LRB-3840/2
PJH:emw
2015 - 2016 LEGISLATURE
January 22, 2016 - Introduced by Senators Roth,
Gudex, Marklein, Petrowski,
Shilling and Olsen, cosponsored by Representatives Rodriguez, Billings,
R.
Brooks, Considine, Gannon, Kremer, Kulp, Macco, Petersen, Schraa, Tittl,
Vorpagel, Zepnick, A. Ott and Bowen. Referred to Committee on Workforce
Development, Public Works, and Military Affairs.
SB626,1,3
1An Act to amend 813.12 (5m), 813.122 (5g), 813.123 (5g) and 813.125 (5m); and
2to create 813.12 (4g), 813.122 (5c), 813.123 (5c) and 813.125 (4g) of the
3statutes;
relating to: injunctions against harrassment and abuse.
Analysis by the Legislative Reference Bureau
This bill allows a court that enjoins a person (respondent) from certain acts of
harassment, domestic abuse, or other abuse to order a wireless telephone service
provider (provider) to transfer, from the respondent to the person who requested the
injunction (petitioner), all rights to, and responsibility for, the use of telephone
numbers used by the petitioner or by his or her minor children.
The bill requires the provider to complete the transfer within 72 hours of
receiving the order, unless the account has already been terminated, the transfer
would make one or more devices inoperable or dysfunctional, or a transfer would
cause geographic or other limitations on service to the petitioner. The bill grants
immunity from civil liability to providers for their compliance with the court order.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB626,1
4Section
1. 813.12 (4g) of the statutes is created to read:
SB626,2,65
813.12
(4g) Order; telephone services. (a) Unless a condition described in par.
6(b) exists, a judge or circuit court commissioner who issues an injunction under sub.
1(4) may, upon request by the petitioner, order a wireless telephone service provider
2to transfer to the petitioner the right to continue to use a telephone number or
3numbers indicated by the petitioner and the financial responsibility associated with
4the number or numbers, as set forth in par. (c). The petitioner may request transfer
5of each telephone number he or she, or a minor child in his or her custody, uses. The
6order shall contain all of the following:
SB626,2,77
1. The name and billing telephone number of the account holder.
SB626,2,88
2. Each telephone number that will be transferred.
SB626,2,129
3. A statement that the provider transfers to the petitioner all financial
10responsibility for and right to the use of any telephone number transferred under
11this subsection. In this subdivision, "financial responsibility" includes monthly
12service costs and costs associated with any mobile device associated with the number.
SB626,2,1613
(b) A wireless telephone service provider shall terminate the respondent's use
14of, and shall transfer to the petitioner use of, the telephone number or numbers
15indicated in par. (a) unless it notifies the petitioner, within 72 hours after it receives
16the order, that one of the following applies:
SB626,2,1717
1. The account holder named in the order has terminated the account.
SB626,2,1918
2. A difference in network technology would prevent or impair the functionality
19of a device on a network if the transfer occurs.
SB626,2,2120
3. The transfer would cause a geographic or other limitation on network or
21service provision to the petitioner.
SB626,2,2322
4. Another technological or operational issue would prevent or impair the use
23of the telephone number if the transfer occurs.
SB626,3,224
(c) The petitioner assumes all financial responsibility for and right to the use
25of any telephone number transferred under this subsection. In this paragraph,
1"financial responsibility" includes monthly service costs and costs associated with
2any mobile device associated with the number.
SB626,3,63
(d) A wireless telephone service provider may apply to the petitioner its routine
4and customary requirements for establishing an account or transferring a number,
5including requiring the petitioner to provide proof of identification, financial
6information, and customer preferences.
SB626,3,87
(e) A wireless telephone service provider is immune from civil liability for its
8actions taken in compliance with a court order issued under this subsection.
SB626,2
9Section
2. 813.12 (5m) of the statutes is amended to read:
SB626,3,1410
813.12
(5m) Confidentiality of victim's address. The petition under sub. (5)
11and the court order under sub. (3)
or, (4)
, or (4g) may not disclose the address of the
12alleged victim. The petitioner shall provide the clerk of circuit court with the
13petitioner's address when he or she files a petition under this section. The clerk shall
14maintain the petitioner's address in a confidential manner.
SB626,3
15Section
3. 813.122 (5c) of the statutes is created to read:
SB626,3,2316
813.122
(5c) Order; telephone services. (a) Unless a condition described in
17par. (b) exists, a judge or circuit court commissioner who issues an injunction under
18sub. (5) may, upon request by the petitioner, order a wireless telephone service
19provider to transfer to the petitioner the right to continue to use a telephone number
20or numbers indicated by the petitioner and the financial responsibility associated
21with the number or numbers, as set forth in par. (c). The petitioner may request
22transfer of each telephone number he or she, or a minor child in his or her custody,
23uses. The order shall contain all of the following:
SB626,3,2424
1. The name and billing telephone number of the account holder.
SB626,3,2525
2. Each telephone number that will be transferred.
SB626,4,4
13. A statement that the provider transfers to the petitioner all financial
2responsibility for and right to the use of any telephone number transferred under
3this subsection. In this subdivision, "financial responsibility" includes monthly
4service costs and costs associated with any mobile device associated with the number.
