§ 407.1101 R.S.Mo.
§ 407.1101. Attorney general to create no-call list database -- rules -- inclusion of national database --
database not a public record -- no cost to subscribers
1.
The attorney general shall establish and provide for the operation of a database to compile a list of
telephone numbers of residential subscribers who object to receiving telephone solicitations. The attorney
general shall have such database in operation no later than July 1, 2001.
2.
No later than January 1, 2001, the attorney general shall promulgate rules and regulations governing the
establishment of a state no- call database as he or she deems necessary and appropriate to fully implement the
provisions of sections 407.1095 to 407.1110. The rules and regulations shall include those which:
(1)
Specify the methods by which each residential subscriber may give notice to the attorney general or its
contractor of his or her objection to receiving such solicitations or revocation of such notice. There shall
be no cost to the subscriber for joining the database;
(2)
Specify the length of time for which a notice of objection shall be effective and the effect of a
change of telephone number on such notice;
(3)
Specify the methods by which such objections and revocations shall be collected and added to the
database;
(4)
Specify the methods by which any person or entity desiring to make telephone solicitations will obtain
access to the database as required to avoid calling the telephone numbers of residential subscribers included
in the database, including the cost assessed to that person or entity for access to the database;
(5)
Specify such other matters relating to the database that the attorney general deems desirable.
3.
If the Federal Communications Commission establishes a single national database of telephone numbers of
subscribers who object to receiving telephone solicitations pursuant to 47 U.S.C., Section 227(c)(3), the
attorney general shall include that part of such single national database that relates to Missouri in the
database established pursuant to this section.
4.
Information contained in the database established pursuant to this section shall be used only for the
purpose of compliance with section 407.1098 and this section or in a proceeding or action pursuant to section
407.1107. Such information shall not be considered a public record pursuant to chapter 610, RSMo.
5.
In April, July, October and January of each year, the attorney general shall be encouraged to obtain
subscription listings of consumers in this state who have arranged to be included on any national do-not-call
list and add those names to the state do-not-call list.
6.
The attorney general may utilize moneys appropriated from general revenue and moneys appropriated from the
merchandising practices revolving fund established in section 407.140 for the purposes of establishing and
operating the state no-call database.
7.
Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the
authority delegated in sections 407.1095 to 407.1110 shall become effective only if it complies with and is
subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section
and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to
chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently
held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August
28, 2000, shall be invalid and void.
