To amend section 4719.99 and to enact sections 4719.25, 4719.251, 4719.252, 4719.253, 4719.254, 4719.255, 4719.256, and 4719.257 of the Revised Code to prohibit making a political call without providing certain source identification, to prohibit initiating a political call that uses artificial or prerecorded voice messages to any telephone number that appears on a no-automated political call list to be developed, operated, and maintained by the Attorney General, and to provide for the act's enforcement by the Attorney General.

Section 1. That section 4719.99 be amended and sections 4719.25, 4719.251, 4719.252, 4719.253, 4719.254, 4719.255, 4719.256, and 4719.257 of the Revised Code be enacted to read as follows:

Sec. 4719.25. As used in sections 4719.25 to 4719.257 of the Revised Code:

(A) "Campaign committee," "candidate," "legislative campaign fund," "political action committee," "political contributing entity," and "political party" have the same meanings as in section 3517.01 of the Revised Code.

(B) "Political call" means a telephone call made by, on behalf of, or in connection with a candidate, campaign committee, political party, political action committee, political contributing entity, legislative campaign fund, ballot issue, or other political purpose, including any related survey.

Sec. 4719.251. (A) No person that wholly or partly engages in making political calls directly or through one or more persons either from a location in this state, or from a location outside this state to persons in this state, shall do either of the following:

(1) Make or cause to be made a political call without disclosing both of the following at the beginning of the call:

(a) The name of the entity that ultimately requested that the call be made or, otherwise, the name of the caller;

(b) If the call is a service for which payment is rendered, the name of the entity paying for that service.

(2) Initiate or cause to be initiated to a telephone number, more than thirty days after the number appears on the no-automated political call list provided under section 4719.252 of the Revised Code, any political call that uses artificial or prerecorded voice messages.

(B) If a political call is part of a telephone bank, as defined in section 3517.20 of the Revised Code, the political call shall include the disclaimer required under division (C) of that section with any information required to be disclosed at the beginning of a political call under division (A)(1) of this section.

Sec. 4719.252. (A)(1) The attorney general shall provide for the development, operation, and maintenance of a secured electronic database constituting the "no-automated political call list," established for the purpose of division (A)(2) of section 4719.251 of the Revised Code. The list shall be updated not less than quarterly and shall consist only of telephone numbers of those telephone service subscribers that have requested inclusion on the list in accordance with procedures prescribed by rule under division (B) of this section. The list also shall be made available in printed form.

(2) The attorney general may contract with any entity for the development, operation, and maintenance of the no-automated political call list. Any such contract shall be awarded to the lowest responsive and responsible bidder and shall require timely remittance to the attorney general of any distribution fee collected, as prescribed by rule under division (B) of this section.

(3) The no-automated political call list shall be made available to any person upon request pursuant to procedures prescribed by rule under division (B) of this section, which procedures shall include payment of the distribution fee.

(B) The attorney general shall adopt rules to carry out this section, including rules specifying a reasonable amount to be paid by a person as a distribution fee to obtain a copy of or access to the list.

(C) All fees required under division (B) of this section shall be paid or remitted to the attorney general and deposited to the credit of the no-automated political call list fund, which is hereby created in the state treasury, to be used for the purpose of paying the costs of developing, operating, and maintaining the list, including any costs arising under a contract authorized by division (A) of this section.

Sec. 4719.253. (A) The no-automated political call list and any information received or maintained by the attorney general or any contractor in a connection with a telephone number or subscriber for the purpose of developing, operating, and maintaining the list is not a public record for purposes of section 149.43 of the Revised Code.

(B) No person shall recklessly disclose or use such information for any purpose other than the purpose of developing, operating, or maintaining the list; enforcing section 4719.251 of the Revised Code; as necessary, pursuing an action under section 4719.255 of the Revised Code; or, as necessary, complying with a lawful court order or subpoena directing disclosure of the list or other information.

Sec. 4719.254. Any company that provides a local telephone directory to a telephone service subscriber in this state shall include in the directory a notice describing the no-automated political call list and providing complete information on procedures the subscriber should follow to have its telephone number listed on the list.

Sec. 4719.255. (A) If, by the attorney general's own inquiries or as a result of complaints, the attorney general has reasonable cause to believe that a person has been or is engaged in an act or practice that violates a provision of section 4719.251 of the Revised Code, the attorney general may do either of the following:

(1) Bring an action to obtain a declaratory judgment, temporary restraining order, or preliminary or permanent injunction. If the attorney general shows by a preponderance of the evidence that the person has violated or is violating a provision of section 4719.251 of the Revised Code, the court may issue a temporary restraining order or preliminary or permanent injunction without bond. On motion of the attorney general, or its own motion, the court may impose a civil penalty of not more than five thousand dollars for each day of violation of any such order or injunction.

(2) Bring a class action on behalf of subscribers for damage caused by the violation.

(B) No action for recovery may be brought by the attorney general under division (A)(1) or (2) of this section more than two years after the occurrence of the violation.

(C) On motion of the attorney general and without bond, the court may make appropriate orders, including appointment of a referee or receiver, for sequestration of assets, to reimburse subscribers found to have been injured, or to grant other appropriate relief. The court may assess the expenses of a referee or receiver against the violator. Any money or property recovered by the attorney general in an action under division (A)(2) of this section that cannot with due diligence within five years be restored to subscribers shall be unclaimed funds subject to Chapter 169. of the Revised Code.

(D) In addition to the other remedies provided in this section, the attorney general may request, and the court may impose, a civil penalty of not more than two thousand dollars for each violation of section 4719.251 of the Revised Code.

(E) Civil penalties ordered under division (A)(1) or (D) of this section shall be paid as follows: one-fourth of the amount to the treasurer of the county in which the action is brought and three-fourths to the political calling enforcement fund, which is hereby created in the state treasury, to be used to pay the costs of the office of the attorney general in enforcing section 4719.251 of the Revised Code.

Sec. 4719.256. It is an affirmative defense in an action brought under section 4719.255 of the Revised Code that the defendant established and implemented, with due care, reasonable practices and procedures to prevent the alleged violation. If the court holds that the defendant purposely or knowingly violated a provision of section 4719.251 of the Revised Code, the court may increase the amount of any award by up to three times.

Sec. 4719.257. The powers, remedies, and penalties provided by sections 4719.25 to 4719.256 of the Revised Code are in addition to any other power, remedy, or penalty provided by law.

Sec. 4719.99.  (A) Prior to July 1, 1996, whoever violates section 4719.02, 4719.05, or 4719.06, division (C), (D), or (E) of section 4719.07, section 4719.08, or division (A) of section 4719.09 of the Revised Code is guilty of a felony of the fourth degree. On or after July 1, 1996, whoever violates section 4719.02, 4719.05, or 4719.06, division (C), (D), or (E) of section 4719.07, section 4719.08, or division (A) of section 4719.09 of the Revised Code is guilty of a felony of the fifth degree.

(B) Whoever violates division (B) of section 4719.253 of the Revised Code is guilty of a misdemeanor of the fourth degree on a first offense and a felony of the fifth degree on each subsequent offense.

Section 2. That existing section 4719.99 of the Revised Code is hereby repealed.