SB40: Bill Text

SB40, s. 3 Section 3. 100.52 (title) of the statutes is created to read:

SB40,3,11 100.52 (title) Telephone solicitations.

SB40, s. 4 Section 4. 100.52 (1) (title) of the statutes is created to read:

SB40,3,13 100.52 (1) (title) Definitions.

SB40, s. 5 Section 5. 100.52 (1) (a) of the statutes is created to read:

SB40,3,15 100.52 (1) (a) "Basic local exchange service" has the meaning in s. 196.01 (1g).

SB40, s. 6 Section 6. 100.52 (1) (b) of the statutes is created to read:

SB40,3,19 100.52 (1) (b) "Nonprofit organization" means a corporation, association, or organization exempt from taxation under section 501 (c) (3) of the Internal Revenue Code.

SB40, s. 7 Section 7. 100.52 (1) (c) of the statutes is created to read:

SB40,3,22 100.52 (1) (c) "Nonsolicitation directory" means the directory established in rules promulgated by the department under sub. (2) (b).

SB40, s. 8 Section 8. 100.52 (1) (d) of the statutes is created to read:

SB40,3,25 100.52 (1) (d) "Residential customer" means an individual who is furnished with basic local exchange service by a telecommunications utility.

SB40, s. 9 Section 9. 100.52 (1) (e) of the statutes is created to read:

SB40,4,3 100.52 (1) (e) "Telecommunications utility" has the meaning given in s. 196.01 (10).

SB40, s. 10 Section 10. 100.52 (1) (g) of the statutes is created to read:

SB40,4,7 100.52 (1) (g) "Telephone solicitor" means a person, other than a nonprofit organization, that employs or contracts with an individual to make a telephone solicitation.

SB40, s. 11 Section 11. 100.52 (2) of the statutes is created to read:

SB40,4,12 100.52 (2) Nonsolicitation directory listing. (a) Upon a request by a residential customer, the department shall include in the nonsolicitation directory a listing indicating that the residential customer does not want to receive any telephone solicitation made on behalf of a telephone solicitor.

SB40,4,21 (b) The department shall promulgate rules for establishing and maintaining a directory that includes listings of residential customers who do not wish to receive telephone solicitations made on behalf of telephone solicitors. The rules promulgated under this paragraph shall establish requirements and procedures for a residential customer to request a listing in the directory. The rules shall also require a residential customer who requests a listing in the directory to notify the department on a biennial basis if the residential customer wishes to continue to be included in the directory. The department shall eliminate a residential customer from the directory if the customer does not make the biennial notification.

SB40,4,25 (c) Except for copies of the nonsolicitation directory that are provided to registered telephone solicitors under par. (d), the nonsolicitation directory is not subject to inspection, copying, or receipt under s. 19.35 (1) and may not be released by the department.

SB40,5,5 (d) The department may provide copies of the nonsolicitation directory only to telephone solicitors who are registered under sub. (3). A telephone solicitor who receives a copy of the directory under this paragraph may not solicit or accept from any person, directly or indirectly, anything of value in exchange for providing the person with any information included in the copy.

SB40, s. 12 Section 12. 100.52 (3) of the statutes is created to read:

SB40,5,18 100.52 (3) Registration of telephone solicitors. (a) The department shall promulgate rules that require any telephone solicitor who requires an employee or contractor to make a telephone solicitation to a person in this state to register with the department, obtain a registration number from the department, and pay a registration fee to the department. The amount of the registration fee shall be based on the cost of establishing the nonsolicitation directory, and the amount that an individual telephone solicitor is required to pay shall be based on the number of telephone lines used by the telephone solicitor to make telephone solicitations. The rules shall also require a telephone solicitor that registers with the department to pay an annual registration renewal fee to the department. The amount of the registration renewal fee shall be based on the cost of maintaining the nonsolicitation directory.

