LRBs0208/1
CTS:nwn:jf
2009 - 2010 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2009 ASSEMBLY BILL 246
December 14, 2009 - Offered by Representative Spanbauer.
AB246-ASA1,1,4 1An Act to amend 20.115 (8) (jm), 100.52 (title), 100.52 (2) (c) and 100.52 (2) (d);
2and to create 100.52 (6m) of the statutes; relating to: prohibiting certain
3telephone calls using electronically prerecorded messages, granting
4rule-making authority, and making an appropriation.
Analysis by the Legislative Reference Bureau
Current law regulates "telephone solicitation," which is defined as the
unsolicited initiation of a telephone conversation for the purpose of encouraging the
recipient of the telephone call to purchase property, goods, or services. Generally,
under current law, a telephone solicitor may not make a telephone solicitation to a
residential customer if the customer's telephone number is included in a
nonsolicitation directory maintained by the Department of Agriculture, Trade and
Consumer Protection (DATCP) listing residential customers who do not wish to
receive telephone solicitations. Current law also prohibits a telephone solicitor from
using an electronically prerecorded message in a telephone solicitation made to any
recipient without the recipient's consent. Nonprofit organizations are not subject to
current law regulating telephone solicitations.
This substitute amendment prohibits any person from using an electronically
prerecorded message in an unsolicited telephone call to a residential customer whose
telephone number is included in the nonsolicitation directory, subject to the following

exceptions: 1) a call initiated by a school or school district to a student, parent of a
student, or an employee; 2) a call initiated to a residential customer by a person who
has a current business or personal relationship with the customer; 3) a call initiated
by a governmental unit that is intended to alert a recipient of the call to a danger to
the recipient's health or safety; 4) a call initiated by a college or university to a
graduate of the college or university; and 5) a call initiated by a debt collector for the
purpose of collecting a debt.
Under the substitute amendment, the department must promulgate rules
requiring any person who uses, or requires an employee or contractor to use, an
electronically prerecorded message in a telephone call to a residential customer in
this state, other than a call covered by one of the exceptions in the substitute
amendment, to register with and pay a fee to the department. A registration is valid
for one year and may be renewed upon payment of a renewal fee to the department.
Under the substitute amendment, registration and renewal fees for persons who use
electronically prerecorded messages must equal the fees charged for a telephone
solicitor under current law, except that the fees for nonprofit organizations may not
exceed one-tenth of the fee charged for a telephone solicitor.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB246-ASA1, s. 1 1Section 1. 20.115 (8) (jm) of the statutes, as affected by 2009 Wisconsin Act 28,
2is amended to read:
AB246-ASA1,2,83 20.115 (8) (jm) Telephone solicitation regulation. All moneys received from
4telephone solicitor registration and registration renewal fees paid under the rules
5promulgated under s. 100.52 (3) (a) and from registration and renewal fees paid
6under the rules promulgated under s. 100.52 (6m) (c)
not appropriated under sub. (1)
7(im) for establishing and maintaining the nonsolicitation directory under s. 100.52
8(2).
AB246-ASA1, s. 2 9Section 2. 100.52 (title) of the statutes is amended to read:
AB246-ASA1,2,11 10100.52 (title) Telephone solicitations and electronically prerecorded
11messages
.
AB246-ASA1, s. 3 12Section 3. 100.52 (2) (c) of the statutes is amended to read:
AB246-ASA1,3,4
1100.52 (2) (c) Except for copies of the nonsolicitation directory that are provided
2to registered telephone solicitors under par. (d) and to persons registered under sub.
3(6m) (c)
, the nonsolicitation directory is not subject to inspection, copying, or receipt
4under s. 19.35 (1) and may not be released by the department.
AB246-ASA1, s. 4 5Section 4. 100.52 (2) (d) of the statutes is amended to read:
AB246-ASA1,3,156 100.52 (2) (d) The department shall, on a semiannual basis, make the
7nonsolicitation directory available by electronic transmission only to telephone
8solicitors who are registered under sub. (3) and to persons registered under sub. (6m)
9(c)
. Upon the request of a telephone solicitor registered under sub. (3), the
10department shall also provide a printed copy of the nonsolicitation directory to the
11telephone solicitor. A telephone solicitor who receives a copy of the directory, or to
12whom the directory is made available by electronic transmission, under this
13paragraph or a person who receives a copy of the directory under sub. (6m) (c) may
14not solicit or accept from any person, directly or indirectly, anything of value in
15exchange for providing the person with any information included in the copy.
AB246-ASA1, s. 5 16Section 5. 100.52 (6m) of the statutes is created to read:
AB246-ASA1,3,2117 100.52 (6m) Electronically prerecorded messages. (a) A person other than
18a telephone solicitor or an employee or contractor of a telephone solicitor may not use
19an electronically prerecorded message in an unsolicited telephone call to a
20residential customer if the nonsolicitation directory includes a listing for the
21residential customer.
AB246-ASA1,3,2222 (b) Paragraph (a) does not apply to any of the following:
AB246-ASA1,3,2423 1. A call initiated by a school, including a postsecondary school, or school
24district to a student, parent of a student, or an employee.
AB246-ASA1,4,2
12. A call initiated to a residential customer by a person who has a current
2business or personal relationship with the customer.
AB246-ASA1,4,43 3. A call initiated by a governmental unit that is intended to alert a recipient
4of the call to a danger to the recipient's health or safety.
AB246-ASA1,4,65 4. A call initiated by a college or university to a graduate of the college or
6university.
AB246-ASA1,4,77 5. A call initiated by a debt collector for the purpose of collecting a debt.
AB246-ASA1,4,178 (c) The department shall promulgate rules that require any person who uses,
9or requires an employee or contractor to use, an electronically prerecorded message
10in a telephone call to a residential customer in this state, other than the telephone
11calls specified in par. (b) 1. to 5., to register with the department and pay a
12registration fee to the department. The rules shall provide that a registration under
13this paragraph is valid for one year and may be renewed upon payment of a renewal
14fee to the department. The department shall establish registration and renewal fees
15under this paragraph equal to fees applicable to telephone solicitors under sub. (3)
16(a), except that the registration and renewal fees for nonprofit organizations may not
17exceed one-tenth of the fees applicable to telephone solicitors under sub. (3) (a).
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