AB117: Bill Text

LRB-1431/1

MDK:jld:rs

2001 - 2002 LEGISLATURE

2001 Assembly BILL 117

February 13, 2001 - Introduced by Representatives Skindrud, Ainsworth, Berceau, Black, Carpenter, Freese, Gronemus, Hahn, Hoven, Hundertmark, Kestell, M. Lehman, Loeffelholz, Musser, Ott, Owens, Pettis, Ryba, Schneider, Staskunas, Steinbrink, Townsend, Urban and Stone, cosponsored by Senators Risser, Decker, Grobschmidt, Harsdorf and Schultz. Referred to Committee on Personal Privacy.

AB117,1,5 An Act to repeal 134.72 (2) (b) (title); to renumber 134.72 (1) (c) and 134.72 (2) (a); to renumber and amend 134.72 (2) (b); to amend 100.264 (2) (intro.), 134.72 (title), 134.72 (3) (a) and 134.72 (3) (b); and to create 100.52 of the statutes; relating to: prohibiting certain telephone solicitations and providing a penalty.

Analysis by the Legislative Reference Bureau

Under current law, a person may not use an electronically prerecorded message in a telephone solicitation without the consent of the person called. This prohibition applies to any interstate telephone solicitation that is received by a person in this state and to any intrastate telephone solicitation. A person who violates this prohibition is subject to a forfeiture of up to $500. Under certain circumstances, a person may be subject to a supplemental forfeiture of up to $10,000 if the telephone solicitation was directed against an elderly person or a disabled person. Local district attorneys enforce this prohibition.

This bill requires the department of agriculture, trade and consumer protection (DATCP) to enforce the prohibition, instead of local district attorneys. In addition, the bill prohibits a person also from using an automatic telephone dialing system in making a telephone solicitation if the system is used in such a way that two or more telephone lines are engaged simultaneously. This prohibition also is enforced by DATCP. An "automatic telephone dialing system" means equipment that has the capacity to store or produce telephone numbers that are called using a random or sequential number generator and to call such telephone numbers. This prohibition applies to the same interstate and intrastate telephone solicitations that are subject to the prohibition under current law regarding electronically prerecorded messages. In addition, the same forfeiture and supplemental forfeiture apply.

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:

AB117, s. 1 Section 1. 100.264 (2) (intro.) of the statutes is amended to read:

AB117,2,9 100.264 (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:

AB117, s. 2 Section 2. 100.52 of the statutes is created to read:

AB117,2,11 100.52 Telephone solicitations. (1) Definitions. In this section:

AB117,2,14 (a) "Automatic telephone dialing system" means equipment that has the capacity to store or produce telephone numbers that are called using a random or sequential number generator and to call such telephone numbers.

AB117,2,17 (2) Automatic dialing. No person may, in making a telephone solicitation, use an automatic telephone dialing system in such a way that 2 or more telephone lines are engaged simultaneously.

AB117,3,3 (4) Territorial application. This section applies to any interstate telephone solicitation received by a person in this state and to any intrastate telephone solicitation.

AB117,3,5 (5) Penalty. A person who violates this section may forfeit no more than $500 for each violation.

AB117, s. 3 Section 3. 134.72 (title) of the statutes is amended to read:

AB117,3,8 134.72 (title) Prohibition of certain unsolicited messages by telephone or facsimile machine.

AB117, s. 4 Section 4. 134.72 (1) (c) of the statutes is renumbered 100.52 (1) (b).

AB117, s. 5 Section 5. 134.72 (2) (a) of the statutes is renumbered 100.52 (3).

AB117, s. 6 Section 6. 134.72 (2) (b) (title) of the statutes is repealed.

AB117, s. 7 Section 7. 134.72 (2) (b) of the statutes is renumbered 134.72 (2), and 134.72 (2) (b), as renumbered, is amended to read:

AB117,3,17 134.72 (2) (b) Notwithstanding subd. 1. par. (a), a person may not make a facsimile solicitation to a person who has notified the facsimile solicitor in writing or by facsimile transmission that the person does not want to receive facsimile solicitation.

AB117, s. 8 Section 8. 134.72 (3) (a) of the statutes is amended to read:

AB117,3,20 134.72 (3) (a) Intrastate. This section applies to any intrastate telephone solicitation or intrastate facsimile solicitation.

AB117, s. 9 Section 9. 134.72 (3) (b) of the statutes is amended to read:

AB117,3,23 134.72 (3) (b) Interstate. This section applies to any interstate telephone solicitation, or interstate facsimile solicitation, received by a person in this state.

AB117,3,24 (End)