H. B. 2590


(By Delegates Manuel and Doyle)
[Introduced February 2, 1999; referred to the
Committee on the Judiciary then Finance.]




A BILL to amend article three, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-four-e relating to creating a crime for use of automated dialing or push button system to solicit sales, leases or rentals, offer gifts or prizes, conduct polls, or request survey information.

Be it enacted by the Legislature of West Virginia:
That article three, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section designated section twenty-four-e to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-24e. Use of automated dialing or push button, etc., system to solicit sales, leases or rentals, offer gifts or prizes, conduct polls, or request survey information.
(a) A person may not utilize an automated dialing or push-button tone-activated address signaling system with a prerecorded message for the purpose of soliciting persons to purchase, lease, or rent goods, services, offering a gift or prize, conducting a poll, or requesting survey information where results are to be used directly for the purpose of soliciting persons to purchase, lease, or rent goods or services.
(b) The sender of an automated dialing, push-button, or tone-activated address signaling call shall disconnect the prerecorded message machine from the recipient's telephone line five seconds after the termination of the call by either the person calling or the person called.
(c) This section does not apply to:
(1) An agency of federal, state, or local government that uses automated dialing prerecorded message machine for emergency purposes; or
(2) Any person who has a preexisting business relationship with, or the consent of, the person called.
(d) A person who violates the provisions of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding one thousand dollars for the first offense and not exceeding five thousand dollars for each additional or subsequent offense.




NOTE: The purpose of this bill is to create a crime for use of automated dialing or push button system to solicit sales, leases or rentals, offer gifts or prizes, conduct polls, or request survey information.

This section is new; therefore, strike-throughs and underscoring have been omitted.