CR_14-049 Revises Chapter SPS 305, relating to registration of electricians who are exempt from passing an examination and from acquiring continuing-education credits.

This rule updates registration requirements for telephone solicitors. This rule requires telephone solicitors to provide DATCP with proof of registration with the FTC and the ability to obtain updated do-not-call registry information. The federal Subscription Account Number (SAN) will serve as proof of registration.

Obsolete rule provisions

This rule repeals sections of the existing rule that became obsolete as a result of the statutory change. Sections of the rule that are repealed include those requiring consumers to register for the no-call list with DATCP and DATCP to provide the no-call list to telephone solicitors on a quarterly basis.

Recordkeeping requirements

The proposed rule extends recordkeeping requirements from two to three years and adds requirements for telephone solicitors to keep records of the numbers called and proof of consent from consumers on the state do-not-call registry to receive calls or texts. These changes will make the rule more consistent with the statute of limitations and enhance investigations of complaints and enforcement of violations of the rule.

Consent requirement

The FTC requires express written consent for telephone solicitors to call or text numbers registered on the federal do-not-call registry. The proposed rule harmonizes Wisconsin's rule with the federal standard.

Other changes

The proposed rule makes other minor clarifying and corrective changes to the rule.

Small business affected

This rule affects businesses in the following ways:

Telephone solicitors that are currently registered with DATCP but not with the FTC.

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 6 th 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.

Recordkeeping requirements

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.

Accommodation for Small Business

Many of the businesses affected by this rule are "small businesses." However, given the subject matter, there are very few accommodations or special exceptions that can be made for small businesses.

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.

Conclusion

This rule will have minimal impact affected businesses, including "small businesses." Negative effects , if any, will be few and limited. This rule will not have a significant adverse effect on "small business," and is not subject to the delayed "small business" effective date provided in s. 227.22 (2) (e) , Stats.

ADMINISTRATIVE RULES FISCAL ESTIMATE AND ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
Administrative Rule Chapter, Title and Number
Ch. ATCP 127, Direct Marketing
Subject
Telephone Solicitations; No-Call List
Fund Sources Affected			Chapter 20, Stats. Appropriations Affected
⍽ GPR ⍽ FED X PRO ⍽ PRS ⍽ SEG ⍽ SEG-S			20.115 (8) (jm)
Fiscal Effect of Implementing the Rule
⍽ No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues X Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Costs
The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		X Specific Businesses/Sectors ⍽ Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
Policy Problem Addressed by the Rule
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.

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)

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.

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 6 th 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.

Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule

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.

Long Range Implications of Implementing the Rule

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.

Compare With Approaches Being Used by Federal Government

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.

Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )

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.

Notice of Hearings

Safety and Professional Services

General Part I, Chs. SPS 301—319

CR 14-049

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services in sections 101.862 (5) and 227.11 (2) (a) of the Wisconsin Statutes, and interpreting sections 101.82 (1r) and 101.862 (3) and (5) of the Statutes, the Department will hold a public hearing at the time and place shown below to consider an order to amend section SPS 305.40 (2) (b) , (3) (b) , (4) (a) 1. , (b) , (c) , and (d) 1. , and (5) , and to create sections SPS Table 305.02 Row 24r, Table 305.06 Row 19r, 305.40 (1) (bm), and 305.437, relating to registration of electricians who are exempt from passing an examination and from acquiring continuing-education credits. As provided in s. 227.24 (4) of the Statutes, this hearing will also be for emergency rules that identically address this chapter SPS 305 criteria.

Hearing Information

Date:   Friday, September 12, 2014
Time:   Commencing at 10:00 a.m.
Location:   1400 East Washington Avenue
  (Enter at 55 North Dickinson street)
  Room 121A
  Madison, WI

Appearance at the Hearing and Copies of Proposed Rule

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions, and arguments in writing as well. Facts, opinions, and arguments may also be submitted in writing without a personal appearance, by e-mail to [e-mail] or by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366. Written comments must be received at or before the public hearing to be included in the record of rulemaking proceedings.

The proposed rulemaking order and permanent rules and an analysis of the rules follow. Copies of the emergency rules and the proposed permanent rules are also available upon request to the Rules Coordinator shown above, or on the Department's website at http://dsps.wi.gov/Default.aspx?Page=44e541e8-abdd-49da-8fde-046713617e9e , through links to SPS 305: Licensing electricians.

Place Where Comments are to be Submitted and Deadline for Submission

Comments may be submitted to the agency contact person as listed immediately below. Comments must be received on or before September 12, 2014 , to be included in the record of rulemaking proceedings.