SB626,4,85
(b) A wireless telephone service provider shall terminate the respondent's use
6of, and shall transfer to the petitioner use of, the telephone number or numbers
7indicated in par. (a) unless it notifies the petitioner, within 72 hours after it receives
8the order, that one of the following applies:
SB626,4,99
1. The account holder named in the order has terminated the account.
SB626,4,1110
2. A difference in network technology would prevent or impair the functionality
11of a device on a network if the transfer occurs.
SB626,4,1312
3. The transfer would cause a geographic or other limitation on network or
13service provision to the petitioner.
SB626,4,1514
4. Another technological or operational issue would prevent or impair the use
15of the telephone number if the transfer occurs.
SB626,4,1916
(c) The petitioner assumes all financial responsibility for and right to the use
17of any telephone number transferred under this subsection. In this paragraph,
18"financial responsibility" includes monthly service costs and costs associated with
19any mobile device associated with the number.
SB626,4,2320
(d) A wireless telephone service provider may apply to the petitioner its routine
21and customary requirements for establishing an account or transferring a number,
22including requiring the petitioner to provide proof of identification, financial
23information, and customer preferences.
SB626,4,2524
(e) A wireless telephone service provider is immune from civil liability for its
25actions taken in compliance with a court order issued under this subsection.
SB626,4
1Section
4. 813.122 (5g) of the statutes is amended to read:
SB626,5,72
813.122
(5g) Confidentiality of addresses. The petition under sub. (6) and
3the court order under sub. (4)
or, (5)
, or (5c) may not disclose the address of the
4petitioner or of the alleged child victim. The petitioner shall provide the clerk of
5circuit court with the address of the petitioner and of the alleged child victim when
6he or she files a petition under this section. The clerk shall maintain the addresses
7in a confidential manner.
SB626,5
8Section
5. 813.123 (5c) of the statutes is created to read:
SB626,5,169
813.123
(5c) Order; telephone services. (a) Unless a condition described in
10par. (b) exists, a judge or circuit court commissioner who issues an injunction under
11sub. (5) may, upon request by the petitioner, order a wireless telephone service
12provider to transfer to the petitioner the right to continue to use a telephone number
13or numbers indicated by the petitioner and the financial responsibility associated
14with the number or numbers, as set forth in par. (c). The petitioner may request
15transfer of each telephone number he or she, or a minor child in his or her custody,
16uses. The order shall contain all of the following:
SB626,5,1717
1. The name and billing telephone number of the account holder.
SB626,5,1818
2. Each telephone number that will be transferred.
SB626,5,2219
3. A statement that the provider transfers to the petitioner all financial
20responsibility for and right to the use of any telephone number transferred under
21this subsection. In this subdivision, "financial responsibility" includes monthly
22service costs and costs associated with any mobile device associated with the number.
SB626,6,223
(b) A wireless telephone service provider shall terminate the respondent's use
24of, and shall transfer to the petitioner use of, the telephone number or numbers
1indicated in par. (a) unless it notifies the petitioner, within 72 hours after it receives
2the order, that one of the following applies:
SB626,6,33
1. The account holder named in the order has terminated the account.
SB626,6,54
2. A difference in network technology would prevent or impair the functionality
5of a device on a network if the transfer occurs.
SB626,6,76
3. The transfer would cause a geographic or other limitation on network or
7service provision to the petitioner.
SB626,6,98
4. Another technological or operational issue would prevent or impair the use
9of the telephone number if the transfer occurs.
SB626,6,1310
(c) The petitioner assumes all financial responsibility for and right to the use
11of any telephone number transferred under this subsection. In this paragraph,
12"financial responsibility" includes monthly service costs and costs associated with
13any mobile device associated with the number.
SB626,6,1714
(d) A wireless telephone service provider may apply to the petitioner its routine
15and customary requirements for establishing an account or transferring a number,
16including requiring the petitioner to provide proof of identification, financial
17information, and customer preferences.
SB626,6,1918
(e) A wireless telephone service provider is immune from civil liability for its
19actions taken in compliance with a court order issued under this subsection.
SB626,6
20Section
6. 813.123 (5g) of the statutes is amended to read:
SB626,7,221
813.123
(5g) Confidentiality of addresses. The petition under sub. (6) and
22the court order under sub. (4)
or, (5)
, or (5c) may not disclose the address of the
23petitioner or of the individual at risk. The petitioner shall provide the clerk of circuit
24court with the address of the petitioner and of the individual at risk when he or she
1files a petition under this section. The clerk shall maintain the addresses in a
2confidential manner.
SB626,7
3Section
7. 813.125 (4g) of the statutes is created to read:
SB626,7,114
813.125
(4g) Order; telephone services. (a) Unless a condition described in
5par. (b) exists, a judge or circuit court commissioner who issues an injunction under
6sub. (4) may, upon request by the petitioner, order a wireless telephone service
7provider to transfer to the petitioner the right to continue to use a telephone number
8or numbers indicated by the petitioner and the financial responsibility associated
9with the number or numbers, as set forth in par. (c). The petitioner may request
10transfer of each telephone number he or she, or a minor child in his or her custody,
11uses. The order shall contain all of the following: