AB766: Bill Text

LRB-4455/1

MDK:cmh:km

1999 - 2000 LEGISLATURE

1999 Assembly BILL 766

February 17, 2000 - Introduced by Representatives Pettis, Hahn, Musser, Hutchison and Jensen, cosponsored by Senators Baumgart and Rosenzweig. Referred to Committee on Judiciary and Personal Privacy.

AB766,1,3 An Act to amend 100.264 (2) (intro.); and to create 100.52 of the statutes; relating to: prohibiting telephone solicitations during certain hours and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill prohibits a person from making a telephone solicitation between 5 p.m. and 7 p.m., central time. The department of agriculture, trade, and consumer protection has enforcement authority for the prohibition. A "telephone solicitation" is defined as the unsolicited initiation of a telephone conversation for the purpose of encouraging a person to purchase property, goods or services. The bill's prohibition applies to any interstate telephone solicitation received by a person in this state and any intrastate telephone solicitation. A person who violates the prohibition is subject to a forfeiture of no more than $500, except that, under certain circumstances, if the telephone solicitation was made to an elderly or disabled person, the person may be subject to a supplemental forfeiture of no more than $10,000.

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:

AB766, s. 1 Section 1. 100.264 (2) (intro.) of the statutes is amended to read:

AB766,2,9 100.264 (2) Supplemental forfeiture. (intro.) If a fine or a forfeiture is imposed on a person for a violation under s. 100.16, 100.17, 100.18, 100.182, 100.183, 100.20, 100.205, 100.207, 100.21, 100.30 (3), 100.35, 100.44 or, 100.46 or 100.52 or a rule promulgated under one of those sections, the person shall be subject to a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the defendant, for which the violation was imposed, was perpetrated against an elderly person or disabled person and if the court finds that any of the following factors is present:

AB766, s. 2 Section 2. 100.52 of the statutes is created to read:

AB766,2,12 100.52 Telephone solicitations. (1) Definition. In this section, "telephone solicitation" has the meaning given in s. 134.72 (1) (c).

AB766,2,14 (2) Prohibition. No person may make a telephone solicitation between the hours of 5 p.m. and 7 p.m., central time.

AB766,2,15 (3) Penalty. A person who violates this section may forfeit no more than $500.

AB766,2,18 (4) Territorial application. This section applies to any interstate telephone solicitation that is received by a person in this state and any intrastate telephone solicitation.

AB766,2,19 (End)