Missouri HB 2188: Allows businesses to register for the no-call list

Bill Text

SECOND REGULAR SESSION
HOUSE BILL NO. 2188
102ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE LEWIS (25).
4286H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To repeal sections 407.1095, 407.1098, 407.1101, 407.1104, and 407.1110, RSMo, and to
enact in lieu thereof five new sections relating to the no-call list.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 407.1095, 407.1098, 407.1101, 407.1104, and 407.1110, RSMo,
2 are repealed and five new sections enacted in lieu thereof, to be known as sections 407.1095,
3 407.1098, 407.1101, 407.1104, and 407.1110, to read as follows:
407.1095. Asusedinsections407.1095to407.1110,thefollowingwordsandphrases
2 mean:
3 (1) "Business subscriber", a person or entity that, for primarily business use,
4 subscribed to telephone service, wireless service, or other similar service;
5 (2) "Caller identification service", a type of telephone service which permits
6 telephone subscribers to see the telephone number of incoming telephone calls;
7 [(2)] (3) "Residential subscriber", a person who, for primarily personal and familial
8 use, has subscribed to residential telephone service, wireless service or similar service, or the
9 other persons living or residing with such person;
10 [(3)] (4) "Telephone solicitation", any voice, facsimile, short messaging service
11 (SMS), or multimedia messaging service (MMS), for the purpose of encouraging the
12 purchase or rental of, or investment in, property, goods or services, but does not include
13 communications:
14 (a) To any residential subscriber with that subscriber's prior express invitation or
15 permission;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

16 (b) Byoronbehalfofanypersonorentitywithwhomaresidentialsubscriberhashad
17 a business contact within the past one hundred eighty days or a current business or personal
18 relationship;
19 (c) ByoronbehalfofanentityorganizedpursuanttoChapter501(c)(3)oftheUnited
20 States Internal Revenue Code, while such entity is engaged in fund-raising to support the
21 charitable purpose for which the entity was established provided that a bona fide member of
22 such exempt organization makes the voice communication;
23 (d) Byoronbehalfofanyentityoverwhicha federalagencyhasregulatoryauthority
24 to the extent that:
25 a. Subject to such authority, the entity is required to maintain a license, permit or
26 certificate to sell or provide the merchandise being offered through telemarketing; and
27 b. The entity is required by law or rule to develop and maintain a no-call list;
28 (e) By a natural person responding to a referral, or working from his or her primary
29 residence, or a person licensed by the state of Missouri to carry out a trade, occupation or
30 profession who is setting or attempting to set an appointment for actions relating to that
31 licensed trade, occupation or profession within the state or counties contiguous to the state.
407.1098. No person or entity shall make or cause to be made any telephone
2 solicitation to any residential or business subscriber in this state who has given notice to the
3 attorney general, in accordance with rules promulgated pursuant to section 407.1101 of such
4 subscriber's objection to receiving telephone solicitations.
407.1101. 1. The attorney general shall establish and provide for the operation of a
2 database to compile a list of telephone numbers of residential or business subscribers who
3 object to receiving telephone solicitations. [Such list is not intended to include any telephone
4 number primarily used for business or commercial purposes.]
5 2. The attorney general shall promulgate rules and regulations governing the
6 establishmentofastateno-calldatabaseasheorshedeemsnecessaryandappropriatetofully
7 implement the provisions of sections 407.1095 to 407.1110. The rules and regulations shall
8 include those which:
9 (1) Specify the methods by which each residential or business subscriber may give
10 notice to the attorney general or its contractor of his or her objection to receiving such
11 solicitations or revocation of such notice. There shall be no cost to the subscriber for joining
12 the database;
13 (2) Specify the length of time for which a notice of objection shall be effective and
14 the effect of a change of telephone number on such notice;
15 (3) Specify the methods by which such objections and revocations shall be collected
16 and added to the database;
HB 2188 2

17 (4) Specify the methods by which any person or entity desiring to make telephone
18 solicitations will obtain access to the database as required to avoid calling the telephone
19 numbers of residential or business subscribers included in the database, including the cost
20 assessed to that person or entity for access to the database;
21 (5) Specifysuchotherm