ADMINISTRATIVE RULES
FISCAL ESTIMATE
AND ECONOMIC IMPACT ANALYSIS
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Type of Estimate and Analysis
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X Original ⍽ Updated ⍽ Corrected
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Administrative Rule Chapter, Title and Number
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Ch. ATCP 127, Direct Marketing
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Subject
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Telephone Solicitations; No-Call List
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Fund Sources Affected
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Chapter 20, Stats. Appropriations Affected
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⍽ GPR ⍽ FED X PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
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20.115 (8) (jm)
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Fiscal Effect of Implementing the Rule
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⍽ No Fiscal Effect
⍽ Indeterminate
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⍽ Increase Existing Revenues
X Decrease Existing Revenues
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⍽ Increase Costs
⍽ Could Absorb Within Agency's Budget
⍽ Decrease Costs
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The Rule Will Impact the Following (Check All That Apply)
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⍽ State's Economy
⍽ Local Government Units
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X Specific Businesses/Sectors
⍽ Public Utility Rate Payers
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Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes
X No
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Policy Problem Addressed by the Rule
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Section 100.52, Stats., established the Wisconsin no call program in 2001. DATCP promulgated chapter ATCP 127, subchapter V., in 2002. This law required the department to create a no-call list and prohibited telephone solicitors from calling residential customers on the list. Residential customers who did not want to receive unsolicited commercial calls provided their telephone number and zip code to DATCP every two years to remain on the non-solicitation list.
The law also requires the department to enact a rule that requires solicitors to register with DATCP and pay an annual or quarterly fee to obtain the no-call list and to solicit residential customers located in Wisconsin.
The no call law provides exceptions to the prohibition against calls made to Wisconsin residents by an unregistered solicitor. For example, calls made to current clients, calls made to persons who have consented to receive the call, and calls made on behalf of non-profit and political organizations, may be made by solicitors who have not registered with the department.
The law also prohibits telephone solicitors from making pre-recorded telephone solicitations to either residential or business customers, and from making telephone calls to business customers who ask them in writing to not make the calls.
The law was amended in 2008 to prohibit telephone solicitors from calling cell phones on the state no call list. The law was amended in 2012 to prohibit telephone solicitors from sending text messages to texting residential customers on the state no call list.
The Federal Trade Commission (FTC) maintains a federal do-not-call registry. Under the federal do-not-call program, Wisconsin residents have been able to register their numbers on that list permanently.
The Wisconsin no call law was most recently amended by 2013 Act 234 which has eliminated the separate, DATCP-maintained Wisconsin no-call list. As of August 1, 2014, Wisconsin residents who do not want to receive unsolicited telephone calls or texts from telemarketers will now only sign up on the FTC do-not-call registry without any need to reapply, and all telephone numbers on the existing Wisconsin no-call list will be transferred to that registry. Under the new state law, telephone solicitors must register with the FTC and obtain and follow the Wisconsin portion of the federal do-not-call registry (“state do-not-call registry"). Solicitors must also continue to register with DATCP and DATCP will continue to administer and enforce the Wisconsin no call law. ATCP 127 must be updated to reflect the recent statutory changes and to make other minor changes.
This rule revision does all of the following:
• Establishes updated registration requirements for telephone solicitors.
• Repeals portions of the rule made obsolete under the statute change.
• Updates recordkeeping requirements.
• Interprets Wisconsin's consent requirement to harmonize with federal requirements.
• Makes other minor updates and changes including corrections to mistaken citations.
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Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
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This rule updates current rules related to direct marketing and telephone solicitations. This rule modifies and clarifies existing rule language to facilitate consistency, understanding, compliance, and efficiency with other state and federal regulations.
Local Governments
This rule will not impact local governments. Local governments will not have any implementation or compliance costs.
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Telephone Solicitors
Under s. 100.52, Stats., and this rule, telephone solicitors will be required to register with DATCP and also with the FTC. Most telephone solicitors have been registered with both DATCP and the FTC and will not be impacted by this requirement. The few solicitors who have only registered with DATCP will incur an additional registration fee with the FTC. The first five area codes in a national do-no-call registry subscription are free, so this annual access fee would be $59 for the 6th Wisconsin area code.
Offsetting this added fee, telephone solicitors will no longer be required to pay the following fees:
• $25 for each additional email address to receive a compact disc containing the no-call list.
• $25 for each mailing address to receive a compact disc containing the no-call list.
• $1,000 for each mailing address to receive the no-call list in a hard-copy printed form.
Currently, persons making telephone solicitations, regardless of whether they may be required to register under the Wisconsin No Call law, are required under ATCP 127, subchapter II, to keep certain records necessary to enforce the general direct marketing rules. The recordkeeping requirements in this proposed rule may increase the number of records businesses keep and store, which may have some financial cost associated with it.
