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 12    a.  Except as provided in paragraph "b", a A person shall
  1 13 not use, employ, or direct another person to use, or contract
  1 14 for the use of ADAD equipment.
  1 15    b.  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  2    3.  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  6    4.  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