LRBs0261/1
MDK:cmh:ch
1999 - 2000 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 1999 SENATE BILL 267
January 25, 2000 - Offered by
Privacy, Electronic Commerce and Financial
Institutions.
SB267-SSA1,1,10
1An Act to repeal 134.72 (2) (a) (title) and 134.72 (2) (b) (title);
to renumber
2134.72 (2) (a);
to renumber and amend 134.72 (1) (c) and 134.72 (2) (b);
to
3amend 100.264 (2) (intro.), 134.72 (title), 134.72 (3) (a) and 134.72 (3) (b); and
4to create 20.115 (8) (jm), 100.52 (title), 100.52 (1) (title), 100.52 (1) (a), 100.52
5(1) (b), 100.52 (1) (c), 100.52 (1) (d), 100.52 (1) (e), 100.52 (1) (g), 100.52 (2),
6100.52 (3), 100.52 (4) (title), 100.52 (4) (b), 100.52 (4) (c), 100.52 (4) (d), 100.52
7(5), 100.52 (6) and 100.52 (7) of the statutes;
relating to: prohibiting certain
8telephone solicitations, requiring the registration of telephone solicitors,
9requiring the exercise of rule-making authority, making an appropriation and
10providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB267-SSA1, s. 1
11Section
1. 20.115 (8) (jm) of the statutes is created to read:
SB267-SSA1,2,4
120.115
(8) (jm)
Telephone solicitation regulation. All moneys received from
2telephone solicitor registration and registration renewal fees paid under the rules
3promulgated under s. 100.52 (3) (a) for establishing and maintaining the
4nonsolicitation directory under s. 100.52 (2).
SB267-SSA1, s. 2
5Section
2. 100.264 (2) (intro.) of the statutes is amended to read:
SB267-SSA1,2,136
100.264
(2) Supplemental forfeiture. (intro.) If a fine or a forfeiture is
7imposed on a person for a violation under s. 100.16, 100.17, 100.18, 100.182, 100.183,
8100.20, 100.205, 100.207, 100.21, 100.30 (3), 100.35, 100.44
or, 100.46
or 100.52 or
9a rule promulgated under one of those sections, the person shall be subject to a
10supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the
11defendant, for which the violation was imposed, was perpetrated against an elderly
12person or disabled person and if the court finds that any of the following factors is
13present:
SB267-SSA1, s. 3
14Section
3. 100.52 (title) of the statutes is created to read:
SB267-SSA1,2,15
15100.52 (title)
Telephone solicitations.
SB267-SSA1, s. 4
16Section
4. 100.52 (1) (title) of the statutes is created to read:
SB267-SSA1,2,1717
100.52
(1) (title)
Definitions.
SB267-SSA1, s. 5
18Section
5. 100.52 (1) (a) of the statutes is created to read:
SB267-SSA1,2,1919
100.52
(1) (a) "Basic local exchange service" has the meaning in s. 196.01 (1g).
SB267-SSA1, s. 6
20Section
6. 100.52 (1) (b) of the statutes is created to read:
SB267-SSA1,2,2321
100.52
(1) (b) "Nonprofit organization" means a corporation, association or
22organization exempt from taxation under section
501 (c) (3) of the Internal Revenue
23Code.
SB267-SSA1, s. 7
24Section
7. 100.52 (1) (c) of the statutes is created to read:
SB267-SSA1,3,2
1100.52
(1) (c) "Nonsolicitation directory" means the directory established in
2rules promulgated by the department under sub. (2) (b).
SB267-SSA1,3,54
100.52
(1) (d) "Residential customer" means an individual who is furnished
5with basic local exchange service by a telecommunications utility.
SB267-SSA1,3,87
100.52
(1) (e) "Telecommunications utility" has the meaning given in s. 196.01
8(10).
SB267-SSA1,3,1210
100.52
(1) (g) "Telephone solicitor" means a person, other than a nonprofit
11organization, that employs or contracts with an individual to make a telephone
12solicitation.
