SF 2474

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to commerce; regulating telephone 
  1.3             solicitations; providing for the establishment of a 
  1.4             state no-call database; requiring rulemaking; 
  1.5             appropriating money; proposing coding for new law in 
  1.6             Minnesota Statutes, chapter 325G. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [325G.53] [TELEPHONE SOLICITATION OF MEMBER ON 
  1.9   NO-CALL LIST PROHIBITED.] 
  1.10     No person or entity shall make or cause to be made any 
  1.11  telephone solicitation to the telephone line of any residential 
  1.12  subscriber in this state who has given notice to the attorney 
  1.13  general, in accordance with rules adopted pursuant to section 
  1.14  325G.54 of the subscriber's objection to receiving telephone 
  1.15  solicitations. 
  1.16     Sec. 2.  [325G.54] [NO-CALL DATABASE.] 
  1.17     Subdivision 1.  [AUTHORIZATION.] The attorney general shall 
  1.18  establish and provide for the operation of a database to compile 
  1.19  a list of telephone numbers of residential subscribers who 
  1.20  object to receiving telephone solicitations.  The attorney 
  1.21  general shall have the database in operation no later than July 
  1.22  1, 2002. 
  1.23     Subd. 2.  [RULEMAKING.] No later than January 1, 2003, the 
  1.24  attorney general shall adopt rules governing the establishment 
  1.25  of a state no-call database as the attorney general considers 
  1.26  necessary and appropriate to fully implement this section.  The 
  2.1   rules must include those which: 
  2.2      (1) specify the methods by which each residential 
  2.3   subscriber may give notice to the attorney general of the 
  2.4   subscriber's objection to receiving telephone solicitations or 
  2.5   of any revocation of this notice.  The rules must provide that 
  2.6   there is no cost to the subscriber for joining the database; 
  2.7      (2) specify the length of time for which a notice of 
  2.8   objection is effective and the effect of a change of telephone 
  2.9   number on the notice; 
  2.10     (3) specify the methods by which the objections and 
  2.11  revocations are collected and added to the database; 
  2.12     (4) specify the methods by which any person or entity 
  2.13  desiring to make telephone solicitations will obtain access to 
  2.14  the database as required to avoid calling the telephone numbers 
  2.15  of residential subscribers included in the database, including 
  2.16  the cost assessed to that person or entity for access to the 
  2.17  database; and 
  2.18     (5) specify other matters relating to the database that the 
  2.19  attorney general considers desirable. 
  2.20     Subd. 3.  [NATIONAL DATABASE.] If the Federal 
  2.21  Communications Commission establishes a single national database 
  2.22  of telephone numbers of subscribers who object to receiving 
  2.23  telephone solicitations pursuant to United States Code, title 
  2.24  47, section 227(c)(3), the attorney general shall include that 
  2.25  part of the single national database that relates to Minnesota 
  2.26  in the database established pursuant to this section. 
  2.27     Subd. 4.  [CLASSIFICATION AND USE OF 
  2.28  INFORMATION.] Information contained in the database established 
  2.29  pursuant to this section must be used only for the purpose of 
  2.30  compliance with this section and section 325G.53.  The 
  2.31  information is not considered public data pursuant to chapter 13.
  2.32     Subd. 5.  [ANNUAL UPDATING.] In April, July, October, and 
  2.33  January of each year, the attorney general shall obtain 
  2.34  subscription listings of consumers in this state who have 
  2.35  arranged to be included on any national do-not-call list and add 
  2.36  those names to the state do-not-call list. 
  3.1      Sec. 2.  [APPROPRIATION.] 
  3.2      $....... is appropriated from the general fund to the 
  3.3   attorney general to establish and operate the state no-call 
  3.4   database.  The appropriation is available until spent.