H*3140(Rat #0151, Act #0089 of 1991)  General Bill, By J. Rama
 A Bill to amend Section 16-17-446, Code of Laws of South Carolina, 1976,
 relating to automatically dialed announcing devices, so as to include calls of
 a political nature, prohibit the devices, provide exceptions, and provide a
 penalty.-amended title

   12/27/90  House  Prefiled
   12/27/90  House  Referred to Committee on Labor, Commerce and Industry
   01/08/91  House  Introduced and read first time HJ-78
   01/08/91  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-78
   03/06/91  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-5
   03/07/91  House  Amended HJ-18
   03/07/91  House  Read second time HJ-19
   03/07/91  House  Unanimous consent for third reading on next
                     legislative day HJ-19
   03/08/91  House  Read third time and sent to Senate HJ-1
   03/12/91  Senate Introduced and read first time SJ-13
   03/12/91  Senate Referred to Committee on Judiciary SJ-13
   04/17/91  Senate Committee report: Favorable with amendment
                     Judiciary SJ-13
   04/23/91  Senate Amended SJ-250
   04/23/91  Senate Read second time SJ-250
   04/24/91  Senate Read third time and returned to House with
                     amendments SJ-17
   05/08/91  House  Concurred in Senate amendment and enrolled HJ-34
   05/21/91         Ratified R 151
   05/27/91         Signed By Governor
   05/27/91         Effective date 05/27/91
   05/27/91         Act No. 89
   06/05/91         Copies available

AN ACT TO AMEND SECTION 16-17-446, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMATICALLY DIALED ANNOUNCING DEVICES, SO AS TO INCLUDE CALLS OF A POLITICAL NATURE, PROHIBIT THE DEVICES, PROVIDE EXCEPTIONS, AND PROVIDE A PENALTY.

Be it enacted by the General Assembly of the State of South Carolina:

Automatically dialed announcing devices; political calls; prohibitions; exceptions; penalty

SECTION 1. Section 16-17-446 of the 1976 Code, as added by Act 656 of 1988, is amended to read:

"Section 16-17-446. (A) `Adad' means an automatically dialed announcing device which delivers a recorded message without assistance by a live operator for the purpose of making an unsolicited consumer telephone call as defined in Section 16-17-445(A)(3). Adad calls include automatically announced calls of a political nature including, but not limited to, calls relating to political campaigns.

(B) Adad calls are prohibited except:

(1) in response to an express request of the person called;

(2) when primarily connected with an existing debt or contract, payment or performance of which has not been completed at the time of the call;

(3) in response to a person with whom the telephone solicitor has an existing business relationship or has had a previous business relationship.

(C) Adad calls which are not prohibited under subsection (B):

(1) are subject to Section 16-17-445(B)(1), (2), and (3);

(2) shall disconnect immediately when the called party hangs up;

(3) are prohibited after seven p.m. or before eight a.m.;

(4) may not ring at hospitals, police stations, fire departments, nursing homes, hotels, or vacation rental units.

(D) A person who violates this section, upon conviction, must be punished as provided in Section 16-17-445(F)."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 27th day of May, 1991.