2009 - 2010 LEGISLATURE
December 15, 2009 - Offered by Representatives Black and Roth.
AB246-ASA2,1,4 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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB246-ASA2, s. 1 5Section 1. 20.115 (8) (jm) of the statutes, as affected by 2009 Wisconsin Act 28,
6is amended to read:
AB246-ASA2,1,127 20.115 (8) (jm) Telephone solicitation regulation. All moneys received from
8telephone solicitor registration and registration renewal fees paid under the rules
9promulgated 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
AB246-ASA2, s. 2
1Section 2. 100.52 (title) of the statutes is amended to read:
AB246-ASA2,2,3 2100.52 (title) Telephone solicitations and electronically prerecorded
AB246-ASA2, s. 3 4Section 3. 100.52 (2) (c) of the statutes is amended to read:
AB246-ASA2,2,85 100.52 (2) (c) Except for copies of the nonsolicitation directory that are provided
6to registered telephone solicitors under par. (d) and to persons registered under sub.
7(6m) (c)
, the nonsolicitation directory is not subject to inspection, copying, or receipt
8under s. 19.35 (1) and may not be released by the department.
AB246-ASA2, s. 4 9Section 4. 100.52 (2) (d) of the statutes is amended to read:
AB246-ASA2,2,1910 100.52 (2) (d) The department shall, on a semiannual basis, make the
11nonsolicitation directory available by electronic transmission only to telephone
12solicitors 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
14department shall also provide a printed copy of the nonsolicitation directory to the
15telephone solicitor. A telephone solicitor who receives a copy of the directory, or to
16whom the directory is made available by electronic transmission, under this
17paragraph or a person who receives a copy of the directory under sub. (6m) (c) may
18not solicit or accept from any person, directly or indirectly, anything of value in
19exchange for providing the person with any information included in the copy.
AB246-ASA2, s. 5 20Section 5. 100.52 (6m) of the statutes is created to read:
AB246-ASA2,2,2521 100.52 (6m) Electronically prerecorded messages. (a) A person other than
22a telephone solicitor or an employee or contractor of a telephone solicitor may not use
23an electronically prerecorded message in an unsolicited telephone call to a
24residential customer if the nonsolicitation directory includes a listing for the
25residential customer.
1(b) Paragraph (a) does not apply to any of the following:
AB246-ASA2,3,32 1. A call by a school or school district to a student, parent of a student, or an
AB246-ASA2,3,54 2. A call to a residential customer initiated by a person who has a current
5business or personal relationship with the customer.
AB246-ASA2,3,66 3. A call by a governmental unit that relates to a danger to health or safety.
AB246-ASA2,3,77 4. A call by an organization to a member of the organization.
AB246-ASA2,3,178 (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 4., 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).