Amendment AA85-ASA1-SB55

SB55-ASA1-AA85,1,3 2. Page 296, line 15: after that line insert:

SB55-ASA1-AA85,1,4 " Section 434m. 20.115 (8) (jm) of the statutes is created to read:

SB55-ASA1-AA85,1,8 20.115 (8) (jm) Telephone solicitation regulation. All moneys received from telephone solicitor registration and registration renewal fees paid under the rules promulgated under s. 100.52 (3) (a) for establishing and maintaining the nonsolicitation directory under s. 100.52 (2).".

SB55-ASA1-AA85,1,9 3. Page 890, line 16: after that line insert:

SB55-ASA1-AA85,1,10 " Section 2429d. 100.264 (2) (intro.) of the statutes is amended to read:

SB55-ASA1-AA85,2,8 100.264 (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 (10) (b) 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:".

SB55-ASA1-AA85,2,9 4. Page 890, line 25: after that line insert:

SB55-ASA1-AA85,2,10 " Section 2435. 100.52 (title) of the statutes is created to read:

SB55-ASA1-AA85,2,11 100.52 (title) Telephone solicitations.

SB55-ASA1-AA85, s. 2436 Section 2436. 100.52 (1) (title) of the statutes is created to read:

SB55-ASA1-AA85,2,13 100.52 (1) (title) Definitions.

SB55-ASA1-AA85, s. 2437b Section 2437b. 100.52 (1) (a) of the statutes is created to read:

SB55-ASA1-AA85,2,17 100.52 (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.

SB55-ASA1-AA85, s. 2438b Section 2438b. 100.52 (1) (b) of the statutes is created to read:

SB55-ASA1-AA85,2,19 100.52 (1) (b) "Basic local exchange service" has the meaning in s. 196.01 (1g).

SB55-ASA1-AA85, s. 2439b Section 2439b. 100.52 (1) (c) of the statutes is created to read:

SB55-ASA1-AA85,2,24 100.52 (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.

SB55-ASA1-AA85, s. 2440b Section 2440b. 100.52 (1) (d) of the statutes is created to read:

SB55-ASA1-AA85,3,4 100.52 (1) (d) "Nonresidential customer" means a person, other than a residential customer, who is furnished with telecommunications service by a telecommunications utility.

SB55-ASA1-AA85, s. 2440d Section 2440d. 100.52 (1) (e) of the statutes is created to read:

SB55-ASA1-AA85,3,7 100.52 (1) (e) "Nonsolicitation directory" means the directory established in rules promulgated by the department under sub. (2) (b).

SB55-ASA1-AA85, s. 2440f Section 2440f. 100.52 (1) (f) of the statutes is created to read:

SB55-ASA1-AA85,3,11 100.52 (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.

SB55-ASA1-AA85, s. 2440h Section 2440h. 100.52 (1) (g) of the statutes is created to read:

SB55-ASA1-AA85,3,14 100.52 (1) (g) "Telecommunications service" has the meaning given in s. 196.01 (9m).

SB55-ASA1-AA85, s. 2440j Section 2440j. 100.52 (1) (h) of the statutes is created to read:

SB55-ASA1-AA85,3,17 100.52 (1) (h) "Telecommunications utility" has the meaning given in s. 196.01 (10).

SB55-ASA1-AA85, s. 2440L Section 2440L. 100.52 (1) (j) of the statutes is created to read:

SB55-ASA1-AA85,3,21 100.52 (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.

SB55-ASA1-AA85, s. 2440n Section 2440n. 100.52 (2) of the statutes is created to read:

SB55-ASA1-AA85,4,2 100.52 (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.

SB55-ASA1-AA85,4,12 (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.

SB55-ASA1-AA85,4,16 (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.

SB55-ASA1-AA85,4,25 (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.

SB55-ASA1-AA85, s. 2441b Section 2441b. 100.52 (3) of the statutes is created to read:

SB55-ASA1-AA85,5,13 100.52 (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.

SB55-ASA1-AA85,5,16 (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:

SB55-ASA1-AA85,5,17 1. The telephone solicitor.

SB55-ASA1-AA85,5,21 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.

SB55-ASA1-AA85, s. 2442b Section 2442b. 100.52 (4) (title) of the statutes is created to read:

SB55-ASA1-AA85,5,23 100.52 (4) (title) Telephone solicitor requirements.

SB55-ASA1-AA85, s. 2442d Section 2442d. 100.52 (4) (a) 2. and 3. of the statutes are created to read:

SB55-ASA1-AA85,6,3 100.52 (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.

SB55-ASA1-AA85,6,6 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.

SB55-ASA1-AA85, s. 2442f Section 2442f. 100.52 (4) (b) of the statutes is created to read:

SB55-ASA1-AA85,6,8 100.52 (4) (b) A telephone solicitor may not do any of the following:

SB55-ASA1-AA85,6,11 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).

