Wisconsin Legislature: 16,2441b

100.52 (title) Telephone solicitations.

16,2436 Section 2436. 100.52 (1) (title) of the statutes is created to read:

100.52 (1) (title) Definitions.

16,2437b Section 2437b. 100.52 (1) (a) of the statutes is created to read:

100.52 (1) (a) "Affiliate," when used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership or control with such person.

16,2438b Section 2438b. 100.52 (1) (b) of the statutes is created to read:

100.52 (1) (b) "Basic local exchange service" has the meaning in s. 196.01 (1g).

16,2439b Section 2439b. 100.52 (1) (c) of the statutes is created to read:

100.52 (1) (c) "Nonprofit organization" means a corporation, association, or organization described in section 501 (c) (3), (4), (5), or (19) of the Internal Revenue Code that is exempt from taxation under section 501 (a) of the Internal Revenue Code.

16,2440b Section 2440b. 100.52 (1) (d) of the statutes is created to read:

100.52 (1) (d) "Nonresidential customer" means a person, other than a residential customer, who is furnished with telecommunications service by a telecommunications utility.

16,2440d Section 2440d. 100.52 (1) (e) of the statutes is created to read:

100.52 (1) (e) "Nonsolicitation directory" means the directory established in rules promulgated by the department under sub. (2) (b).

16,2440f Section 2440f. 100.52 (1) (f) of the statutes is created to read:

100.52 (1) (f) "Residential customer" means an individual who is furnished with basic local exchange service by a telecommunications utility, but does not include an individual who operates a business at his or her residence.

16,2440h Section 2440h. 100.52 (1) (g) of the statutes is created to read:

100.52 (1) (g) "Telecommunications service" has the meaning given in s. 196.01 (9m).

16,2440j Section 2440j. 100.52 (1) (h) of the statutes is created to read:

100.52 (1) (h) "Telecommunications utility" has the meaning given in s. 196.01 (10).

16,2440L Section 2440L. 100.52 (1) (j) of the statutes is created to read:

100.52 (1) (j) "Telephone solicitor" means a person, other than a nonprofit organization or an employee or contractor of a nonprofit organization, that employs or contracts with an individual to make a telephone solicitation.

16,2440n Section 2440n. 100.52 (2) of the statutes is created to read:

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.

(b) The department shall promulgate rules for establishing, maintaining, and semiannually updating 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.

(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.

(d) The department shall, on a semiannual basis, make the nonsolicitation directory available by electronic transmission only to telephone solicitors who are registered under sub. (3). Upon the request of a telephone solicitor registered under sub. (3), the department shall also provide a printed copy of the nonsolicitation directory to the telephone solicitor. A telephone solicitor who receives a copy of the directory, or to whom the directory is made available by electronic transmission, 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.

16,2441b Section 2441b. 100.52 (3) of the statutes is created to read:

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 residential customer 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.

(b) The department shall promulgate rules that require an individual who makes a telephone solicitation on behalf of a telephone solicitor to identify at the beginning of the telephone conversation each of the following:

1. The telephone solicitor.

2. If different than the telephone solicitor, the person selling the property, goods, or services, or receiving the contribution, donation, grant, or pledge of money, credit, property, or other thing of any kind, that is the reason for the telephone solicitation.

16,2442b Section 2442b. 100.52 (4) (title) of the statutes is created to read:

100.52 (4) (title) Telephone solicitor requirements.

16,2442d Section 2442d. 100.52 (4) (a) 2. and 3. of the statutes are created to read:

100.52 (4) (a) 2. Make a telephone solicitation to a residential customer if the nonsolicitation directory that is provided or made available to the telephone solicitor under sub. (2) (d) includes a listing for the residential customer.

3. Make a telephone solicitation to a nonresidential customer if the nonresidential customer has provided notice by mail to the telephone solicitor that the nonresidential customer does not wish to receive telephone solicitations.

16,2442f Section 2442f. 100.52 (4) (b) of the statutes is created to read:

100.52 (4) (b) A telephone solicitor may not do any of the following:

1. 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).

2. Require an employee or contractor to make a telephone solicitation that violates par. (a).

16,2442h Section 2442h. 100.52 (4) (c) of the statutes is created to read:

100.52 (4) (c) A telephone solicitor or employee or contractor of a telephone solicitor that makes a telephone solicitation to a nonresidential customer shall, upon the request of the nonresidential customer, provide the mailing address for notifying the telephone solicitor that the nonresidential customer does not wish to receive telephone solicitations.

16,2443b Section 2443b. 100.52 (5) of the statutes is created to read:

100.52 (5) Nonprofit organization requirements. A nonprofit organization or an employee or contractor of a nonprofit organization may not make a telephone solicitation to a residential customer if the residential customer has provided notice by telephone, mail, or facsimile transmission to the nonprofit organization that the residential customer does not wish to receive telephone solicitations. A nonprofit organization may not require an employee or contractor to make a telephone solicitation that violates this subsection.

