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.