House File 36 - Introduced HOUSE FILE BY ZIRKELBACH Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the use of automatic dialing=announcing device 2 equipment and making a penalty applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1121YH 81 5 kk/gg/14 PAG LIN 1 1 Section 1. Section 476.57, Code 2005, is amended to read 1 2 as follows: 1 3 476.57 LIMITATIONS ON USE OF ADAD EQUIPMENT == PENALTY. 1 4 1. DEFINITION. As used in this section, "ADAD equipment" 1 5 means automatic dialing=announcing device equipment which is a 1 6 device or system of devices used, either alone or in 1 7 conjunction with other equipment, for the purpose of 1 8 automatically selecting or dialing telephone numbers without 1 9 the use of a live operator to disseminate prerecorded messages 1 10 to the numbers selected or dialed. 1 11 2. PROHIBITION. 1 12a. Except as provided in paragraph "b", aA person shall 1 13 not use, employ, or direct another person to use, or contract 1 14 for the use of ADAD equipment. 1 15b. Except for ADAD equipment which randomly or 1 16 sequentially selects the telephone numbers for calling, the 1 17 prohibition in paragraph "a" does not apply to any of the 1 18 following:1 19(1) Calls made with ADAD equipment by a nonprofit 1 20 organization or by an individual using the calls other than 1 21 for commercial profit=making purposes or fund=raising, if the 1 22 calls do not involve the advertisement or offering for sale, 1 23 lease, or rental of goods, services, or property.1 24(2) Calls made with ADAD equipment relating to payment 1 25 for, service of, or warranty coverage of previously ordered or 1 26 purchased goods or services or to persons or organizations 1 27 with a prior business relationship with the persons or 1 28 organizations using the calls.1 29(3) Calls made with ADAD equipment relating to the 1 30 collection of lawful debts.1 31(4) Calls made with ADAD equipment to members or employees 1 32 of the organization making the calls.1 33(5) Calls made with ADAD equipment which use an initial 1 34 prerecorded message of a duration no greater than seven 1 35 seconds prior to a live operator intercept, or calls which 2 1 involve an initial message from a live operator.2 23. TERMINATION. Calls made with ADAD equipment must 2 3 terminate the connection with any call within ten seconds 2 4 after the person receiving the call acts to disconnect the 2 5 call.2 64.3. PENALTY. A violation of this section is a serious 2 7 misdemeanor. 2 8 EXPLANATION 2 9 This bill eliminates all exceptions to the prohibition of 2 10 the use of automatic dialing=announcing device equipment. 2 11 Automatic dialing=announcing device equipment is defined as a 2 12 device or system of devices used for the purpose of 2 13 automatically selecting or dialing telephone numbers without a 2 14 live operator to disseminate prerecorded messages to the 2 15 numbers selected or dialed. A violation of the prohibition is 2 16 a serious misdemeanor. A serious misdemeanor is punishable by 2 17 confinement for no more than one year and a fine of at least 2 18 $250 but not more than $1,500. 2 19 LSB 1121YH 81 2 20 kk/gg/14