Feed for /2011/related/proposals/ab111 PDF
April 27, 2011 - Introduced by Representatives Jacque, Nerison, Van Roy,
Strachota, Wynn, Spanbauer, Petersen, Mursau, Bies
and Weininger,
cosponsored by Senators Harsdorf and Schultz. Referred to Committee on
Consumer Protection and Personal Privacy.
AB111,1,5 1An Act to amend 20.115 (8) (jm), 100.52 (title), 100.52 (2) (b), 100.52 (2) (c) and
2100.52 (2) (d); and to create 100.52 (6m) of the statutes; relating to:
3prohibiting certain telephone calls using electronically prerecorded messages,
4rules for requesting a listing in the nonsolicitation directory, granting
5rule-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 bill 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, a 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 bill, DATCP 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 bill, to register with and pay a fee to DATCP. A
registration is valid for one year and may be renewed upon payment of a renewal fee
to DATCP. Under the bill, 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.
Current law requires DATCP to promulgate rules establishing requirements
and procedures for a residential customer to request a listing in the nonsolicitation
directory. The rules must require a residential customer who requests a listing in
the directory to biennially notify DATCP if the residential customer wishes to
continue to be included in the directory. If a residential customer fails to make the
biennial notification, DATCP must eliminate the residential customer from the
nonsolicitation directory.
Under the bill, DATCP must promulgate rules establishing requirements and
procedures for a residential customer to request a listing in the nonsolicitation
directory, but the rules may not require a residential customer to periodically renew
his or her request as a condition of continuing to include the listing in the
nonsolicitation directory.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB111, s. 1 1Section 1. 20.115 (8) (jm) of the statutes is amended to read:
AB111,3,22 20.115 (8) (jm) Telephone solicitation regulation. All moneys received from
3telephone solicitor registration and registration renewal fees paid under the rules
4promulgated under s. 100.52 (3) (a) and from registration and renewal fees paid
5under the rules promulgated under s. 100.52 (6m) (c)
not appropriated under sub. (1)

1(im) for establishing and maintaining the nonsolicitation directory under s. 100.52
2(2).
AB111, s. 2 3Section 2. 100.52 (title) of the statutes is amended to read:
AB111,3,5 4100.52 (title) Telephone solicitations and electronically prerecorded
5messages
.
AB111, s. 3 6Section 3. 100.52 (2) (b) of the statutes is amended to read:
AB111,3,187 100.52 (2) (b) The department shall promulgate rules for establishing,
8maintaining, and semiannually updating a directory that includes listings of
9residential customers who do not wish to receive telephone solicitations made on
10behalf of telephone solicitors. The rules promulgated under this paragraph shall
11establish requirements and procedures for a residential customer to request a listing
12in the directory. The rules shall also require a residential customer who requests a
13listing in the directory to notify the department on a biennial basis if the residential
14customer wishes to continue to be included in the directory. The department shall
15eliminate a residential customer from the directory if the customer does not make
16the biennial notification
, but may not require a residential customer to periodically
17renew his or her request as a condition of continuing to include the listing in the
18directory
.
AB111, s. 4 19Section 4. 100.52 (2) (c) of the statutes is amended to read:
AB111,3,2320 100.52 (2) (c) Except for copies of the nonsolicitation directory that are provided
21to registered telephone solicitors under par. (d) and to persons registered under sub.
22(6m) (c)
, the nonsolicitation directory is not subject to inspection, copying, or receipt
23under s. 19.35 (1) and may not be released by the department.
AB111, s. 5 24Section 5. 100.52 (2) (d) of the statutes is amended to read:
AB111,4,10
1100.52 (2) (d) The department shall, on a semiannual basis, make the
2nonsolicitation directory available by electronic transmission only to telephone
3solicitors who are registered under sub. (3) and to persons registered under sub. (6m)
4(c)
. Upon the request of a telephone solicitor registered under sub. (3), the
5department shall also provide a printed copy of the nonsolicitation directory to the
6telephone solicitor. A telephone solicitor who receives a copy of the directory, or to
7whom the directory is made available by electronic transmission, under this
8paragraph or a person who receives a copy of the directory under sub. (6m) (c) may
9not solicit or accept from any person, directly or indirectly, anything of value in
10exchange for providing the person with any information included in the copy.
AB111, s. 6 11Section 6. 100.52 (6m) of the statutes is created to read:
AB111,4,1612 100.52 (6m) Electronically prerecorded messages. (a) A person other than
13a telephone solicitor or an employee or contractor of a telephone solicitor may not use
14an electronically prerecorded message in an unsolicited telephone call to a
15residential customer if the nonsolicitation directory includes a listing for the
16residential customer.
AB111,4,1717 (b) Paragraph (a) does not apply to any of the following:
AB111,4,1918 1. A call initiated by a school, including a postsecondary school, or school
19district to a student, a parent of a student, or an employee.
AB111,4,2120 2. A call initiated to a residential customer by a person who has a current
21business or personal relationship with the customer.
AB111,4,2322 3. A call initiated by a governmental unit that is intended to alert a recipient
23of the call to a danger to the recipient's health or safety.
AB111,4,2524 4. A call initiated by a college or university to a graduate of the college or
25university.
AB111,5,1
15. A call initiated by a debt collector for the purpose of collecting a debt.
AB111,5,112 (c) The department shall promulgate rules that require any person who uses,
3or requires an employee or contractor to use, an electronically prerecorded message
4in a telephone call to a residential customer in this state, other than the telephone
5calls specified in par. (b) 1. to 5., to register with the department and pay a
6registration fee to the department. The rules shall provide that a registration under
7this paragraph is valid for one year and may be renewed upon payment of a renewal
8fee to the department. The department shall establish registration and renewal fees
9under this paragraph equal to fees applicable to telephone solicitors under sub. (3)
10(a), except that the registration and renewal fees for nonprofit organizations may not
11exceed one-tenth of the fees applicable to telephone solicitors under sub. (3) (a).
AB111,5,1212 (End)
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