16,2444b Section 2444b. 100.52 (6) of the statutes is created to read:

100.52 (6) Exceptions. Subsections (4) (a) 2. and 3. and (5) do not apply to a telephone solicitation that satisfies any of the following:

(a) The telephone solicitation is made to a recipient in response to the recipient's express written request for the telephone solicitation.

(b) The telephone solicitation is made to a recipient who is a current client of the person selling the property, goods, or services , or receiving the contribution, donation, grant, or pledge of money, credit, property, or other thing of any kind, that is the reason for the telephone solicitation. This paragraph does not apply if the recipient is a current client of an affiliate of such a person, but is not a current client of such a person.

16,2445b Section 2445b. 100.52 (7) of the statutes is created to read:

100.52 (7) Territorial application. This section applies to any interstate telephone solicitation received by a person in this state and to any intrastate telephone solicitation.

16,2446b Section 2446b. 100.52 (8) of the statutes is created to read:

100.52 (8) 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.

16,2446d Section 2446d. 100.52 (9) of the statutes is created to read:

100.52 (9) 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.

16,2446f Section 2446f. 100.52 (10) of the statutes is created to read:

100.52 (10) Penalties. (a) Except as provided in par. (b), a person who violates this section may be required to forfeit not less than $100 nor more than $500 for each violation.

(b) A telephone solicitor that violates sub. (4) or a nonprofit organization that violates sub. (5) may be required to forfeit not less than $1,000 nor more than $10,000 for each violation.

16,2446r Section 2446r. 101.01 (11) of the statutes is amended to read:

101.01 (11) "Place of employment" includes every place, whether indoors or out or underground and the premises appurtenant thereto where either temporarily or permanently any industry, trade, or business is carried on, or where any process or operation, directly or indirectly related to any industry, trade, or business, is carried on, and where any person is, directly or indirectly, employed by another for direct or indirect gain or profit, but does not include any place where persons are employed in private domestic service which does not involve the use of mechanical power or in farming. "Farming" includes those activities specified in s. 102.04 (3), and also includes; the transportation of farm products, supplies , or equipment directly to the farm by the operator of said the farm or employees for use thereon, if such activities are directly or indirectly for the purpose of producing commodities for market, or as an accessory to such production; and the operation of a horse boarding facility or horse training facility that does not contain an area for the public to view a horse show and that is first operated on or after August 1, 2000. When used with relation to building codes, "place of employment" does not include an adult family home, as defined in s. 50.01 (1), or, except for the purposes of s. 101.11, a previously constructed building used as a community-based residential facility, as defined in s. 50.01 (1g), which serves 20 or fewer residents who are not related to the operator or administrator.

16,2446rb Section 2446rb. 101.01 (11) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

101.01 (11) "Place of employment" includes every place, whether indoors or out or underground and the premises appurtenant thereto where either temporarily or permanently any industry, trade, or business is carried on, or where any process or operation, directly or indirectly related to any industry, trade, or business, is carried on, and where any person is, directly or indirectly, employed by another for direct or indirect gain or profit, but does not include any place where persons are employed in private domestic service which does not involve the use of mechanical power or in farming. "Farming" includes those activities specified in s. 102.04 (3);, and also includes the transportation of farm products, supplies, or equipment directly to the farm by the operator of the farm or employees for use thereon, if such activities are directly or indirectly for the purpose of producing commodities for market, or as an accessory to such production; and the operation of a horse boarding facility or horse training facility that does not contain an area for the public to view a horse show and that is first operated on or after August 1, 2000. When used with relation to building codes, "place of employment" does not include an adult family home, as defined in s. 50.01 (1), or, except for the purposes of s. 101.11, a previously constructed building used as a community-based residential facility, as defined in s. 50.01 (1g), which serves 20 or fewer residents who are not related to the operator or administrator.

16,2447d Section 2447d. 101.01 (12) of the statutes is amended to read:

101.01 (12) "Public building" means any structure, including exterior parts of such building, such as a porch, exterior platform, or steps providing means of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the public or by 3 or more tenants. When used in relation to building codes, "public building" does not include a horse boarding facility or horse training facility that does not contain an area for the public to view a horse show, the initial construction of which was begun on or after August 1, 2000, or a previously constructed building used as a community-based residential facility as defined in s. 50.01 (1g) which serves 20 or fewer residents who are not related to the operator or administrator or an adult family home, as defined in s. 50.01 (1).

