COMMITTEE SUBSTITUTE

FOR

H. B. 2590


(By Delegates Manuel and Doyle)

(Originating in the Committee on the Judiciary)


[March 1, 1999]


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 prohibited use of automated dialing or push button system tone-activated address signaling system; penalties.

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 tone- activated address signaling 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 to (i) solicit persons to purchase, lease, or rent goods and services or (ii) offer a gift or prize, conduct a poll, or request survey information where results are to be used directly to solicit persons to purchase, lease, or rent goods or services.
(b) A person using an automated dialing or push-button tone-activated address signaling system for purposes not prohibited in subsection (a) shall disconnect the prerecorded message machine from the recipient's telephone line at least five seconds after the termination of the call by either the person calling or the person called.
(c) The provisions of subsection (a) of this section do not apply to:
(1) A federal, state, or local government agency that uses an automated dialing prerecorded message machine for emergency purposes; or
(2) Any person with a preexisting business relationship, or consent of, the person called.
(d) A person who violates the provisions of this section is guilty of a misdemeanor and upon conviction is subject to a fine not more than one thousand dollars for the first offense and not more than five thousand dollars for each additional or subsequent offense.



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