2001 - 2002 LEGISLATURE
ASSEMBLY AMENDMENT 85,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2001 SENATE BILL 55
June 29, 2001 - Offered by Representative Black.
SB55-ASA1-AA85,1,85
20.115
(8) (jm)
Telephone solicitation regulation. All moneys received from
6telephone solicitor registration and registration renewal fees paid under the rules
7promulgated under s. 100.52 (3) (a) for establishing and maintaining the
8nonsolicitation directory under s. 100.52 (2).".
SB55-ASA1-AA85,1,10
10"
Section 2429d. 100.264 (2) (intro.) of the statutes is amended to read:
SB55-ASA1-AA85,2,8
1100.264
(2) Supplemental forfeiture. (intro.) If a fine or a forfeiture is
2imposed on a person for a violation under s. 100.16, 100.17, 100.18, 100.182, 100.183,
3100.20, 100.205, 100.207, 100.21, 100.30 (3), 100.35, 100.44
or, 100.46
, or 100.52 (10)
4(b) or a rule promulgated under one of those sections, the person shall be subject to
5a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by
6the defendant, for which the violation was imposed, was perpetrated against an
7elderly person or disabled person and if the court finds that any of the following
8factors is present:".
SB55-ASA1-AA85,2,11
11100.52 (title)
Telephone solicitations.
SB55-ASA1-AA85,2,1313
100.52
(1) (title)
Definitions.
SB55-ASA1-AA85,2,1715
100.52
(1) (a) "Affiliate," when used in relation to any person, means another
16person who owns or controls, is owned or controlled by, or is under common
17ownership or control with such person.
SB55-ASA1-AA85,2,1919
100.52
(1) (b) "Basic local exchange service" has the meaning in s. 196.01 (1g).
SB55-ASA1-AA85,2,2421
100.52
(1) (c) "Nonprofit organization" means a corporation, association, or
22organization described in section
501 (c) (3), (4), (5), or (19) of the Internal Revenue
23Code that is exempt from taxation under section
501 (a) of the Internal Revenue
24Code.
SB55-ASA1-AA85,3,42
100.52
(1) (d) "Nonresidential customer" means a person, other than a
3residential customer, who is furnished with telecommunications service by a
4telecommunications utility.
SB55-ASA1-AA85,3,76
100.52
(1) (e) "Nonsolicitation directory" means the directory established in
7rules promulgated by the department under sub. (2) (b).
SB55-ASA1-AA85,3,119
100.52
(1) (f) "Residential customer" means an individual who is furnished
10with basic local exchange service by a telecommunications utility, but does not
11include an individual who operates a business at his or her residence.
SB55-ASA1-AA85,3,1413
100.52
(1) (g) "Telecommunications service" has the meaning given in s. 196.01
14(9m).
SB55-ASA1-AA85,3,1716
100.52
(1) (h) "Telecommunications utility" has the meaning given in s. 196.01
17(10).
SB55-ASA1-AA85,3,2119
100.52
(1) (j) "Telephone solicitor" means a person, other than a nonprofit
20organization or an employee or contractor of a nonprofit organization, that employs
21or contracts with an individual to make a telephone solicitation.
SB55-ASA1-AA85,4,223
100.52
(2) Nonsolicitation directory listing. (a) Upon a request by a
24residential customer, the department shall include in the nonsolicitation directory
1a listing indicating that the residential customer does not want to receive any
2telephone solicitation made on behalf of a telephone solicitor.
SB55-ASA1-AA85,4,123
(b) The department shall promulgate rules for establishing, maintaining, and
4semiannually updating a directory that includes listings of residential customers
5who do not wish to receive telephone solicitations made on behalf of telephone
6solicitors. The rules promulgated under this paragraph shall establish requirements
7and procedures for a residential customer to request a listing in the directory. The
8rules shall also require a residential customer who requests a listing in the directory
9to notify the department on a biennial basis if the residential customer wishes to
10continue to be included in the directory. The department shall eliminate a
11residential customer from the directory if the customer does not make the biennial
12notification.
