2009 - 2010 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO 2009 ASSEMBLY BILL 246
December 15, 2009 - Offered by Representatives Black and Roth.
1An Act to amend
20.115 (8) (jm), 100.52 (title), 100.52 (2) (c) and 100.52 (2) (d); 2
and 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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
20.115 (8) (jm) Telephone solicitation regulation.
All moneys received from 8
telephone solicitor registration and registration renewal fees paid under the rules 9
promulgated under s. 100.52 (3) (a) and from registration and renewal fees paid
10under the rules promulgated under s. 100.52 (6m) (c)
not appropriated under sub. (1) 11
(im) for establishing and maintaining the nonsolicitation directory under s. 100.52 12
(title) Telephone solicitations
and electronically prerecorded
(c) Except for copies of the nonsolicitation directory that are provided 6
to registered telephone solicitors under par. (d) and to persons registered under sub.
, the nonsolicitation directory is not subject to inspection, copying, or receipt 8
under s. 19.35 (1) and may not be released by the department.
(d) The department shall, on a semiannual basis, make the 11
nonsolicitation directory available by electronic transmission only to telephone 12
solicitors who are registered under sub. (3) and to persons registered under sub. (6m)
. Upon the request of a telephone solicitor registered under sub. (3), the 14
department shall also provide a printed copy of the nonsolicitation directory to the 15
telephone solicitor. A telephone solicitor who receives a copy of the directory, or to 16
whom the directory is made available by electronic transmission, under this 17
paragraph or a person who receives a copy of the directory under sub. (6m) (c)
not solicit or accept from any person, directly or indirectly, anything of value in 19
exchange for providing the person with any information included in the copy.
100.52 (6m) Electronically prerecorded messages.
(a) A person other than 22
a telephone solicitor or an employee or contractor of a telephone solicitor may not use 23
an electronically prerecorded message in an unsolicited telephone call to a 24
residential customer if the nonsolicitation directory includes a listing for the 25
(b) Paragraph (a) does not apply to any of the following:
1. A call by a school or school district to a student, parent of a student, or an 3
2. A call to a residential customer initiated by a person who has a current 5
business or personal relationship with the customer.
3. A call by a governmental unit that relates to a danger to health or safety.
4. A call by an organization to a member of the organization.
(c) The department shall promulgate rules that require any person who uses, 9
or requires an employee or contractor to use, an electronically prerecorded message 10
in a telephone call to a residential customer in this state, other than the telephone 11
calls specified in par. (b) 1. to 4., to register with the department and pay a 12
registration fee to the department. The rules shall provide that a registration under 13
this paragraph is valid for one year and may be renewed upon payment of a renewal 14
fee to the department. The department shall establish registration and renewal fees 15
under 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 17
exceed one-tenth of the fees applicable to telephone solicitors under sub. (3) (a).