Attorney general to create no-call list database--rules--inclusion ofnational database--database not a public record--no cost tosubscribers.
407.1101. 1. The attorney general shall establish and provide forthe operation of a database to compile a list of telephone numbers ofresidential subscribers who object to receiving telephone solicitations.The attorney general shall have such database in operation no later thanJuly 1, 2001.
2. No later than January 1, 2001, the attorney general shallpromulgate rules and regulations governing the establishment of a state no-calldatabase as he or she deems necessary and appropriate to fullyimplement the provisions of sections 407.1095 to 407.1110. The rules andregulations shall include those which:
(1) Specify the methods by which each residential subscriber may givenotice to the attorney general or its contractor of his or her objection toreceiving such solicitations or revocation of such notice. There shall beno cost to the subscriber for joining the database;
(2) Specify the length of time for which a notice of objection shallbe effective and the effect of a change of telephone number on such notice;
(3) Specify the methods by which such objections and revocationsshall be collected and added to the database;
(4) Specify the methods by which any person or entity desiring tomake telephone solicitations will obtain access to the database as requiredto avoid calling the telephone numbers of residential subscribers includedin the database, including the cost assessed to that person or entity foraccess to the database;
(5) Specify such other matters relating to the database that theattorney general deems desirable.
3. If the Federal Communications Commission establishes a singlenational database of telephone numbers of subscribers who object toreceiving telephone solicitations pursuant to 47 U.S.C., Section 227(c)(3),the attorney general shall include that part of such single nationaldatabase that relates to Missouri in the database established pursuant tothis section.
4. Information contained in the database established pursuant to thissection shall be used only for the purpose of compliance with section407.1098 and this section or in a proceeding or action pursuant to section407.1107. Such information shall not be considered a public recordpursuant to chapter 610, RSMo.
5. In April, July, October and January of each year, the attorneygeneral shall be encouraged to obtain subscription listings of consumers inthis state who have arranged to be included on any national do-not-calllist and add those names to the state do-not-call list.
6. The attorney general may utilize moneys appropriated from generalrevenue and moneys appropriated from the merchandising practices revolvingfund established in section 407.140 for the purposes of establishing andoperating the state no-call database.
7. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in sections407.1095 to 407.1110 shall become effective only if it complies with and issubject to all of the provisions of chapter 536, RSMo, and, if applicable,section 536.028, RSMo. This section and chapter 536, RSMo, arenonseverable and if any of the powers vested with the general assemblypursuant to chapter 536, RSMo, to review, to delay the effective date or todisapprove and annul a rule are subsequently held unconstitutional, thenthe grant of rulemaking authority and any rule proposed or adopted afterAugust 28, 2000, shall be invalid and void.
Attorney general to create no-call list database--rules--inclusion ofnational database--database not a public record--no cost tosubscribers.
407.1101. 1. The attorney general shall establish and provide forthe operation of a database to compile a list of telephone numbers ofresidential subscribers who object to receiving telephone solicitations.The attorney general shall have such database in operation no later thanJuly 1, 2001.
2. No later than January 1, 2001, the attorney general shallpromulgate rules and regulations governing the establishment of a state no-calldatabase as he or she deems necessary and appropriate to fullyimplement the provisions of sections 407.1095 to 407.1110. The rules andregulations shall include those which:
(1) Specify the methods by which each residential subscriber may givenotice to the attorney general or its contractor of his or her objection toreceiving such solicitations or revocation of such notice. There shall beno cost to the subscriber for joining the database;
(2) Specify the length of time for which a notice of objection shallbe effective and the effect of a change of telephone number on such notice;
(3) Specify the methods by which such objections and revocationsshall be collected and added to the database;
(4) Specify the methods by which any person or entity desiring tomake telephone solicitations will obtain access to the database as requiredto avoid calling the telephone numbers of residential subscribers includedin the database, including the cost assessed to that person or entity foraccess to the database;
(5) Specify such other matters relating to the database that theattorney general deems desirable.