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Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
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Benefits
This rule will benefit telephone solicitors and the general public.
Telephone Solicitors
This rule and DATCP's administrative efforts related to the rule benefit large and small businesses alike. For example:
• DATCP publishes a fact-sheet for solicitors, clearly explaining the requirements and prohibitions contained in the rule.
• DATCP administers and enforces violations of the rule which ensures a level playing field for all businesses.
General Public
The general public will benefit from this rule. The changes to the do-not-call program will enable consumers to sign-up on the national do-no-call registry permanently, rather than having to renew their registration every two years. In addition, the rule specifies what constitutes consumer consent to receive calls if a number is on the state do-not-call registry. The rule also creates recordkeeping requirements for businesses that will enable the department to investigate complaints about do-not-call registry violations more easily.
Alternatives
This rule is designed to harmonize the existing rule with recent changes to s. 100.52, stats. DATCP is required, by statute, to establish registration requirements for telephone solicitors by rule. In addition, changes being proposed to clarify and correct existing regulations should be adopted or outdated and incorrect rule language will remain.
Provisions being established to create standards for written consent and recordkeeping requirements will better protect consumers and aid in the investigation of complaints. The department could not adopt those proposed rules, which would result in continued consumer frustration related to receiving unwanted telephone calls. In addition, the department would continue its current enforcement procedures to obtain telephone solicitor records, which can be time consuming and difficult.
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Long Range Implications of Implementing the Rule
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Implementing the rule will increase consumer satisfaction with the do-not-call registry as it will allow consumers to register their phone numbers permanently, rather than having to renew registration every two years. The rule will also enhance DATCP's ability to investigate complaints and enforce the law.
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Compare With Approaches Being Used by Federal Government
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The Federal Trade Commission (FTC) and Federal Communications Commission (FCC) administer the Telephone Consumer Protection Act (TCPA). This act established the national do-not-call registry. Residential customers can permanently register their telephone numbers on the federal do-not-call registry.
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Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
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Many states have do-not-call programs. Several states, like Wisconsin, maintain their own do-not-call list. Others, including Illinois, Michigan, and Minnesota, have laws allowing for state enforcement of do-not-call provisions, but rely on the FTC's registry rather than maintaining their own. Iowa encourages its residents to sign up on the federal do-not-call registry.
Comments Received in Response to Web Posting and DATCP Response
No comments were received in response either to the posting on the DATCP external website or the statewide administrative rules website.
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STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
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Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
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ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
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1. Type of Estimate and Analysis
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X Original
⍽ Updated
⍽ Corrected
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2. Administrative Rule Chapter, Title and Number
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SPS 305 Licenses, Certifications and Registrations
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3. Subject
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Registration of Master Electricians
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4. Fund Sources Affected
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5. Chapter 20, Stats., Appropriations Affected
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⍽ GPR
⍽ FED
X PRO
⍽ PRS ⍽ SEG ⍽ SEG-S
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20.165 (2) (j)
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6. Fiscal Effect of Implementing the Rule
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⍽ No Fiscal Effect
⍽ Indeterminate
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⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
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X Increase Costs
X Could Absorb Within Agency's Budget
⍽ Decrease Cost
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7. The Rule Will Impact the Following (Check All That Apply)
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⍽ State's Economy
⍽ Local Government Units
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⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
⍽ Small Businesses (if checked, complete Attachment A)
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8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes X No
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9. Policy Problem Addressed by the Rule
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As required by 2013 Wisconsin Act 143, these rule revisions establish a registration process for electricians who were born on or before January 1, 1956; and who have at least 15 years of experience in installing, repairing, or maintaining electrical wiring. This process includes submitting proof of having this age and experience – and includes exemption from the following licensing requirements that the Department applies to other electricians: initial examination, continuing education, credential renewal, being supervised, and having someone else be responsible for some of the electrical work. The process also includes allowing these registered electricians to do any electrical work that is otherwise limited to master electricians, such as supervising other electricians and being responsible for the work of other electricians.
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10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
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The Department posted the proposed rule revisions on the Internet for 14 days along with a notice to provide any comments within that period about any potential economic impacts. No resulting comments were received from these parties.
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11. Identify the local governmental units that participated in the development of this EIA.
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Same as number 10.
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12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
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No significant negative economic or fiscal impact is expected.
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13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
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The electricians who meet the age and experience requirements should no longer be unsure of how to become registered and of what they can or need to do after becoming registered – and local governments should no longer be unsure of how to treat them.
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14. Long Range Implications of Implementing the Rule
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Same as number 13.
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15. Compare With Approaches Being Used by Federal Government
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See comparison in the rule analysis that accompanies the rule revisions.
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16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
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See comparison in the rule analysis that accompanies the rule revisions.
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17. Contact Name
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18. Contact Phone Number
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Sam Rockweiler
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608-266-0797
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