SB55-SSA1-SA2,356,2
1100.42
(1) (cm) Notwithstanding s. 93.01 (3), "department" means the
2department of justice.
SB55-SSA1-SA2,356,54
100.43
(1) (am) Notwithstanding s. 93.01 (3), "department" means the
5department of justice.
SB55-SSA1-SA2,356,137
100.44
(5) Enforcement. For any violation of sub. (3), the department
of justice 8may, on behalf of the state, bring an action in any court of competent jurisdiction for
9the recovery of forfeitures authorized under sub. (4), for temporary or permanent
10injunctive relief and for any other appropriate relief. The court may make any order
11or judgment that is necessary to restore to any person any pecuniary loss suffered
12because of a violation of sub. (3) if proof of the loss is shown to the satisfaction of the
13court.".
SB55-SSA1-SA2,356,17
17100.52 (title)
Telephone solicitations.
SB55-SSA1-SA2,356,1919
100.52
(1) (title)
Definitions.
SB55-SSA1-SA2,356,2321
100.52
(1) (a) "Affiliate," when used in relation to any person, means another
22person who owns or controls, is owned or controlled by, or is under common
23ownership or control with such person.
SB55-SSA1-SA2,357,1
1100.52
(1) (b) "Basic local exchange service" has the meaning in s. 196.01 (1g).
SB55-SSA1-SA2,357,63
100.52
(1) (c) "Nonprofit organization" means a corporation, association, or
4organization described in section
501 (c) (3), (4), (5), or (19) of the Internal Revenue
5Code that is exempt from taxation under section
501 (a) of the Internal Revenue
6Code.
SB55-SSA1-SA2,357,108
100.52
(1) (d) "Nonresidential customer" means a person, other than a
9residential customer, who is furnished with telecommunications service by a
10telecommunications utility.
SB55-SSA1-SA2,357,1312
100.52
(1) (e) "Nonsolicitation directory" means the directory established in
13rules promulgated by the department under sub. (2) (b).
SB55-SSA1-SA2,357,1715
100.52
(1) (f) "Residential customer" means an individual who is furnished
16with basic local exchange service by a telecommunications utility, but does not
17include an individual who operates a business at his or her residence.
SB55-SSA1-SA2,357,2019
100.52
(1) (g) "Telecommunications service" has the meaning given in s. 196.01
20(9m).
SB55-SSA1-SA2,357,2322
100.52
(1) (h) "Telecommunications utility" has the meaning given in s. 196.01
23(10).
SB55-SSA1-SA2,358,3
1100.52
(1) (j) "Telephone solicitor" means a person, other than a nonprofit
2organization or an employee or contractor of a nonprofit organization, that employs
3or contracts with an individual to make a telephone solicitation.
SB55-SSA1-SA2,358,85
100.52
(2) Nonsolicitation directory listing. (a) Upon a request by a
6residential customer, the department shall include in the nonsolicitation directory
7a listing indicating that the residential customer does not want to receive any
8telephone solicitation made on behalf of a telephone solicitor.
SB55-SSA1-SA2,358,189
(b) The department shall promulgate rules for establishing, maintaining, and
10semiannually updating a directory that includes listings of residential customers
11who do not wish to receive telephone solicitations made on behalf of telephone
12solicitors. The rules promulgated under this paragraph shall establish requirements
13and procedures for a residential customer to request a listing in the directory. The
14rules shall also require a residential customer who requests a listing in the directory
15to notify the department on a biennial basis if the residential customer wishes to
16continue to be included in the directory. The department shall eliminate a
17residential customer from the directory if the customer does not make the biennial
18notification.
SB55-SSA1-SA2,358,2219
(c) Except for copies of the nonsolicitation directory that are provided to
20registered telephone solicitors under par. (d), the nonsolicitation directory is not
21subject to inspection, copying, or receipt under s. 19.35 (1) and may not be released
22by the department.
SB55-SSA1-SA2,359,623
(d) The department shall, on a semiannual basis, make the nonsolicitation
24directory available by electronic transmission only to telephone solicitors who are
25registered under sub. (3). Upon the request of a telephone solicitor registered under
1sub. (3), the department shall also provide a printed copy of the nonsolicitation
2directory to the telephone solicitor. A telephone solicitor who receives a copy of the
3directory, or to whom the directory is made available by electronic transmission,
4under this paragraph may not solicit or accept from any person, directly or indirectly,
5anything of value in exchange for providing the person with any information
6included in the copy.
