SENATE SUBSTITUTE AMENDMENT 1,
TO 2007 SENATE BILL 99
January 31, 2008 - Offered by Joint Committee on Finance.
SB99-SSA1,1,5 1An Act to repeal 100.52 (10) (b); to renumber and amend 100.52 (10) (a); to
2amend
100.52 (1) (f), 100.52 (2) (b), 100.52 (2) (d), 100.52 (3) (a), 100.52 (4) (a)
33. and 100.52 (4) (c); and to create 100.52 (3) (am) and 893.93 (5) of the statutes;
4relating to: prohibitions against certain telephone solicitations and providing
5a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB99-SSA1, s. 1 6Section 1. 100.52 (1) (f) of the statutes is amended to read:
SB99-SSA1,1,107 100.52 (1) (f) "Residential customer" means an individual who is furnished
8with basic local exchange telecommunications service by a telecommunications
9utility
, but does not include an individual who operates a business at his or her
10residence.
SB99-SSA1, s. 2 11Section 2. 100.52 (2) (b) of the statutes is amended to read:
SB99-SSA1,2,10
1100.52 (2) (b) The department shall promulgate rules for establishing,
2maintaining, and semiannually quarterly updating a directory that includes listings
3of residential customers who do not wish to receive telephone solicitations made on
4behalf of telephone solicitors. The rules promulgated under this paragraph shall
5establish requirements and procedures for a residential customer to request a listing
6in the directory. The rules shall also require a residential customer who requests a
7listing in the directory to notify the department on a biennial basis if the residential
8customer wishes to continue to be included in the directory. The department shall
9eliminate a residential customer from the directory if the customer does not make
10the biennial notification.
SB99-SSA1, s. 3 11Section 3. 100.52 (2) (d) of the statutes is amended to read:
SB99-SSA1,2,2012 100.52 (2) (d) The department shall, on a semiannual quarterly basis, make
13the nonsolicitation directory available by electronic transmission only to telephone
14solicitors who are registered under sub. (3). Upon the request of a telephone solicitor
15registered under sub. (3), the department shall also provide a printed copy of the
16nonsolicitation directory to the telephone solicitor. A telephone solicitor who receives
17a copy of the directory, or to whom the directory is made available by electronic
18transmission, under this paragraph may not solicit or accept from any person,
19directly or indirectly, anything of value in exchange for providing the person with any
20information included in the copy.
SB99-SSA1, s. 4 21Section 4. 100.52 (3) (a) of the statutes is amended to read:
SB99-SSA1,3,822 100.52 (3) (a) The department shall promulgate rules that require any
23telephone solicitor who requires an employee or contractor to make a telephone
24solicitation to a residential customer in this state to register with the department,
25obtain a registration number from the department, and pay a registration fee to the

1department in quarterly installments. The amount of the registration fee shall be
2based on the cost of establishing the nonsolicitation directory, and the amount that
3an individual telephone solicitor is required to pay shall be based on the number of
4telephone lines used by the telephone solicitor to make telephone solicitations. The
5rules shall also require a telephone solicitor that registers with the department to
6pay an annual registration renewal fee to the department in quarterly installments.
7The amount of the registration renewal fee shall be based on the cost of maintaining
8the nonsolicitation directory.
SB99-SSA1, s. 5 9Section 5. 100.52 (3) (am) of the statutes is created to read:
SB99-SSA1,3,1710 100.52 (3) (am) Annually, no later than January 1, the department shall
11estimate the total expenditures from the appropriation under s. 20.115 (8) (jm) in
12that fiscal year and the unencumbered balance that will remain in the appropriation
13under s. 20.115 (8) (jm) at the end of that fiscal year. If the estimated unencumbered
14balance exceeds 15 percent of the estimated expenditures from that appropriation
15the department shall reduce or waive one or more quarterly installments under par.
16(a). The department shall apply any reduction or waiver under this paragraph
17proportionally to all telephone solicitors registered under par. (a).
SB99-SSA1, s. 6 18Section 6. 100.52 (4) (a) 3. of the statutes is amended to read:
SB99-SSA1,3,2319 100.52 (4) (a) 3. Make a telephone solicitation to a nonresidential customer
20person if within the 2-year period immediately preceding the telephone solicitation
21the nonresidential customer person has provided notice by mail or previously stated
22to the telephone solicitor or an employee or contractor of the telephone solicitor that
23the nonresidential customer person does not wish to receive telephone solicitations.
SB99-SSA1, s. 7 24Section 7. 100.52 (4) (c) of the statutes is amended to read:
SB99-SSA1,4,5
1100.52 (4) (c) A telephone solicitor or employee or contractor of a telephone
2solicitor that makes a telephone solicitation to a nonresidential person that is not a
3residential
customer shall, upon the request of the nonresidential customer person,
4provide the mailing address for notifying the telephone solicitor that the
5nonresidential customer person does not wish to receive telephone solicitations.
SB99-SSA1, s. 8 6Section 8. 100.52 (10) (a) of the statutes is renumbered 100.52 (10) and
7amended to read:
SB99-SSA1,4,98 100.52 (10) Except as provided in par. (b), a A person who violates this section
9may be required to forfeit not less than $100 nor more than $1,000 for each violation.
SB99-SSA1, s. 9 10Section 9. 100.52 (10) (b) of the statutes is repealed.
SB99-SSA1, s. 10 11Section 10. 893.93 (5) of the statutes is created to read:
SB99-SSA1,4,1312 893.93 (5) An action under s. 100.52 shall be commenced within 3 years after
13the cause of action accrues or be barred.
SB99-SSA1, s. 11 14Section 11. Effective date.
SB99-SSA1,4,1615 (1) This act takes effect on the first day of the 12th month beginning after
16publication.
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