Sam Rockweiler, Rules Coordinator, at the Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI, 53708-8366; or at telephone [phone]; or by e-mail at [e-mail] ; or by telecommunications relay services at 711.

Proposed Order

An order of the Department of Safety and Professional Services to amend section SPS 305.40 (2) (b) , (3) (b) , (4) (a) 1. , (b) , (c) , and (d) 1. , and (5) , and to create sections SPS Table 305.02 Row 24r, Table 305.06 Row 19r, 305.40 (1) (bm), and 305.437, relating to registration of electricians who are exempt from passing an examination and from acquiring continuing-education credits.

Analysis Prepared by the Department of Safety and Professional Services

Statutes interpreted

Sections 101.82 (1r) and 101.862 (3) and (5) , Stats.

Statutory authority

Sections 101.862 (5) and 227.11 (2) (a) , Stats.

Explanation of agency authority

Section 101.862 (5) (b) , Stats., requires the Department to promulgate rules establishing criteria and procedures for issuing licenses to 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. Under section 101.862 (5) (a) , Stats., these criteria are not to include any of 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 any of the electrical work.

Section 227.11 (2) (a) , Stats., authorizes the Department to promulgate rules interpreting any statute that is enforced or administered by the Department, if the rule is considered necessary to effectuate the purpose of the statute.

Related statute or rule

Chapter SPS 316 contains Wisconsin's statewide requirements for installing electrical and communication conductors and equipment for public or private buildings and places of employment.

Plain language analysis

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 registration process includes submitting proof of meeting the age and experience requirements — 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.

This registration process also includes allowing these registered electricians to do any electrical work that is otherwise limited to master electricians, such as supervising other electricians or being responsible for the work of other electricians.

Summary of, and comparison with, existing or proposed federal regulation

An Internet search of U.S. federal regulations and the U.S. Federal Register yielded no results regarding licensure of electricians.

Comparison with rules in adjacent states

An Internet search of state-level rules for electrical licensure in the adjacent states yielded the following results:

Illinois: Illinois does not license or certify electricians or electrical contractors at the state level. Electrical licensing and certification is at the discretion of the local municipality.

Iowa: As of January 1, 2008, Iowa requires electrical contractors and electricians to be state-licensed. License types for electricians include Class A and Class B master, Class A and Class B journeyman, apprentice, unclassified, and special. Examination is required for Class A licenses. No exemption was found relating to age and experience.

Michigan: Michigan law requires licensing of electrical contractors and electricians. Examinations and state residency are required. Michigan also provides a number of licensing exemptions similar to those addressed under section 101.862 (4) of the Statutes, but no exemption was found relating to age and experience.

Minnesota: Minnesota law dictates that electrical work be performed by state-licensed electrical contractors and electricians or under the direct supervision of licensed electricians. Examinations and prerequisite experience are required, but no exemption was found relating to age and experience.

Summary of factual data and analytical methodologies

The proposed rules were developed by reviewing the corresponding provisions of 2013 Wisconsin Act 143 in conjunction with the current electrical credential rules in chapter SPS 305.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis

The proposed rules implement the mandates imposed by 2013 Wisconsin Act 143 . The Department does not believe that the proposed rules will increase the effect on small businesses over that imposed by the Act.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis is below.

Effect on Small Business

These rule revisions are not expected to have an economic impact on small businesses as defined in section 227.114 (1) of the Statutes. The Department's Regulatory Review Coordinator may be contacted by e-mail at [e-mail] , or by calling [phone].

Agency Contact Person

Sam Rockweiler, Rules Coordinator, at the Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI, 53708-8366; or at telephone [phone]; or by e-mail at [e-mail] ; or by telecommunications relay services at 711.

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
SPS 305 Licenses, Certifications and Registrations
3. Subject
Registration of Master Electricians
4. Fund Sources Affected			5. Chapter 20, Stats., Appropriations Affected
⍽ GPR   ⍽ FED   X PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S			20.165 (2) (j)
6. Fiscal Effect of Implementing the Rule
⍽ No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		X Increase Costs X Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
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.
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.
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.
11. Identify the local governmental units that participated in the development of this EIA.
Same as number 10.
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)
No significant negative economic or fiscal impact is expected.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
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.
14. Long Range Implications of Implementing the Rule
Same as number 13.
15. Compare With Approaches Being Used by Federal Government
See comparison in the rule analysis that accompanies the rule revisions.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
See comparison in the rule analysis that accompanies the rule revisions.
17. Contact Name				18. Contact Phone Number
Sam Rockweiler				608-266-0797

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