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, s. 8 3Section 8. 100.52 (1) (d) of the statutes is created to read:
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, s. 9 6Section 9. 100.52 (1) (e) of the statutes is created to read:
SB267-SSA1,3,87 100.52 (1) (e) "Telecommunications utility" has the meaning given in s. 196.01
8(10).
SB267-SSA1, s. 10 9Section 10. 100.52 (1) (g) of the statutes is created to read:
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, s. 11 13Section 11. 100.52 (2) of the statutes is created to read:
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, s. 12 12Section 12. 100.52 (3) of the statutes is created to read:
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, s. 14 7Section 14. 100.52 (4) (b) of the statutes is created to read:
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, s. 15 11Section 15. 100.52 (4) (c) of the statutes is created to read:
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, s. 16 15Section 16. 100.52 (4) (d) of the statutes is created to read:
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, s. 17 18Section 17. 100.52 (5) of the statutes is created to read:
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, s. 18 22Section 18. 100.52 (6) of the statutes is created to read:
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, s. 19
1Section 19. 100.52 (7) of the statutes is created to read:
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.
SB267-SSA1, s. 20 6Section 20. 134.72 (title) of the statutes is amended to read:
SB267-SSA1,6,8 7134.72 (title) Prohibition of certain unsolicited messages by telephone
8or
facsimile machine.
SB267-SSA1, s. 21 9Section 21. 134.72 (1) (c) of the statutes is renumbered 100.52 (1) (f) and
10amended to read:
SB267-SSA1,6,1411 100.52 (1) (f) "Telephone solicitation" means the unsolicited initiation of a
12telephone conversation for the purpose of encouraging a person to purchase property,
13goods or services or to make a contribution, donation, grant or pledge of money,
14credit, property or other thing of any kind or value
.
SB267-SSA1, s. 22 15Section 22. 134.72 (2) (a) (title) of the statutes is repealed.
SB267-SSA1, s. 23 16Section 23. 134.72 (2) (a) of the statutes is renumbered 100.52 (4) (a).
SB267-SSA1, s. 24 17Section 24. 134.72 (2) (b) (title) of the statutes is repealed.
SB267-SSA1, s. 25 18Section 25. 134.72 (2) (b) of the statutes is renumbered 134.72 (2), and 134.72
19(2) (b), as renumbered, is amended to read:
SB267-SSA1,6,2320 134.72 (2) (b) Notwithstanding subd. 1. par. (a), a person may not make a
21facsimile solicitation to a person who has notified the facsimile solicitor in writing
22or by facsimile transmission that the person does not want to receive facsimile
23solicitation.
SB267-SSA1, s. 26 24Section 26. 134.72 (3) (a) of the statutes is amended to read:
SB267-SSA1,7,2
1134.72 (3) (a) Intrastate. This section applies to any intrastate telephone
2solicitation or
intrastate facsimile solicitation.
SB267-SSA1, s. 27 3Section 27. 134.72 (3) (b) of the statutes is amended to read:
SB267-SSA1,7,54 134.72 (3) (b) Interstate. This section applies to any interstate telephone
5solicitation, or
interstate facsimile solicitation, received by a person in this state.
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