2005 - 2006 LEGISLATURE
May 10, 2005 - Introduced by Representatives Schneider, Lehman, Pridemore,
Ainsworth, Seidel, Albers and Travis, cosponsored by Senators Darling and
Taylor. Referred to Committee on Energy and Utilities.
1An Act to amend
100.52 (1) (d), 100.52 (1) (f), 100.52 (2) (b) and 100.52 (10) (a); 2
and to create
100.52 (1) (bm), 100.52 (4) (a) 4. and 100.52 (10) (c) of the statutes; 3relating to: certain telephone solicitations and creating a penalty.
Analysis by the Legislative Reference Bureau
Current law imposes certain restrictions upon telephone solicitors, including
the following: (1) a telephone solicitor may not make a telephone solicitation to a
residential customer if the residential customer's telephone number is included in
a directory of residential customers who do not wish to receive telephone solicitations
(directory); (2) a telephone solicitor may not make a telephone solicitation to a
nonresidential customer who has provided notice to the telephone solicitor by mail
that the nonresidential customer does not wish to receive telephone solicitations.
Under current law, the definitions of residential customer and nonresidential
customer do not include mobile telephone customers. This bill broadens the
definitions of residential customer and nonresidential customer to include persons
who have commercial mobile service. As a result, under the bill, cellular telephone
numbers may be included in the directory and telephone solicitors may not make
telephone solicitations to such cellular telephone numbers. Also under the bill, a
nonresidential cellular telephone customer may provide notice by mail to a telephone
solicitor that the nonresidential customer does not wish to receive telephone
Current law also requires a residential customer who does not wish to receive
telephone solicitations to provide biennial notice to the Department of Agriculture,
Trade and Consumer Protection (DATCP). DATCP must eliminate a customer who
fails to give the required notice from the directory. The bill extends the length of time
for which a residential customer's notice to DATCP remains effective: under the bill,
a residential customer must provide the required notice every five years.
Finally, the bill prohibits a telephone solicitor or an employee or contractor of
a telephone solicitor from threatening violence or harassment against the recipient
of a telephone solicitation, against a member of the recipient's household, or against
the recipient's property. A telephone solicitor, employee, or contractor who violates
this prohibition with intent to frighten, intimidate, threaten, abuse, or harass may
be sentenced to a term of imprisonment of not more than three years and six months,
a fine of not more than $10,000, or both.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB415, s. 1
100.52 (1) (bm) of the statutes is created to read:
(bm) "Commercial mobile service" has the meaning given in s. 196.01 3
AB415, s. 2
100.52 (1) (d) of the statutes is amended to read:
(d) "Nonresidential customer" means a person, other than a 6
residential customer, who is furnished with telecommunications service
7commercial mobile service
by a telecommunications utility.
AB415, s. 3
100.52 (1) (f) of the statutes is amended to read:
(f) "Residential customer" means an individual who is furnished 10
with basic local exchange service or commercial mobile service
by a 11
telecommunications utility, but does not include an individual who operates a 12
business at his or her residence.
AB415, s. 4
100.52 (2) (b) of the statutes is amended to read:
(b) The department shall promulgate rules for establishing, 2
maintaining, and semiannually updating a directory that includes listings of 3
residential customers who do not wish to receive telephone solicitations made on 4
behalf of telephone solicitors. The rules promulgated under this paragraph shall 5
establish requirements and procedures for a residential customer to request a listing 6
in the directory. The rules shall also require a residential customer who requests a 7
listing in the directory to notify the department on a biennial basis every 5 years
the residential customer wishes to continue to be included in the directory. The 9
department shall eliminate a residential customer from the directory if the customer 10
does not make the biennial
notification required by this paragraph
AB415, s. 5
100.52 (4) (a) 4. of the statutes is created to read:
(a) 4. Threaten violence or harassment against the recipient of a 13
telephone solicitation, against the a member of the recipient's household, or against 14
the recipient's property.
AB415, s. 6
100.52 (10) (a) of the statutes is amended to read:
(a) Except as provided in par. (b) and (c)
, a person who violates this 17
section may be required to forfeit $100 for each violation.
AB415, s. 7
100.52 (10) (c) of the statutes is created to read:
(c) A telephone solicitor or an employee or a contractor of a 20
telephone solicitor who, with intent to frighten, intimidate, threaten, abuse, or 21
harass, violates sub. (4) (a) 4., is guilty of a Class I felony.
This act takes effect on the first day of the 4th month beginning after 24