SB40,5,22 (b) The department shall promulgate rules that require an individual who makes a telephone solicitation on behalf of a telephone solicitor to identify the telephone solicitor and the telephone solicitor's registration number at the beginning of the telephone conversation.

SB40, s. 13 Section 13. 100.52 (4) (title) of the statutes is created to read:

SB40,5,24 100.52 (4) (title) Prohibitions.

SB40, s. 14 Section 14. 100.52 (4) (b) of the statutes is created to read:

SB40,6,3 100.52 (4) (b) A telephone solicitor may not require an employee or contractor to make a telephone solicitation to a person in this state unless the telephone solicitor is registered with the department under the rules promulgated under sub. (3) (a).

SB40, s. 15 Section 15. 100.52 (4) (c) of the statutes is created to read:

SB40,6,7 100.52 (4) (c) A telephone solicitor may not make a telephone solicitation to a residential customer if the nonsolicitation directory that is provided to the telephone solicitor under sub. (2) (d) includes a listing for the residential customer.

SB40, s. 16 Section 16. 100.52 (4) (d) of the statutes is created to read:

SB40,6,10 100.52 (4) (d) A telephone solicitor may not require an employee or contractor to make a telephone solicitation that violates par. (a) or (c).

SB40, s. 17 Section 17. 100.52 (5) of the statutes is created to read:

SB40,6,14 100.52 (5) Territorial application. This section applies to any interstate telephone solicitation received by a person in this state and to any intrastate telephone solicitation.

SB40, s. 18 Section 18. 100.52 (6) of the statutes is created to read:

SB40,6,18 100.52 (6) Private cause of action. Any person who suffers damages as the result of another person violating this section may bring an action against the person who violated this section to recover the amount of those damages.

SB40, s. 19 Section 19. 100.52 (7) of the statutes is created to read:

SB40,6,22 100.52 (7) Enforcement. The department shall investigate violations of this section and may bring an action for temporary or permanent injunctive or other relief for any violation of this section.

SB40, s. 20 Section 20. 100.52 (8) of the statutes is created to read:

SB40,6,25 100.52 (8) Penalties. (a) Except as provided in par. (b), a person who violates this section may forfeit not less than $100 nor more than $500 for each violation.

SB40,7,2 (b) A telephone solicitor that violates sub. (4) (d) may forfeit not less than $1,000 nor more than $10,000 for each violation.

SB40, s. 21 Section 21. 134.72 (title) of the statutes is amended to read:

SB40,7,5 134.72 (title) Prohibition of certain unsolicited messages by telephone or facsimile machine.

SB40, s. 22 Section 22. 134.72 (1) (c) of the statutes is renumbered 100.52 (1) (f) and amended to read:

SB40,7,11 100.52 (1) (f) "Telephone solicitation" means the unsolicited initiation of a telephone conversation for the purpose of encouraging a person to purchase property, goods or services or to make a contribution, donation, grant, or pledge of money, credit, property, or other thing of any kind or value.

SB40, s. 23 Section 23. 134.72 (2) (a) (title) of the statutes is repealed.

SB40, s. 24 Section 24. 134.72 (2) (a) of the statutes is renumbered 100.52 (4) (a).

SB40, s. 25 Section 25. 134.72 (2) (b) (title) of the statutes is repealed.

SB40, s. 26 Section 26. 134.72 (2) (b) of the statutes is renumbered 134.72 (2), and 134.72 (2) (b), as renumbered, is amended to read:

SB40,7,20 134.72 (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.

SB40, s. 27 Section 27. 134.72 (3) (a) of the statutes is amended to read:

SB40,7,23 134.72 (3) (a) Intrastate. This section applies to any intrastate telephone solicitation or intrastate facsimile solicitation.

SB40, s. 28 Section 28. 134.72 (3) (b) of the statutes is amended to read:

SB40,8,2 134.72 (3) (b) Interstate. This section applies to any interstate telephone solicitation, or interstate facsimile solicitation, received by a person in this state.

SB40,8,3 (End)