SB 0577 - Fiscal Note

Fiscal Note - SB 0577 - Regulation of unsolicited telephone sales calls

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO. 1946-02

BILL NO. SB 577

SUBJECT: Telecommunications: Unsolicited Telephone Calls

TYPE: Original

DATE: January 12, 1998

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FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
None
Total Estimated Net Effect on All State Funds	$0	$0	$0

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
None
Total Estimated Net Effect on All Federal Funds	$0	$0	$0

ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
Local Government	$0	$0	$0

Numbers within parentheses: ( ) indicate costs or losses

This fiscal note contains 3 pages.

FISCAL ANALYSIS

ASSUMPTION

Officials from the Office of State Courts Administrator, the Office of the Attorney General, and the Office of the State Public Defender assume the proposed legislation would have no fiscal impact on their agencies.

FISCAL IMPACT - State Government	FY 1999	FY 2000	FY 2001
	(10 Mo.)
	$0	$0	$0
FISCAL IMPACT - Local Government	FY 1999	FY 2000	FY 2001
	(10 Mo.)
	$0	$0	$0

FISCAL IMPACT - Small Business

Certain small businesses would be impacted by this proposal, as it would regulate the manner in which they handle unsolicitated telephone sales calls.

DESCRIPTION

The proposal would regulate unsolicited telephone sales calls. Specifically, it would require telephone solicitors making unsolicited calls to identify themselves, the business they represent, and the purpose of the call. Telephone solicitors would be required to immediately hang up if the person being solicited gives a negative response to the solicitation, and furthermore to hang up within five seconds of the termination of the call by the person called. A telephone solicitor would not be allowed to block his telephone number from a caller identification service when that number is being used for telemarketing purposes, provided that the equipment and service capability exists to display the number. A telephone solicitor would not be allowed to send information by fax or computer to a consumer after the consumer requests that such transmissions cease. Local telecommunications companies would not be responsible for the enforcement of the provisions contained in the proposal. Violations would constitute an unlawful (merchandising) practice pursuant to Section 407.020, RSMo, and would be a Class D felony. The proposal would contain penalty provisions.

This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.

SOURCES OF INFORMATION

Office of State Courts Administrator

Office of the Attorney General

Office of the State Public Defender

Jeanne Jarrett, CPA

Director

January 12, 1998