SB55-SSA1-SA2,359,198
100.52
(3) Registration of telephone solicitors. (a) The department shall
9promulgate rules that require any telephone solicitor who requires an employee or
10contractor to make a telephone solicitation to a residential customer in this state to
11register with the department, obtain a registration number from the department,
12and pay a registration fee to the department. The amount of the registration fee shall
13be based on the cost of establishing the nonsolicitation directory, and the amount that
14an individual telephone solicitor is required to pay shall be based on the number of
15telephone lines used by the telephone solicitor to make telephone solicitations. The
16rules shall also require a telephone solicitor that registers with the department to
17pay an annual registration renewal fee to the department. The amount of the
18registration renewal fee shall be based on the cost of maintaining the nonsolicitation
19directory.
SB55-SSA1-SA2,359,2220
(b) The department shall promulgate rules that require an individual who
21makes a telephone solicitation on behalf of a telephone solicitor to identify at the
22beginning of the telephone conversation each of the following:
SB55-SSA1-SA2,359,2323
1. The telephone solicitor.
SB55-SSA1-SA2,360,224
2. If different than the telephone solicitor, the person selling the property,
25goods, or services, or receiving the contribution, donation, grant, or pledge of money,
1credit, property, or other thing of any kind, that is the reason for the telephone
2solicitation.
SB55-SSA1-SA2,360,44
100.52
(4) (title)
Telephone solicitor requirements.
SB55-SSA1-SA2,360,86
100.52
(4) (a) 2. Make a telephone solicitation to a residential customer if the
7nonsolicitation directory that is provided or made available to the telephone solicitor
8under sub. (2) (d) includes a listing for the residential customer.
SB55-SSA1-SA2,360,119
3. Make a telephone solicitation to a nonresidential customer if the
10nonresidential customer has provided notice by mail to the telephone solicitor that
11the nonresidential customer does not wish to receive telephone solicitations.
SB55-SSA1-SA2,360,1313
100.52
(4) (b) A telephone solicitor may not do any of the following:
SB55-SSA1-SA2,360,1614
1. Require an employee or contractor to make a telephone solicitation to a
15person in this state unless the telephone solicitor is registered with the department
16under the rules promulgated under sub. (3) (a).
SB55-SSA1-SA2,360,1817
2. Require an employee or contractor to make a telephone solicitation that
18violates par. (a).
SB55-SSA1-SA2,360,2420
100.52
(4) (c) A telephone solicitor or employee or contractor of a telephone
21solicitor that makes a telephone solicitation to a nonresidential customer shall, upon
22the request of the nonresidential customer, provide the mailing address for notifying
23the telephone solicitor that the nonresidential customer does not wish to receive
24telephone solicitations.
SB55-SSA1-SA2,361,7
1100.52
(5) Nonprofit organization requirements. A nonprofit organization or
2an employee or contractor of a nonprofit organization may not make a telephone
3solicitation to a residential customer if the residential customer has provided notice
4by telephone, mail, or facsimile transmission to the nonprofit organization that the
5residential customer does not wish to receive telephone solicitations. A nonprofit
6organization may not require an employee or contractor to make a telephone
7solicitation that violates this subsection.
SB55-SSA1-SA2,361,109
100.52
(6) Exceptions. Subsections (4) (a) 2. and 3. and (5) do not apply to a
10telephone solicitation that satisfies any of the following:
SB55-SSA1-SA2,361,1211
(a) The telephone solicitation is made to a recipient in response to the
12recipient's express written request for the telephone solicitation.
SB55-SSA1-SA2,361,1813
(b) The telephone solicitation is made to a recipient who is a current client of
14the person selling the property, goods, or services, or receiving the contribution,
15donation, grant, or pledge of money, credit, property, or other thing of any kind, that
16is the reason for the telephone solicitation. This paragraph does not apply if the
17recipient is a current client of an affiliate of such a person, but is not a current client
18of such a person.