SB55-ASA1-AA85,4,1613
(c) Except for copies of the nonsolicitation directory that are provided to
14registered telephone solicitors under par. (d), the nonsolicitation directory is not
15subject to inspection, copying, or receipt under s. 19.35 (1) and may not be released
16by the department.
SB55-ASA1-AA85,4,2517
(d) The department shall, on a semiannual basis, make the nonsolicitation
18directory available by electronic transmission only to telephone solicitors who are
19registered under sub. (3). Upon the request of a telephone solicitor registered under
20sub. (3), the department shall also provide a printed copy of the nonsolicitation
21directory to the telephone solicitor. A telephone solicitor who receives a copy of the
22directory, or to whom the directory is made available by electronic transmission,
23under this paragraph may not solicit or accept from any person, directly or indirectly,
24anything of value in exchange for providing the person with any information
25included in the copy.
SB55-ASA1-AA85,5,132
100.52
(3) Registration of telephone solicitors. (a) The department shall
3promulgate rules that require any telephone solicitor who requires an employee or
4contractor to make a telephone solicitation to a residential customer in this state to
5register with the department, obtain a registration number from the department,
6and pay a registration fee to the department. The amount of the registration fee shall
7be based on the cost of establishing the nonsolicitation directory, and the amount that
8an individual telephone solicitor is required to pay shall be based on the number of
9telephone lines used by the telephone solicitor to make telephone solicitations. The
10rules shall also require a telephone solicitor that registers with the department to
11pay an annual registration renewal fee to the department. The amount of the
12registration renewal fee shall be based on the cost of maintaining the nonsolicitation
13directory.
SB55-ASA1-AA85,5,1614
(b) The department shall promulgate rules that require an individual who
15makes a telephone solicitation on behalf of a telephone solicitor to identify at the
16beginning of the telephone conversation each of the following:
SB55-ASA1-AA85,5,1717
1. The telephone solicitor.
SB55-ASA1-AA85,5,2118
2. If different than the telephone solicitor, the person selling the property,
19goods, or services, or receiving the contribution, donation, grant, or pledge of money,
20credit, property, or other thing of any kind, that is the reason for the telephone
21solicitation.
SB55-ASA1-AA85,5,2323
100.52
(4) (title)
Telephone solicitor requirements.
SB55-ASA1-AA85,6,3
1100.52
(4) (a) 2. Make a telephone solicitation to a residential customer if the
2nonsolicitation directory that is provided or made available to the telephone solicitor
3under sub. (2) (d) includes a listing for the residential customer.
SB55-ASA1-AA85,6,64
3. Make a telephone solicitation to a nonresidential customer if the
5nonresidential customer has provided notice by mail to the telephone solicitor that
6the nonresidential customer does not wish to receive telephone solicitations.
SB55-ASA1-AA85,6,88
100.52
(4) (b) A telephone solicitor may not do any of the following:
SB55-ASA1-AA85,6,119
1. Require an employee or contractor to make a telephone solicitation to a
10person in this state unless the telephone solicitor is registered with the department
11under the rules promulgated under sub. (3) (a).
SB55-ASA1-AA85,6,1312
2. Require an employee or contractor to make a telephone solicitation that
13violates par. (a).
SB55-ASA1-AA85,6,1915
100.52
(4) (c) A telephone solicitor or employee or contractor of a telephone
16solicitor that makes a telephone solicitation to a nonresidential customer shall, upon
17the request of the nonresidential customer, provide the mailing address for notifying
18the telephone solicitor that the nonresidential customer does not wish to receive
19telephone solicitations.
