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LRB-1788/1
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2013 - 2014 LEGISLATURE
April 25, 2013 - Introduced by Representatives Ripp, Bernier, Bies, Brooks, Czaja,
Endsley, Hintz, Jacque, Jagler, T. Larson, Marklein, Murphy, Mursau,
Ohnstad, A. Ott, Sinicki, Spiros, Strachota, Tittl, Tranel and Ballweg,
cosponsored by Senators Tiffany, Cowles, Gudex, Olsen and Petrowski.
Referred to Committee on Consumer Protection.
AB172,1,7 1An Act to repeal 100.52 (1) (e) and 100.52 (2); to renumber 100.52 (3) (b) and
2100.52 (9); to renumber and amend 100.52 (3) (a); to amend 20.115 (1) (im),
320.115 (8) (jm), 100.52 (4) (a) 2., 100.52 (4) (b) 1. and 100.55 (3) (b) 3.; to repeal
4and recreate
100.52 (9) (title); and to create 100.52 (1) (c), 100.52 (1) (fm),
5100.52 (1m), 100.52 (4) (b) 3., 100.52 (8) and 100.52 (9) (a) of the statutes;
6relating to: the prohibition on telephone solicitations to residential customers,
7granting rule-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 or text message for the purpose of
encouraging the recipient of the telephone call or text message to purchase property,
goods, or services. Current law generally prohibits a telephone solicitor, or employee
or contractor of a telephone solicitor, from making a telephone solicitation to a
residential customer if the customer's landline or wireless telephone number is
included in a nonsolicitation directory maintained by the Department of Agriculture,
Trade and Consumer Protection (DATCP), which lists residential customers who do
not wish to receive telephone solicitations. Current law exempts the following from
the prohibition: 1) telephone solicitations made by nonprofit organizations; 2)
telephone solicitations made in response to a recipient's request; and 3) telephone

solicitations made to current clients of the person selling property, goods, or services
that are the reason for the solicitation. Current law requires DATCP to promulgate
rules requiring that telephone solicitors register with DATCP and pay initial
registration and annual registration renewal fees to DATCP, which DATCP must use
for establishing and maintaining the nonsolicitation directory, as well as for
consumer protection, information, and education. Current law prohibits a telephone
solicitor who is not registered from requiring that employees or contractors make
telephone solicitations in this state. Current law also provides that if a residential
customer does not biennially renew his or her listing in the nonsolicitation directory,
DATCP must eliminate the customer's telephone number from the directory.
Federal law also regulates telephone solicitations by authorizing the Federal
Trade Commission (FTC) to prohibit deceptive and abusive telemarketing acts or
practices. Under that authority, the FTC has promulgated a regulation that, with
certain exceptions, prohibits a telemarketer from initiating a telephone call
encouraging the purchase of goods or services if the recipient's telephone number is
on a national "do-not-call" registry maintained by the FTC that consists of the
telephone numbers of persons who do not wish to receive such calls. One of the
exceptions applies to telemarketing calls to businesses. Federal law requires
telemarketers to pay annual fees in order to access the registry. The FTC allows a
person to add a landline or wireless telephone number to the registry through a
toll-free number or over the Internet. Under federal law, inclusion of a telephone
number in the registry is permanent and a person is not required to periodically
renew the inclusion. However, a person may remove a telephone number from the
registry and the FTC must periodically review the registry and remove telephone
numbers that have been disconnected or reassigned to another person.
This bill eliminates the state's nonsolicitation directory and instead prohibits
a telephone solicitor, or employee or contractor of a telephone solicitor, from making
a telephone solicitation, as defined under current state law, to a landline or wireless
telephone number that is included on a "state do-not-call registry," which the bill
defines as the portion of the national do-not-call registry that consists of telephone
numbers with Wisconsin area codes. The bill allows DATCP to cooperate with the
FTC to add telephone numbers that were in the state's nonsolicitation directory to
the national do-not-call registry. The bill's prohibition is subject to the same
exemptions as the prohibition under current state law. The bill requires DATCP to
publicize the procedures for a residential customer to add a telephone number to the
national do-not-call registry.
The bill also provides that the initial registration and annual registration
renewal fees that are paid by telephone solicitors must be used for DATCP's
administration and enforcement of the requirements applicable to telephone
solicitors, as well as for consumer protection, information, and education. The bill
allows DATCP to base the amount of a fee that a telephone solicitor must pay on a
methodology established by rule, in addition to basing the amount on the number of
telephone lines used by the telephone solicitor to make solicitations, which is the
basis allowed under current law. In addition, the bill requires that DATCP's rules
require a telephone solicitor to provide DATCP with proof that the telephone solicitor

