1Amending the act of December 4, 1996 (P.L.911, No.147), entitled
2"An act providing for registration requirements for
3telemarketers and for powers and duties of the Office of
4Attorney General," further providing for definitions and for
5registration requirement; and providing for unwanted
6automatic political calls.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. The definition of "list administrator" in section 
102 of the act of December 4, 1996 (P.L.911, No.147), known as the 
11Telemarketer Registration Act, amended September 12, 2003 
12(P.L.105, No.22), is amended and the section is amended by 
13adding definitions to read:

14Section 2. Definitions.

15The following words and phrases when used in this act shall
16have the meanings given to them in this section unless the
17context clearly indicates otherwise:

18"Automatic dialing-announcing device." A device that selects 
19and dials telephone numbers and that, working alone or in 

1conjunction with other equipment, disseminates a prerecorded or 
2synthesized voice message to the telephone number called.

3"Automatic political call." The use of an automatic dialing-
4announcing device on behalf of any of the following:

5(1) A candidate as defined in section 102(a) of the act 
6of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania 
7Election Code; a party as defined in section 102(n) of the 
8Pennsylvania Election Code; or a political body as defined in 
9section 102(p) of the Pennsylvania Election Code.

10(2) A political committee as defined in section 1621(h)
11of the Pennsylvania Election Code.

12(3) A political organization as defined in section 
13527(e) of the Internal Revenue Code of 1986 (Public Law 99-
14514, 26 U.S.C. § 1 et seq.).

15* * *

16"List administrator." [A nonprofit] An organization, as 
17designated by contract entered into by the Director of the 
18Bureau of Consumer Protection in the Office of Attorney General, 
19that accepts individual names, addresses and telephone numbers 
20of persons who do not wish to receive telephone solicitation 
21calls and that has been in existence for ten or more years. In 
22the event that the Federal Trade Commission and/or Federal 
23Communications Commission establish a unified national No Call 
24Registry for the purpose of providing consumers with protection 
25from receiving unwanted telephone solicitation calls similar to 
26the protection provided in this act, then the Director of the 
27Bureau of Consumer Protection in the Office of Attorney General 
28may enter into an agreement to utilize the services of the 
29administrator of any such national No Call Registry in lieu of 
30using [any nonprofit] an organization.

1* * *

2Section 2. Section 3 of the act is amended to read:

3Section 3. Registration requirement.

4(a) General rule.--In addition to any other requirements
5imposed by law, a telemarketer or the telemarketing business
6which employs the telemarketer is required to register with the
7Office of Attorney General at least 30 days prior to offering
8for sale consumer goods or services through any medium. This
9section will not apply, however, to persons or businesses
10licensed by or registered with a Federal or Commonwealth agency
11or to a person or business conducting telemarketing exclusively 
12through the use of automatic political calls. Notwithstanding
13any other provision of this act, any business which provides
14telemarketing services to other entities and has been under the
15same ownership and control for less than five years shall
16register under this section.

17(b) Unlawful conduct.--It shall be unlawful for any
18telemarketer to initiate a telephone call to or receive a
19telephone call from a consumer in connection with the purchase
20of consumer goods or services unless the telemarketer or the
21telemarketing business which employs the telemarketer is
22registered with the Office of Attorney General.

23(c) Penalty.--Failure to register as required by this act
24constitutes a misdemeanor of the second degree.

25Section 3. The act is amended by adding a section to read:

26Section 5.3. Unwanted automatic political calls.

27(a) General rule.--

28(1) Except as set forth in subsection (b), beginning 30 
29days after publication of the notice under paragraph (3), a 
30person may not initiate or cause to be initiated an automatic 

1political call to a residential or wireless telephone number 
2of a telephone subscriber who does not wish to receive 
3automatic political calls and has caused the subscriber's 
4name, address and telephone number to be enrolled on a do-
5not-call list for automatic political calls maintained by a 
6list administrator.

7(2) The list under paragraph (1) shall be developed and
8maintained separately from the list established under section

10(3) The list under paragraph (1) shall be completed six 
11months after the effective date of this section. The list 
12administrator shall transmit a notice of completion to the 
13Legislative Reference Bureau for publication in the 
14Pennsylvania Bulletin.

15(4) A residential telephone subscriber's name shall be
16maintained on the list under paragraph (1) as long as the
17telephone number is valid for the subscriber.

18(5) The Office of Attorney General may serve as the list
19administrator for purposes of this subsection.

20(6) If the Office of Attorney General does not serve as
21the list administrator for purposes of this subsection, the
22list administrator shall provide the list under paragraph (1)
23to the Office of Attorney General on a biannual basis.

24(b) Exceptions.--Subsection (a)(1) shall not apply to a call
25on behalf of a political candidate, political party or political
26body made by an individual and not by an automatic dialing-
27announcing device.

28(c) Listings.--A person that makes automatic political calls

30(1) obtain on a biannual basis a listing of residential

1or wireless telephone subscribers in this Commonwealth who
2have arranged to have their names, addresses and telephone
3numbers enrolled on the list under subsection (a)(1); or

4(2) use a service provider who has obtained the list
5under subsection (a)(1) in order to restrict the use of
6automatic political calls.

7(d) Fee limitation.--A list administrator may not impose a
8fee for a copy of the list under subsection (a)(1) which

10(1) the cost incurred by the list administrator in the
11production, preparation and distribution of the list; or

12(2) the fee authorized by 16 CFR § 310.8(c) (relating to
13fee for access to the National Do Not Call Registry).

14(e) Restriction.--A person may not use the list under
15subsection (a)(1) for any purpose other than to remove a
16residential or wireless telephone subscriber from a call list.

17(f) Investigation, enforcement and reporting.--
18Investigation, enforcement and reporting shall be conducted in
19accordance with section 5.2(k).

20(g) Violation.--A violation of this section shall constitute 
21an unlawful act under section 3 of the act of December 17, 1968 
22(P.L.1224, No.387), known as the Unfair Trade Practices and 
23Consumer Protection Law.

24Section 4. This act shall take effect immediately.