HB 2970

                                 SECOND REGULAR SESSION
                    HOUSE BILL NO. 2970
                           103RD GENERAL ASSEMBLY
                         INTRODUCED BY REPRESENTATIVE STEINMETZ.
 4159H.01I  JOSEPH ENGLER, Chief Clerk
                                            AN ACT
 To repeal section 407.1095, RSMo, and to enact in lieu thereof one new section relating to
        telephone solicitation.
 Be it enacted by the General Assembly of the state of Missouri, as follows:
         Section A. Section 407.1095, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 407.1095, to read as follows:
         407.1095. As used in sections 407.1095 to 407.1110, the following words and phrases
2 mean:
3(1) "Caller identification service", a type of telephone service which permits
4 telephone subscribers to see the telephone number of incoming telephone calls;
5(2) "Residential subscriber", a person who, for primarily personal and familial use,
6 has subscribed to residential telephone service, wireless service or similar service, or the other
7 persons living or residing with such person;
8(3) "Telephone solicitation", any voice, facsimile, short messaging service (SMS), or
9 multimedia messaging service (MMS), for the purpose of encouraging the purchase or rental
10 of, or investment in, property, goods or services, but does not include communications:
11(a) To any residential subscriber with that subscriber's prior express invitation or
12 permission;
13(b) By or on behalf of any person or entity with whom a residential subscriber has had
14 a business contact within the past one hundred eighty days or a current business or personal
15 relationship;
16(c) By or on behalf of an entity organized pursuant to Chapter 501 (c)(3) of the United
17 States Internal Revenue Code, while such entity is engaged in [fund-raising] fundraising to
 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.
HB 2970  2
18 support the charitable purpose for which the entity was established provided that a bona fide
19 member of such exempt organization makes the voice communication;
20(d) By or on behalf of any entity over which a federal agency has regulatory authority
21 to the extent that:
22a. Subject to such authority, the entity is required to maintain a license, permit or
23 certificate to sell or provide the merchandise being offered through telemarketing; and
24b. The entity is required by law or rule to develop and maintain a no-call list[;
25(e) By a natural person responding to a referral, or working from his or her primary
26 residence, or a person licensed by the state of Missouri to carry out a trade, occupation or
27 profession who is setting or attempting to set an appointment for actions relating to that
28 licensed trade, occupation or profession within the state or counties contiguous to the state].
                                               ✔