SB55-SSA1-SA2,361,2220
100.52
(7) Territorial application. This section applies to any interstate
21telephone solicitation received by a person in this state and to any intrastate
22telephone solicitation.
SB55-SSA1-SA2,362,3
1100.52
(8) Private cause of action. Any person who suffers damages as the
2result of another person violating this section may bring an action against the person
3who violated this section to recover the amount of those damages.
SB55-SSA1-SA2,362,75
100.52
(9) Enforcement. The department shall investigate violations of this
6section and may bring an action for temporary or permanent injunctive or other relief
7for any violation of this section.
SB55-SSA1-SA2,362,119
100.52
(10) Penalties. (a) Except as provided in par. (b), a person who violates
10this section may be required to forfeit not less than $100 nor more than $500 for each
11violation.
SB55-SSA1-SA2,362,1412
(b) A telephone solicitor that violates sub. (4) or a nonprofit organization that
13violates sub. (5) may be required to forfeit not less than $1,000 nor more than $10,000
14for each violation.".
SB55-SSA1-SA2,362,2217
101.01
(4) "Employer" means any person, firm, corporation, state, county,
18town, city, village, school district, sewer district, drainage district,
or family care
19district
and, the Milwaukee County child welfare district, or any other public or
20quasi-public
corporations corporation as well as any agent, manager,
21representative
, or other person having control or custody of any employment, place
22of employment
, or of any employee.".
SB55-SSA1-SA2,363,10
1101.02
(15) (a) The department has such supervision of every employment,
2place of employment and public building in this state as is necessary adequately to
3enforce and administer all laws and all lawful orders requiring such employment,
4place of employment or public building to be safe, and requiring the protection of the
5life, health, safety and welfare of every employe in such employment or place of
6employment and every frequenter of such place of employment, and the safety of the
7public or tenants in any such public building.
This
Except for the purposes of
8enforcing and administering ss. 101.22, 101.25, and 101.255, this paragraph does not
9apply to occupational safety and health issues covered by standards established and
10enforced by the federal occupational safety and health administration.
SB55-SSA1-SA2,363,1712
101.02
(20) (a) For purposes of this subsection, "license" means a license,
13permit or certificate of certification or registration issued by the department under
14ss. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a),
15101.178 (2) or (3) (a),
101.25 (3), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82
16(2), 101.87, 101.935, 101.95, 101.951, 101.952, 145.02 (4), 145.035, 145.045, 145.15,
17145.16, 145.165, 145.17, 145.175, 145.18 or 167.10 (6m).
SB55-SSA1-SA2,363,2419
101.02
(21) (a) In this subsection, "license" means a license, permit or
20certificate of certification or registration issued by the department under s. 101.09
21(3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a), 101.178
22(2) or (3) (a),
101.25 (3), 101.63 (2), 101.653, 101.73 (5) or (6), 101.82 (2), 101.87,
23101.935, 101.95, 101.951, 101.952, 145.02 (4), 145.035, 145.045, 145.15, 145.16,
24145.165, 145.17, 145.175, 145.18 or 167.10 (6m).".
SB55-SSA1-SA2,364,53
100.46
(1) Energy conservation standards. The department
of justice may by
4rule adopt energy conservation standards for products that have been established in
5or promulgated under
42 USC 6291 to
6309.
SB55-SSA1-SA2,364,117
100.46
(2) Prohibited acts; enforcement. No person may sell at retail, install
8or cause to be installed any product that is not in compliance with rules promulgated
9under sub. (1). In addition to other penalties and enforcement procedures, the
10department
of justice may apply to a court for a temporary or permanent injunction
11restraining any person from violating a rule adopted under sub. (1).
SB55-SSA1-SA2,364,1513
100.50
(6) (b) In lieu of or in addition to the remedy under par. (a), the
14department
of justice may seek an injunction restraining any person from violating
15this section.
SB55-SSA1-SA2,364,1917
100.50
(6) (c) The department
of justice, or any district attorney upon the
18request of the department
of justice, may commence an action in the name of the
19state under par. (a) or (b).".
SB55-SSA1-SA2,365,222
101.175
(3) (intro.) The department, in consultation with the department of
23agriculture, trade and consumer protection justice, shall establish by rule quality
1standards for local energy resource systems which do not impede development of
2innovative systems but which do:".