SB55-ASA1-AA85,6,13 2. Require an employee or contractor to make a telephone solicitation that violates par. (a).

SB55-ASA1-AA85, s. 2442h Section 2442h. 100.52 (4) (c) of the statutes is created to read:

SB55-ASA1-AA85,6,19 100.52 (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.

SB55-ASA1-AA85, s. 2443b Section 2443b. 100.52 (5) of the statutes is created to read:

SB55-ASA1-AA85,7,2 100.52 (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.

SB55-ASA1-AA85, s. 2444b Section 2444b. 100.52 (6) of the statutes is created to read:

SB55-ASA1-AA85,7,5 100.52 (6) Exceptions. Subsections (4) (a) 2. and 3. and (5) do not apply to a telephone solicitation that satisfies any of the following:

SB55-ASA1-AA85,7,7 (a) The telephone solicitation is made to a recipient in response to the recipient's express written request for the telephone solicitation.

SB55-ASA1-AA85,7,13 (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.

SB55-ASA1-AA85, s. 2445b Section 2445b. 100.52 (7) of the statutes is created to read:

SB55-ASA1-AA85,7,17 100.52 (7) Territorial application. This section applies to any interstate telephone solicitation received by a person in this state and to any intrastate telephone solicitation.

SB55-ASA1-AA85, s. 2446b Section 2446b. 100.52 (8) of the statutes is created to read:

SB55-ASA1-AA85,7,21 100.52 (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.

SB55-ASA1-AA85, s. 2446d Section 2446d. 100.52 (9) of the statutes is created to read:

SB55-ASA1-AA85,7,25 100.52 (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.

SB55-ASA1-AA85, s. 2446f Section 2446f. 100.52 (10) of the statutes is created to read:

SB55-ASA1-AA85,8,4 100.52 (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.

SB55-ASA1-AA85,8,7 (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.".

SB55-ASA1-AA85,8,8 5. Page 940, line 4: after that line insert:

SB55-ASA1-AA85,8,9 " Section 2818. 134.72 (title) of the statutes is amended to read:

SB55-ASA1-AA85,8,11 134.72 (title) Prohibition of certain unsolicited messages by telephone or facsimile machine.

SB55-ASA1-AA85, s. 2819b Section 2819b. 134.72 (1) (c) of the statutes is renumbered 100.52 (1) (i) and amended to read:

SB55-ASA1-AA85,8,18 100.52 (1) (i) "Telephone solicitation" means the unsolicited initiation of a telephone conversation for the purpose of encouraging a person the recipient of the telephone call 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.

SB55-ASA1-AA85, s. 2820d Section 2820d. 134.72 (2) (a) (title) of the statutes is repealed.

SB55-ASA1-AA85, s. 2821b Section 2821b. 134.72 (2) (a) of the statutes is renumbered 100.52 (4) (a) (intro.) and amended to read:

SB55-ASA1-AA85,8,23 100.52 (4) (a) (intro.) No person may use A telephone solicitor or an employee or contractor of a telephone solicitor may not do any of the following:

SB55-ASA1-AA85,9,2 1. Use an electronically prerecorded message in telephone solicitation without the consent of the person called recipient of the telephone call.

SB55-ASA1-AA85, s. 2822 Section 2822. 134.72 (2) (b) (title) of the statutes is repealed.

SB55-ASA1-AA85, s. 2822m Section 2822m. 134.72 (2) (b) of the statutes is renumbered 134.72 (2), and 134.72 (2) (b), as renumbered, is amended to read:

SB55-ASA1-AA85,9,9 134.72 (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.

SB55-ASA1-AA85, s. 2824 Section 2824. 134.72 (3) (a) of the statutes is amended to read:

SB55-ASA1-AA85,9,12 134.72 (3) (a) Intrastate. This section applies to any intrastate telephone solicitation or intrastate facsimile solicitation.

SB55-ASA1-AA85, s. 2825 Section 2825. 134.72 (3) (b) of the statutes is amended to read:

SB55-ASA1-AA85,9,15 134.72 (3) (b) Interstate. This section applies to any interstate telephone solicitation, or interstate facsimile solicitation, received by a person in this state.

SB55-ASA1-AA85, s. 2826 Section 2826. 134.72 (4) of the statutes is amended to read:

SB55-ASA1-AA85,9,18 134.72 (4) Penalty. A person who violates this section may be required to forfeit up to not more than $500.".

SB55-ASA1-AA85,9,19 6. Page 1300, line 12: after that line insert:

SB55-ASA1-AA85,9,22 "(4r) Telephone solicitation regulation. The authorized FTE positions for the department of agriculture, trade and consumer protection are increased by 5.5 PR positions, to be funded from the appropriation under section 20.115 (8) (jm) of the statutes, as created by this act, for the purpose of regulating telephone solicitations under section 100.52 of the statutes, as created by this act.".

SB55-ASA1-AA85,10,3 (End)