SB55-ASA1-AA85,7,221
100.52
(5) Nonprofit organization requirements. A nonprofit organization or
22an employee or contractor of a nonprofit organization may not make a telephone
23solicitation to a residential customer if the residential customer has provided notice
24by telephone, mail, or facsimile transmission to the nonprofit organization that the
25residential customer does not wish to receive telephone solicitations. A nonprofit
1organization may not require an employee or contractor to make a telephone
2solicitation that violates this subsection.
SB55-ASA1-AA85,7,54
100.52
(6) Exceptions. Subsections (4) (a) 2. and 3. and (5) do not apply to a
5telephone solicitation that satisfies any of the following:
SB55-ASA1-AA85,7,76
(a) The telephone solicitation is made to a recipient in response to the
7recipient's express written request for the telephone solicitation.
SB55-ASA1-AA85,7,138
(b) The telephone solicitation is made to a recipient who is a current client of
9the person selling the property, goods, or services, or receiving the contribution,
10donation, grant, or pledge of money, credit, property, or other thing of any kind, that
11is the reason for the telephone solicitation. This paragraph does not apply if the
12recipient is a current client of an affiliate of such a person, but is not a current client
13of such a person.
SB55-ASA1-AA85,7,1715
100.52
(7) Territorial application. This section applies to any interstate
16telephone solicitation received by a person in this state and to any intrastate
17telephone solicitation.
SB55-ASA1-AA85,7,2119
100.52
(8) Private cause of action. Any person who suffers damages as the
20result of another person violating this section may bring an action against the person
21who violated this section to recover the amount of those damages.
SB55-ASA1-AA85,7,2523
100.52
(9) Enforcement. The department shall investigate violations of this
24section and may bring an action for temporary or permanent injunctive or other relief
25for any violation of this section.
SB55-ASA1-AA85,8,42
100.52
(10) Penalties. (a) Except as provided in par. (b), a person who violates
3this section may be required to forfeit not less than $100 nor more than $500 for each
4violation.
SB55-ASA1-AA85,8,75
(b) A telephone solicitor that violates sub. (4) or a nonprofit organization that
6violates sub. (5) may be required to forfeit not less than $1,000 nor more than $10,000
7for each violation.".
SB55-ASA1-AA85,8,11
10134.72 (title)
Prohibition of certain unsolicited messages by telephone
11or facsimile machine.
SB55-ASA1-AA85, s. 2819b
12Section 2819b. 134.72 (1) (c) of the statutes is renumbered 100.52 (1) (i) and
13amended to read:
SB55-ASA1-AA85,8,1814
100.52
(1) (i) "Telephone solicitation" means the unsolicited initiation of a
15telephone conversation for the purpose of encouraging
a person the recipient of the
16telephone call to purchase property, goods or services
or to make a contribution,
17donation, grant, or pledge of money, credit, property, or other thing of any kind or
18value.
SB55-ASA1-AA85, s. 2821b
20Section 2821b. 134.72 (2) (a) of the statutes is renumbered 100.52 (4) (a)
21(intro.) and amended to read:
SB55-ASA1-AA85,8,2322
100.52
(4) (a) (intro.)
No person may use A telephone solicitor or an employee
23or contractor of a telephone solicitor may not do any of the following:
SB55-ASA1-AA85,9,2
11. Use an electronically prerecorded message in telephone solicitation without
2the consent of the
person called recipient of the telephone call.
SB55-ASA1-AA85, s. 2822m
4Section 2822m. 134.72 (2) (b) of the statutes is renumbered 134.72 (2), and
5134.72 (2) (b), as renumbered, is amended to read:
SB55-ASA1-AA85,9,96
134.72
(2) (b) Notwithstanding
subd. 1. par. (a), a person may not make a
7facsimile solicitation to a person who has notified the facsimile solicitor in writing
8or by facsimile transmission that the person does not want to receive facsimile
9solicitation.
SB55-ASA1-AA85,9,1211
134.72
(3) (a)
Intrastate. This section applies to any
intrastate telephone
12solicitation or intrastate facsimile solicitation.