has complied with federal law in obtaining copies or updated versions of the state
do-not-call registry. The proof must be provided upon initial registration and
annual renewal, as well as any other time upon DATCP's request. Finally, the bill
prohibits a telephone solicitor from using or possessing a copy or updated version of
the state do-not-call registry that the telephone solicitor has obtained in violation
of federal law.
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:
AB172, s. 1 1Section 1. 20.115 (1) (im) of the statutes is amended to read:
AB172,3,52 20.115 (1) (im) Consumer protection; telephone solicitor fees. The amounts in
3the schedule from telephone solicitor registration and registration renewal fees paid
4under the rules promulgated under s. 100.52 (3) (a), for consumer protection and
5consumer information and education.
AB172, s. 2 6Section 2. 20.115 (8) (jm) of the statutes is amended to read:
AB172,3,117 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) not appropriated under sub. (1) (im) for
10establishing and maintaining the nonsolicitation directory under administering and
11enforcing
s. 100.52 (2).
AB172, s. 3 12Section 3. 100.52 (1) (c) of the statutes is created to read:
AB172,3,1613 100.52 (1) (c) "National do-not-call registry" means the national database
14established by the federal trade commission under 47 USC 227 (c) (3) that consists
15of telephone numbers of residential customers who object to receiving telephone
16solicitations.
AB172, s. 4 17Section 4. 100.52 (1) (e) of the statutes is repealed.
AB172, s. 5 18Section 5. 100.52 (1) (fm) of the statutes is created to read:
AB172,4,2
1100.52 (1) (fm) "State do-not-call registry" means the portion of the national
2do-not-call registry that consists of telephone numbers with Wisconsin area codes.
AB172, s. 6 3Section 6. 100.52 (1m) of the statutes is created to read:
AB172,4,74 100.52 (1m) National do-not-call registry. The department may cooperate
5with the federal trade commission to add telephone numbers included in the
6nonsolicitation directory, as defined in s. 100.52 (1) (e), 2011 stats., to the national
7do-not-call registry.
AB172, s. 7 8Section 7. 100.52 (2) of the statutes is repealed.
AB172, s. 8 9Section 8. 100.52 (3) (a) of the statutes is renumbered 100.52 (3) and amended
10to read:
AB172,5,311 100.52 (3) Registration of telephone solicitors. The department shall
12promulgate rules that require any telephone solicitor who requires an employee or
13contractor to make a telephone solicitation to a residential customer in this state to
14register with the department, obtain a registration number from the department,
15and pay a an initial registration fee and an annual registration renewal fee to the
16department. The amount of the registration fee shall be based on the cost of
17establishing the nonsolicitation directory, and the
amount that an individual
18telephone solicitor is required to pay shall be based on the number of telephone lines
19used by the telephone solicitor to make telephone solicitations or some other
20methodology established by the department by rule
. The rules shall also require a
21telephone solicitor that registers with the department to pay an annual registration
22renewal fee to the department
, at the time of initial registration, the time of annual
23renewal, and any other time upon request of the department, provide the department
24with proof that the telephone solicitor has complied with federal law in obtaining
25copies and updated versions of the state do-not-call registry
. The amount of the

1registration renewal fee fees shall be based on the cost of maintaining the
2nonsolicitation directory
amount required to administer and enforce this section and
3to provide the amounts appropriated under s. 20.115 (1) (im)
.
AB172, s. 9 4Section 9. 100.52 (3) (b) of the statutes is renumbered 100.52 (4) (d).
AB172, s. 10 5Section 10. 100.52 (4) (a) 2. of the statutes is amended to read:
AB172,5,96 100.52 (4) (a) 2. Make a telephone solicitation to a residential customer if the
7nonsolicitation directory that is provided or made available to the telephone solicitor
8under sub. (2) (d) includes a listing for the residential customer
telephone number
9that, at the time the solicitation is made, is listed on the state do-not-call registry
.
AB172, s. 11 10Section 11. 100.52 (4) (b) 1. of the statutes is amended to read:
AB172,5,1311 100.52 (4) (b) 1. Require an employee or contractor to make a telephone
12solicitation to a person in this state unless the telephone solicitor is registered with
13the department under the rules promulgated under sub. (3) (a).
AB172, s. 12 14Section 12. 100.52 (4) (b) 3. of the statutes is created to read:
AB172,5,1715 100.52 (4) (b) 3. Use or possess a copy or updated version of the state
16do-not-call registry that the telephone solicitor has obtained in violation of federal
17law.
AB172, s. 13 18Section 13. 100.52 (8) of the statutes is created to read:
AB172,5,2019 100.52 (8) Rules. The department may promulgate rules to administer and
20enforce this section.
AB172, s. 14 21Section 14. 100.52 (9) (title) of the statutes is repealed and recreated to read:
AB172,5,2222 100.52 (9) (title) Department duties.
AB172, s. 15 23Section 15. 100.52 (9) of the statutes is renumbered 100.52 (9) (b).
AB172, s. 16 24Section 16. 100.52 (9) (a) of the statutes is created to read:
AB172,6,2
1100.52 (9) (a) The department shall publicize the procedures for a residential
2customer to add a telephone number to the national do-not-call registry.
AB172, s. 17 3Section 17. 100.55 (3) (b) 3. of the statutes is amended to read:
AB172,6,84 100.55 (3) (b) 3. Knowingly or negligently utilizing information regarding
5consumers who have made an election under 15 USC 1681b (e) to be excluded from
6prescreened consumer reports, or who have registered their telephone numbers on
7the national do-not-call registry as provided in 47 CFR 64.1200, or who are listed
8in the nonsolicitation directory under s. 100.52 (2)
.
AB172, s. 18 9Section 18. Effective date.
AB172,6,1110 (1) This act takes effect on the first day of the 4th month beginning after
11publication.
AB172,6,1212 (End)
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