3. If the Federal Communications Commission establishes a singlenational database of telephone numbers of subscribers who object toreceiving telephone solicitations pursuant to 47 U.S.C., Section 227(c)(3),the attorney general shall include that part of such single nationaldatabase that relates to Missouri in the database established pursuant tothis section.
4. Information contained in the database established pursuant to thissection shall be used only for the purpose of compliance with section407.1098 and this section or in a proceeding or action pursuant to section407.1107. Such information shall not be considered a public recordpursuant to chapter 610, RSMo.
5. In April, July, October and January of each year, the attorneygeneral shall be encouraged to obtain subscription listings of consumers inthis state who have arranged to be included on any national do-not-calllist and add those names to the state do-not-call list.
6. The attorney general may utilize moneys appropriated from generalrevenue and moneys appropriated from the merchandising practices revolvingfund established in section 407.140 for the purposes of establishing andoperating the state no-call database.
7. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in sections407.1095 to 407.1110 shall become effective only if it complies with and issubject to all of the provisions of chapter 536, RSMo, and, if applicable,section 536.028, RSMo. This section and chapter 536, RSMo, arenonseverable and if any of the powers vested with the general assemblypursuant to chapter 536, RSMo, to review, to delay the effective date or todisapprove and annul a rule are subsequently held unconstitutional, thenthe grant of rulemaking authority and any rule proposed or adopted afterAugust 28, 2000, shall be invalid and void.
Attorney general to create no-call list database--rules--inclusion ofnational database--database not a public record--no cost tosubscribers.
407.1101. 1. The attorney general shall establish and provide forthe operation of a database to compile a list of telephone numbers ofresidential subscribers who object to receiving telephone solicitations.The attorney general shall have such database in operation no later thanJuly 1, 2001.
2. No later than January 1, 2001, the attorney general shallpromulgate rules and regulations governing the establishment of a state no-calldatabase as he or she deems necessary and appropriate to fullyimplement the provisions of sections 407.1095 to 407.1110. The rules andregulations shall include those which:
(1) Specify the methods by which each residential subscriber may givenotice to the attorney general or its contractor of his or her objection toreceiving such solicitations or revocation of such notice. There shall beno cost to the subscriber for joining the database;
(2) Specify the length of time for which a notice of objection shallbe effective and the effect of a change of telephone number on such notice;
(3) Specify the methods by which such objections and revocationsshall be collected and added to the database;
(4) Specify the methods by which any person or entity desiring tomake telephone solicitations will obtain access to the database as requiredto avoid calling the telephone numbers of residential subscribers includedin the database, including the cost assessed to that person or entity foraccess to the database;
(5) Specify such other matters relating to the database that theattorney general deems desirable.
3. If the Federal Communications Commission establishes a singlenational database of telephone numbers of subscribers who object toreceiving telephone solicitations pursuant to 47 U.S.C., Section 227(c)(3),the attorney general shall include that part of such single nationaldatabase that relates to Missouri in the database established pursuant tothis section.
4. Information contained in the database established pursuant to thissection shall be used only for the purpose of compliance with section407.1098 and this section or in a proceeding or action pursuant to section407.1107. Such information shall not be considered a public recordpursuant to chapter 610, RSMo.
5. In April, July, October and January of each year, the attorneygeneral shall be encouraged to obtain subscription listings of consumers inthis state who have arranged to be included on any national do-not-calllist and add those names to the state do-not-call list.
6. The attorney general may utilize moneys appropriated from generalrevenue and moneys appropriated from the merchandising practices revolvingfund established in section 407.140 for the purposes of establishing andoperating the state no-call database.
7. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in sections407.1095 to 407.1110 shall become effective only if it complies with and issubject to all of the provisions of chapter 536, RSMo, and, if applicable,section 536.028, RSMo. This section and chapter 536, RSMo, arenonseverable and if any of the powers vested with the general assemblypursuant to chapter 536, RSMo, to review, to delay the effective date or todisapprove and annul a rule are subsequently held unconstitutional, thenthe grant of rulemaking authority and any rule proposed or adopted afterAugust 28, 2000, shall be invalid and void.
