LRB-0307/1
MGG:kg:ijs
1999 - 2000 LEGISLATURE
February 3, 1999 - Introduced by Senators Risser, Huelsman, Burke, Baumgart,
Erpenbach, Plache, Breske, Darling
and Roessler, cosponsored by
Representatives Meyer, Plouff, Krug, Handrick, Pocan, Hahn, Miller,
Albers, Sinicki, Turner, Wood, Colon, Gunderson, Boyle, Bock
and Powers.
Referred to Committee on Privacy, Electronic Commerce and Financial
Institutions.
SB33,1,4 1An Act to renumber 134.72 (1) (a); to amend 134.72 (title), 134.72 (3) (a), 134.72
2(3) (b), 767.265 (2r) and 968.01 (1); to repeal and recreate 767.265 (2r); and
3to create 134.72 (1) (ag) and 134.72 (2) (c) of the statutes; relating to:
4unsolicited messages transmitted by electronic mail.
Analysis by the Legislative Reference Bureau
Current law restricts the transmittal of unsolicited documents by facsimile
machine that encourage persons to purchase property, goods or services. These
restrictions prohibit the transmittal of unsolicited documents that are more than one
page to persons with whom the person sending the documents has not had a prior
business relationship.
This bill expands this coverage to include the transmittal of unsolicited
messages by electronic mail.
For further information see the state and local 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:
SB33, s. 1 5Section 1. 134.72 (title) of the statutes is amended to read:
SB33,2,2
1134.72 (title) Prohibition of certain unsolicited messages by telephone
2or facsimile machine
and documents.
SB33, s. 2 3Section 2. 134.72 (1) (a) of the statutes is renumbered 134.72 (1) (am).
SB33, s. 3 4Section 3. 134.72 (1) (ag) of the statutes is created to read:
SB33,2,75 134.72 (1) (ag) "Electronic mail solicitation" means the unsolicited
6transmission of a message by electronic mail for the purpose of encouraging a person
7to purchase property, goods or services.
SB33, s. 4 8Section 4. 134.72 (2) (c) of the statutes is created to read:
SB33,2,119 134.72 (2) (c) Electronic mail solicitation. 1. A person may not make an
10electronic mail solicitation without the consent of the person solicited unless all of
11the following apply:
SB33,2,1312 a. The message transmitted, if printed, does not exceed one page in length and
13is received by the person solicited after 9 p.m. and before 6 a.m.
SB33,2,1514 b. The person making the electronic mail solicitation has had a previous
15business relationship with the person solicited.
SB33,2,1816 2. Notwithstanding subd. 1., a person may not make a electronic mail
17solicitation to a person who has notified the solicitor in writing or by electronic mail
18that the person does not want to receive an electronic mail solicitation.
SB33, s. 5 19Section 5. 134.72 (3) (a) of the statutes is amended to read:
SB33,2,2220 134.72 (3) (a) Intrastate. This section applies to any intrastate telephone
21solicitation or, intrastate facsimile solicitation or intrastate electronic mail
22solicitation
.
SB33, s. 6 23Section 6. 134.72 (3) (b) of the statutes is amended to read:
SB33,3,3
1134.72 (3) (b) Interstate. This section applies to any interstate telephone
2solicitation, or interstate facsimile solicitation, received by a person in this state that
3is a telephone solicitation, a facsimile solicitation or an electronic mail solicitation
.
SB33, s. 7 4Section 7. 767.265 (2r) of the statutes is amended to read:
SB33,3,185 767.265 (2r) Upon entry of each order for child support, maintenance, family
6support or support by a spouse and upon approval of each stipulation for child
7support, unless the court finds that income withholding is likely to cause the payer
8irreparable harm or unless s. 767.267 applies, the court shall provide notice of the
9assignment by regular mail or by facsimile machine, as defined in s. 134.72 (1) (a)
10(am), or other electronic means to the last-known address of the person from whom
11the payer receives or will receive money. The notice shall provide that the amount
12withheld may not exceed the maximum amount that is subject to garnishment under
1315 USC 1673 (b) (2). If the clerk of court or support collection designee, whichever
14is appropriate, does not receive the money from the person notified, the court shall
15provide notice of the assignment to any other person from whom the payer receives
16or will receive money. Notice under this subsection may be a notice of the court, a
17copy of the executed assignment or a copy of that part of the court order directing
18payment.
SB33, s. 8 19Section 8. 767.265 (2r) of the statutes, as affected by 1997 Wisconsin Act 191
20and 1999 Wisconsin Act .... (this act), is repealed and recreated to read:
SB33,4,1021 767.265 (2r) Upon entry of each order for child support, maintenance, family
22support or support by a spouse and upon approval of each stipulation for child
23support, unless the court finds that income withholding is likely to cause the payer
24irreparable harm or unless s. 767.267 applies, the court, family court commissioner
25or county child support agency under s. 59.53 (5) shall provide notice of the

1assignment by regular mail or by facsimile machine, as defined in s. 134.72 (1) (am),
2or other electronic means to the last-known address of the person from whom the
3payer receives or will receive money. The notice shall provide that the amount
4withheld may not exceed the maximum amount that is subject to garnishment under
515 USC 1673 (b) (2). If the department or its designee, whichever is appropriate, does
6not receive the money from the person notified, the court, family court commissioner
7or county child support agency under s. 59.53 (5) shall provide notice of the
8assignment to any other person from whom the payer receives or will receive money.
9Notice under this subsection may be a notice of the court, a copy of the executed
10assignment or a copy of that part of the court order directing payment.
SB33, s. 9 11Section 9. 968.01 (1) of the statutes is amended to read:
SB33,4,1212 968.01 (1) ``Facsimile machine" has the meaning given in s. 134.72 (1) (a) (am).
SB33, s. 10 13Section 10. Effective dates. This act takes effect on the day after publication,
14except as follows:
SB33,4,1815 (1) The repeal and recreation of section 767.265 (2r) of the statutes takes effect
16on October 1, 1999, or on the date stated in the notice published by the department
17of workforce development in the Wisconsin Administrative Register under section
18767.29 (1) (f) of the statutes, whichever is earlier.
SB33,4,1919 (End)
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