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