SB267-SSA1,3,1714
100.52
(2) Nonsolicitation directory listing. (a) Upon a request by a
15residential customer, the department shall include in the nonsolicitation directory
16a listing indicating that the residential customer does not want to receive any
17telephone solicitation made on behalf of a telephone solicitor.
SB267-SSA1,4,218
(b) The department shall promulgate rules for establishing and maintaining
19a directory that includes listings of residential customers who do not wish to receive
20telephone solicitations made on behalf of telephone solicitors. The rules
21promulgated under this paragraph shall establish requirements and procedures for
22a residential customer to request a listing in the directory. The rules shall also
23require a residential customer who requests a listing in the directory to notify the
24department on a biennial basis if the residential customer wishes to continue to be
1included in the directory. The department shall eliminate a residential customer
2from the directory if the customer does not make the biennial notification.
SB267-SSA1,4,63
(c) Except for copies of the nonsolicitation directory that are provided to
4registered telephone solicitors under par. (d), the nonsolicitation directory is not
5subject to inspection, copying or receipt under s. 19.35 (1) and may not be released
6by the department.
SB267-SSA1,4,117
(d) The department may provide copies of the nonsolicitation directory only to
8telephone solicitors who are registered under sub. (3). A telephone solicitor who
9receives a copy of the directory under this paragraph may not solicit or accept from
10any person, directly or indirectly, anything of value in exchange for providing the
11person with any information included in the copy.
SB267-SSA1,4,2413
100.52
(3) Registration of telephone solicitors. (a) The department shall
14promulgate rules that require any telephone solicitor who requires an employe to
15make a telephone solicitation to a person in this state to register with the
16department, obtain a registration number from the department and pay a
17registration fee to the department. The amount of the registration fee shall be based
18on the cost of establishing the nonsolicitation directory, and the amount that an
19individual telephone solicitor is required to pay shall be based on the number of
20telephone lines used by the telephone solicitor to make telephone solicitations. The
21rules shall also require a telephone solicitor that registers with the department to
22pay an annual registration renewal fee to the department. The amount of the
23registration renewal fee shall be based on the cost of maintaining the nonsolicitation
24directory.
SB267-SSA1,5,4
1(b) The department shall promulgate rules that require an individual who
2makes a telephone solicitation on behalf of a telephone solicitor to identify the
3telephone solicitor and the telephone solicitor's registration number at the beginning
4of the telephone conversation.
SB267-SSA1, s. 13
5Section
13. 100.52 (4) (title) of the statutes is created to read:
SB267-SSA1,5,66
100.52
(4) (title)
Prohibitions.
SB267-SSA1,5,108
100.52
(4) (b) A telephone solicitor may not require an employe to make a
9telephone solicitation to a person in this state unless the telephone solicitor is
10registered with the department under the rules promulgated under sub. (3) (a).
SB267-SSA1,5,1412
100.52
(4) (c) A person may not make a telephone solicitation to a residential
13customer if the nonsolicitation directory that is available to the public at the time of
14the telephone solicitation includes a listing for the residential customer.
SB267-SSA1,5,1716
100.52
(4) (d) A telephone solicitor may not require an employe to make a
17telephone solicitation that violates par. (a) or (c).
SB267-SSA1,5,2119
100.52
(5) Territorial application. This section applies to any interstate
20telephone solicitation received by a person in this state and to any intrastate
21telephone solicitation.
SB267-SSA1,5,2523
100.52
(6) Private cause of action. Any person who suffers damages as the
24result of another person violating this section may bring an action against the person
25who violated this section to recover the amount of those damages.
SB267-SSA1,6,32
100.52
(7) Penalties. (a) Except as provided in par. (b), a person who violates
3this section may forfeit not less than $100 nor more than $500 for each violation.
SB267-SSA1,6,54
(b) A telephone solicitor that violates sub. (4) (d) may forfeit not less than
5$1,000 nor more than $10,000 for each violation.
