House majority leader accused of spiking no-call bill

JEFFERSON CITY, Mo. -- Advocates for tightening loopholes in Missouri's telemarketing "no-call" statute are accusing House Majority Floor Leader Jason Crowell of taking steps to kill the bill.

Crowell, R-Cape Girardeau, denied that is so but would not commit bringing the measure up for debate by March 13, at which time the measure would be dead under House rules.

Norma Collins of the Missouri AARP said the senior citizen's advocacy group is mobilizing members to pressure Crowell, who decides what bills are debated, to move House Bill 157 forward.

"Unfortunately, this maneuver by Representative Crowell to stymie HB 157 has the familiar ring of past efforts by special interests to block attempts to make no-call stronger."

Since telemarketers often target the elderly, Collins said improving the law is among AARP's top legislative priorities.

The state enacted its no-call law in 2000 to reduce unwanted solicitations from telemarketers.

The law has proved popular with approximately 1.15 million residential phone numbers serving an estimated 2.8 million Missourians appearing on the state's no-call list, which is administered by the attorney general's office. Inclusion on the list is voluntary at the request of the consumer. Companies that call those on the list are subject to fines.

However, the law contains a number of loopholes, which no-call supporters unsuccessfully have attempted to close for two years.

The current legislation would lift many existing exemptions, including those for federally licensed businesses, phone companies and callers responding to a referral. It would tighten restrictions on companies that a consumer has done business with in the past.

Charities would remain exempt as would political calls, which are protected from regulation on free speech grounds.

The bill is opposed by a litany of groups representing various industries that engage in telemarketing.

A hearing on the measure was held Feb. 4 before a House committee. However, state Rep. Rick Johnson, D-High Ridge, said the panel's chairman indicated he wouldn't call for a vote to send the bill to the full House.

To bypass that obstacle, Johnson employed a rarely used constitutional provision that allows a bill to be forced from committee and placed on to the House debate calendar upon submission of a petition containing signatures from at least 55 representatives.

Johnson took that action Feb. 24, but the next day Crowell moved the bill to the informal calendar. Under House rules, a bill that sits on the informal calendar for 10 legislative days without action is dead.

Crowell said he doesn't know if he'll move the bill forward by the March 13 deadline.

"Right now we're trying to get through many of the issues that are currently going forward," Crowell said. "This bill has not gone through the committee process."

If the House doesn't get to the measure by the end of next week, Crowell said its sponsor can refile it and try again.

As a practical matter, however, bills filed late in the session, which ends May 16, have little chance of success.

Johnson said Crowell's action, if not reversed, essentially spells the end for the bill this year.

"He's the one that's killing it. It's a bad move, and I don't think the constituents in his district will appreciate it, particularly senior citizens," Johnson said.

Attorney General Jay Nixon, a strong no-call proponent, called on Crowell to allow action on the measure.

"Take it up for debate, have a vote on it and let people know where the members stand on this issue," Nixon said. "It's not that complicated."

mpowers@semissourian.com

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