LRBb1292/1
RJM/JEO/RNK:jlg:kjf
1999 - 2000 LEGISLATURE
ASSEMBLY AMENDMENT 20,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1999 ASSEMBLY BILL 133
June 29, 1999 - Offered by Representative Schneider.
AB133-ASA1-AA20,1,5
4134.73 Telephone solicitation by prisoners. (1) Definitions. In this
5section:
AB133-ASA1-AA20,1,86
(a) "Charitable organization" means an organization that is described in
7section
501 (c) (3) of the Internal Revenue Code and that is exempt from taxation
8under section
501 (a) of the Internal Revenue Code.
AB133-ASA1-AA20,1,109
(b) "Correctional facility" means a facility in which a person is incarcerated to
10serve a sentence imposed for a conviction for a crime.
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1(c) "Telephone solicitation" means the unsolicited initiation of a telephone
2conversation for the purpose of encouraging a person to purchase property, goods or
3services or to make a contribution to a charitable organization.
AB133-ASA1-AA20,2,8
4(2) Prohibitions. No prisoner in a correctional facility may conduct a telephone
5solicitation unless the prisoner immediately identifies himself or herself as a
6prisoner, states his or her name and the name and location of his or her correctional
7facility and states the name of the person on whose behalf he or she is conducting the
8telephone solicitation.
AB133-ASA1-AA20,2,11
9(3) Territorial application. This section applies to an intrastate telephone
10solicitation and to an interstate telephone solicitation directed to or received by a
11person in this state.
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12(4) Penalty; enforcement. (a) A person who violates sub. (2) shall forfeit
13$10,000 for each violation.
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(b) The attorney general and the district attorneys of this state have concurrent
15authority to institute civil proceedings under this section.
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(c) 1. In addition to or in lieu of seeking the penalty under par. (a), the attorney
17general or a district attorney may institute injunctive proceedings to enforce sub. (2).
AB133-ASA1-AA20,2,1918
2. A person who violates the terms of an injunction issued under subd. 1. shall
19forfeit $10,000 for each violation.".
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22138.25 Credit card records. (1) Definitions. In this section:
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(a) "Cardholder" has the meaning given in s. 943.41 (1) (b).
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(b) "Consumer report" has the meaning given in
15 USC 1681a (d).
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1(c) "Consumer reporting agency" has the meaning given in
15 USC 1681a (f).
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(d) "Financial transaction card" has the meaning given in s. 943.41 (1) (em).
AB133-ASA1-AA20,3,6
3(2) Disclosure prohibited. Except as provided in sub. (3), a person may not
4disclose to another person, for money or anything else of value, any information or
5data about a cardholder who is a resident of this state that is obtained by the person
6from financial transaction card transaction records.
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7(3) Exceptions. A person may disclose information about a cardholder if any
8of the following apply:
AB133-ASA1-AA20,3,109
(a) The disclosure is made to a consumer reporting agency for purposes of a
10consumer report.
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(b) The disclosure is made to the cardholder.
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(c) The disclosure is made to or by persons that are affiliated with the issuer
13of the financial transaction card by common ownership or control solely for the
14purpose of performing functions for or on behalf of the issuer. The affiliated person
15may not disclose any information received pursuant to this paragraph to a person
16other than the issuer, unless the issuer could make the disclosure under this section.
AB133-ASA1-AA20,3,2117
(d) If the issuer of the financial transaction card is a retailer, the disclosure is
18made to or by contractors or agents of the issuer for the purposes of performing
19functions for or on behalf of the issuer. The contractor or agent may not disclose any
20information received pursuant to this paragraph to a person other than the issuer,
21unless the issuer could make the disclosure under this section.
AB133-ASA1-AA20,3,24
22(4) Forfeiture. A person who violates sub. (2) may be required to forfeit not
23more than $10,000 for each violation. Each disclosure of information or data about
24one cardholder constitutes a separate violation.
AB133-ASA1-AA20,4,3
1(5) Injunction. The department of justice may commence an action in circuit
2court in the name of the state to restrain by temporary or permanent injunction any
3act or practice constituting a violation of sub. (2).".
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(a) "Financial transaction card" has the meaning given in s. 943.41".
AB133-ASA1-AA20,4,10
7"(b) "Personal information" includes an individual's address, telephone
8number, marital status, gender, race, religious affiliation, date or place of birth, place
9of or type of employment or any other information that may be used to identify an
10individual.".
AB133-ASA1-AA20,4,16
15"
Section 2822v. Subchapter VI of chapter 422 [precedes 422.601] of the
16statutes is created to read:
AB133-ASA1-AA20,4,1918
Subchapter vi
19
consumer reporting agencies
AB133-ASA1-AA20,4,20
20422.601 Definitions. In this subchapter:
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21(1) "Consumer report" has the meaning given in
15 USC 1681a (d).
AB133-ASA1-AA20,4,22
22(2) "Consumer reporting agency" has the meaning given in
15 USC 1681a (f).
AB133-ASA1-AA20,4,23
23(3) "File" has the meaning given in
15 USC 1681a (g).
AB133-ASA1-AA20,5,2
1(4) "Investigative consumer report" has the meaning given in
15 USC 1681a 2(e).
AB133-ASA1-AA20,5,4
3(5) "Summary of rights" means the information a consumer reporting agency
4is required to provide under
15 USC 1681g (c).
AB133-ASA1-AA20,5,8
5422.602 Disclosure to individual. (1)
In general. A consumer reporting
6agency shall, upon the written request of an individual, provide the individual with
7a written disclosure report within 5 business days after receiving the written
8request.
AB133-ASA1-AA20,5,10
9(2) Contents. The written disclosure report provided under sub. (1) shall
10contain all of the following:
