 2005
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, FEBRUARY 8, 2005
AN ACT
1 Amending the act of December 4, 1996 (P.L.911, No.147), entitled
2 "An act providing for registration requirements for
3 telemarketers and for powers and duties of the Office of
4 Attorney General," further providing for definitions and for
5 unlawful acts and penalties.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 2 of the act of December 4, 1996
9 (P.L.911, No.147), known as the Telemarketer Registration Act,
10 is amended by adding a definition to read:
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Advocacy push poll." A paid telephone survey or
16 telemarketing calling campaign conducted by a telemarketer that
1 attempts to sway public policy interests by referencing an
2 elected Federal, State or local official, candidate, group of
3 candidates or political party when:
4 (1) The survey or campaign fails to make demographic
5 inquiries on a relevant subset of the population consistent
6 with standard polling industry practices.
7 (2) The telemarketer does not collect or tabulate survey
8 results.
9 (3) The telemarketer prefaces a question regarding
10 support for or opposition to a candidate, political party or
11 Federal, State or local elected official on the basis of an
12 untrue statement.
13 (4) The telemarketer incites the recipient of the call
14 to make personal contact to a Federal, State or local elected
15 official for the purpose of suppressing or changing the
16 voting position of the Federal, State or local elected
17 official on public policy matters.
18 * * *
19 Section 2. Section 5(a) of the act is amended by adding a
20 paragraph to read:
21 Section 5. Unlawful acts and penalties.
22 (a) Acts enumerated.--The following acts are prohibited:
23 * * *
24 (10) Contacting residential telephone subscribers in
25 this Commonwealth for the purposes of conducting an advocacy
26 push poll between the hours of 9 p.m. and 8 a.m. or failing
27 to disclose promptly to any consumer during an advocacy push
28 poll the purpose of the call, the name of the telemarketer or
29 telemarketing business and what issue the telemarketer or
30 telemarketing business is advocating.
20050H0332B0353 - 2 -
1 * * *
2 Section 3. This act shall take effect immediately.
A14L12JS/20050H0332B0353 - 3 -