'NO-CALL' LIST BILL GIVEN FIRST NOD

JEFFERSON CITY -- After nearly four hours of debate and a flurry of amendments, the Missouri Senate Tuesday gave first-round approval to legislation intended to protect Missourians from unwanted phone calls from telemarketers.

The bill, sponsored by Sen. Jerry T. Howard, D-Dexter, passed 29-4. A final vote is expected after lawmakers return from spring recess March 27.

Howard's bill would create a statewide "no-call" list of those who do not want telephone solicitations. Those wanting to be included on the list would do so by contacting the Missouri attorney general's office. The service would be free.

Telemarketers who called a person on the list could be fined up to $5,000 per violation. A no-call person called twice in a year by the same company could sue for up to $5,000 in damages per violation. Companies could not be penalized for calling a person on the list with whom they have an existing business relationship.

The measure's fate appeared uncertain at times as Republicans made repeated attempts to add exemptions and loopholes to the bill. Those efforts failed on near party-line votes.

Sen. Betty Sims, R-St. Louis, said she was afraid the bill might hamper the ability of companies to reach potential new customers, particularly small companies just starting out.

"A lot of businesses' livelihoods depend on the phone," Sims said.

Sen. John Schneider, D-Florissant, said he too had concerns about stifling business. However, he said protecting the privacy of citizens who do not wish to be bothered in their homes is more important.

"It is my phone," Schneider said. "I did not get that phone so they can call me. I ought to be able to say Don't call me.'"

Sen. Harold Caskey, D-Butler, said people who would go through the trouble to put their names on a no-call list likely wouldn't want to buy from telemarketers anyway. The list, Caskey said, would save companies time and money by eliminating a group not likely to do business.

"You are actually helping the telemarketing industry by putting your name on the list," Caskey said.

Several amendments did make it on the bill during floor debate. Among them was one requiring professional phone solicitation services employed by charities to inform callers up front exactly what percentage of donations actually go to the charity. In many cases, a charity receives only a small portion of donations with the rest going to the telemarketing firm.

"That can be a rip off, but not necessarily," said Sen. Larry Rohrbach, R-California, the amendment's sponsor. "And if it is not a rip off, people will know."