16,2447db Section 2447db. 101.01 (12) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

16,2447x Section 2447x. 101.02 (15) (a) of the statutes is amended to read:

101.02 (15) (a) The department has such supervision of every employment, place of employment and public building in this state as is necessary adequately to enforce and administer all laws and all lawful orders requiring such employment, place of employment or public building to be safe, and requiring the protection of the life, health, safety and welfare of every employe in such employment or place of employment and every frequenter of such place of employment, and the safety of the public or tenants in any such public building. This Except for the purposes of enforcing and administering s. 101.22, this paragraph does not apply to occupational safety and health issues covered by standards established and enforced by the federal occupational safety and health administration.

16,2449 Section 2449. 101.09 (3) (d) of the statutes is created to read:

101.09 (3) (d) The department shall promulgate a rule specifying fees for plan review and inspection of tanks for the storage, handling, or use of flammable or combustible liquids and for any certification or registration required under par. (c).

16,2449d Section 2449d. 101.10 (2) of the statutes, as created by 2001 Wisconsin Act 3, is amended to read:

101.10 (2) Rules. The department shall promulgate rules that prescribe reasonable standards relating to the safe storage and handling of anhydrous ammonia. The rules shall prescribe standards for the design, construction, repair, alteration, location, installation, inspection, and operation of anhydrous ammonia equipment. The Except as otherwise provided in this subsection, the rules promulgated under this subsection do not apply to ammonia manufacturing plants, refrigeration plants where ammonia is used solely as a refrigerant, facilities where ammonia is used in pollution control devices or is manufactured, electric generating or cogenerating facilities where ammonia is used as a refrigerant, and ammonia transportation pipelines. If ammonia is used on the premises of a facility or plant described under this subsection for a purpose or in a manner that is not related to the applicable exemption from the rules promulgated under this subsection, the exemption does not apply to that use.

16,2449f Section 2449f. 101.123 (title) of the statutes is repealed and recreated to read:

101.123 (title) Smoking prohibited.

16,2449h Section 2449h. 101.123 (1) (i) of the statutes is amended to read:

101.123 (1) (i) "State institution" means a prison, a secured correctional facility, a mental health institute as defined in s. 51.01 (12) or a center for the developmentally disabled as defined in s. 51.01 (3), except that "state institution" does not include a Type 2 secured correctional facility, as defined in s. 938.02 (20).

16,2449j Section 2449j. 101.123 (1) (j) of the statutes is created to read:

101.123 (1) (j) "Type 1 secured correctional facility" has the meaning given in s. 938.02 (19).

16,2449L Section 2449L. 101.123 (2) (br) of the statutes is created to read:

101.123 (2) (br) Notwithstanding par. (a) and sub. (3), no person may smoke in any enclosed, indoor area of a Type 1 secured correctional facility or on the grounds of a Type 1 secured correctional facility.

16,2449n Section 2449n. 101.123 (4) (a) 2. of the statutes is amended to read:

101.123 (4) (a) 2. A person in charge or his or her agent may not designate an entire building as a smoking area or designate any smoking areas in the state capitol building, in the immediate vicinity of the state capitol, in a Type 1 secured correctional facility, on the grounds of a Type 1 secured correctional facility, in a motor bus, hospital or physician's office or on the premises, indoors or outdoors, of a day care center when children who are receiving day care services are present, except that in a hospital or a unit of a hospital that has as its primary purpose the care and treatment of mental illness, alcoholism or drug abuse a person in charge or his or her agent may designate one or more enclosed rooms with outside ventilation as smoking areas for the use of adult patients who have the written permission of a physician. Subject to this subdivision and sub. (3) (b), a person in charge or his or her agent may not designate an entire room as a smoking area.

16,2449p Section 2449p. 101.123 (4) (am) 3. of the statutes is amended to read:

101.123 (4) (am) 3. Except in a prison, secured correctional facility, jail, or lockup facility, an entire building may not be designated as a smoking area.

16,2449r Section 2449r. 101.123 (4) (bm) of the statutes is amended to read:

101.123 (4) (bm) The person in charge of a state institution, jail or lockup facility, or his or her agent, shall post notice of the designation of a smoking area under par. (am) in or near the area designated. If an entire room is designated a smoking area, the person in charge or his or her agent shall post notice of the designation conspicuously on or near all normally used entrances to the room. If an entire building in a prison, secured correctional facility, jail, or lockup facility is designated a smoking area, the person in charge, or his or her agent, shall post notice of the designation on or near all normally used entrances to the building, but need not post notice of the designation on or near entrances to rooms within the building.

16,2449t Section 2449t. 101.123 (8) (a) of the statutes is amended to read:

101.123 (8) (a) Any person who wilfully violates sub. (2) (a), (am) 1. or, (bm), or (br) after being advised by an employee of the facility that smoking in the area is prohibited or any person in charge or his or her agent who wilfully fails to comply with sub. (5) shall forfeit not more than $10.

16,2464f Section 2464f. 101.143 (1) (e) 3. of the statutes is created to read:

101.143 (1) (e) 3. A person who formerly owned a farm tank and who satisfies the criteria in sub. (4) (ei) 1m. b.