SB55-ASA1-AA85,1,3 32. Page 296, line 15: after that line insert:
SB55-ASA1-AA85,1,4 4" Section 434m. 20.115 (8) (jm) of the statutes is created to read:
SB55-ASA1-AA85,1,85 20.115 (8) (jm) Telephone solicitation regulation. All moneys received from
6telephone solicitor registration and registration renewal fees paid under the rules
7promulgated under s. 100.52 (3) (a) for establishing and maintaining the
8nonsolicitation directory under s. 100.52 (2).".
SB55-ASA1-AA85,1,9 93. Page 890, line 16: after that line insert:
SB55-ASA1-AA85,1,10 10" Section 2429d. 100.264 (2) (intro.) of the statutes is amended to read:
SB55-ASA1-AA85,2,8
1100.264 (2) Supplemental forfeiture. (intro.) If a fine or a forfeiture is
2imposed on a person for a violation under s. 100.16, 100.17, 100.18, 100.182, 100.183,
3100.20, 100.205, 100.207, 100.21, 100.30 (3), 100.35, 100.44 or, 100.46, or 100.52 (10)
4(b)
or a rule promulgated under one of those sections, the person shall be subject to
5a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by
6the defendant, for which the violation was imposed, was perpetrated against an
7elderly person or disabled person and if the court finds that any of the following
8factors is present:".
SB55-ASA1-AA85,2,9 94. Page 890, line 25: after that line insert:
SB55-ASA1-AA85,2,10 10" Section 2435. 100.52 (title) of the statutes is created to read:
SB55-ASA1-AA85,2,11 11100.52 (title) Telephone solicitations.
SB55-ASA1-AA85, s. 2436 12Section 2436. 100.52 (1) (title) of the statutes is created to read:
SB55-ASA1-AA85,2,1313 100.52 (1) (title) Definitions.
SB55-ASA1-AA85, s. 2437b 14Section 2437b. 100.52 (1) (a) of the statutes is created to read:
SB55-ASA1-AA85,2,1715 100.52 (1) (a) "Affiliate," when used in relation to any person, means another
16person who owns or controls, is owned or controlled by, or is under common
17ownership or control with such person.
SB55-ASA1-AA85, s. 2438b 18Section 2438b. 100.52 (1) (b) of the statutes is created to read:
SB55-ASA1-AA85,2,1919 100.52 (1) (b) "Basic local exchange service" has the meaning in s. 196.01 (1g).
SB55-ASA1-AA85, s. 2439b 20Section 2439b. 100.52 (1) (c) of the statutes is created to read:
SB55-ASA1-AA85,2,2421 100.52 (1) (c) "Nonprofit organization" means a corporation, association, or
22organization described in section 501 (c) (3), (4), (5), or (19) of the Internal Revenue
23Code that is exempt from taxation under section 501 (a) of the Internal Revenue
24Code.
SB55-ASA1-AA85, s. 2440b
1Section 2440b. 100.52 (1) (d) of the statutes is created to read:
SB55-ASA1-AA85,3,42 100.52 (1) (d) "Nonresidential customer" means a person, other than a
3residential customer, who is furnished with telecommunications service by a
4telecommunications utility.
SB55-ASA1-AA85, s. 2440d 5Section 2440d. 100.52 (1) (e) of the statutes is created to read:
SB55-ASA1-AA85,3,76 100.52 (1) (e) "Nonsolicitation directory" means the directory established in
7rules promulgated by the department under sub. (2) (b).
SB55-ASA1-AA85, s. 2440f 8Section 2440f. 100.52 (1) (f) of the statutes is created to read:
SB55-ASA1-AA85,3,119 100.52 (1) (f) "Residential customer" means an individual who is furnished
10with basic local exchange service by a telecommunications utility, but does not
11include an individual who operates a business at his or her residence.
SB55-ASA1-AA85, s. 2440h 12Section 2440h. 100.52 (1) (g) of the statutes is created to read:
SB55-ASA1-AA85,3,1413 100.52 (1) (g) "Telecommunications service" has the meaning given in s. 196.01
14(9m).
SB55-ASA1-AA85, s. 2440j 15Section 2440j. 100.52 (1) (h) of the statutes is created to read:
SB55-ASA1-AA85,3,1716 100.52 (1) (h) "Telecommunications utility" has the meaning given in s. 196.01
17(10).
SB55-ASA1-AA85, s. 2440L 18Section 2440L. 100.52 (1) (j) of the statutes is created to read:
SB55-ASA1-AA85,3,2119 100.52 (1) (j) "Telephone solicitor" means a person, other than a nonprofit
20organization or an employee or contractor of a nonprofit organization, that employs
21or contracts with an individual to make a telephone solicitation.
SB55-ASA1-AA85, s. 2440n 22Section 2440n. 100.52 (2) of the statutes is created to read:
SB55-ASA1-AA85,4,223 100.52 (2) Nonsolicitation directory listing. (a) Upon a request by a
24residential customer, the department shall include in the nonsolicitation directory

1a listing indicating that the residential customer does not want to receive any
2telephone solicitation made on behalf of a telephone solicitor.
SB55-ASA1-AA85,4,123 (b) The department shall promulgate rules for establishing, maintaining, and
4semiannually updating a directory that includes listings of residential customers
5who do not wish to receive telephone solicitations made on behalf of telephone
6solicitors. The rules promulgated under this paragraph shall establish requirements
7and procedures for a residential customer to request a listing in the directory. The
8rules shall also require a residential customer who requests a listing in the directory
9to notify the department on a biennial basis if the residential customer wishes to
10continue to be included in the directory. The department shall eliminate a
11residential customer from the directory if the customer does not make the biennial
12notification.
SB55-ASA1-AA85,4,1613 (c) Except for copies of the nonsolicitation directory that are provided to
14registered telephone solicitors under par. (d), the nonsolicitation directory is not
15subject to inspection, copying, or receipt under s. 19.35 (1) and may not be released
16by the department.
SB55-ASA1-AA85,4,2517 (d) The department shall, on a semiannual basis, make the nonsolicitation
18directory available by electronic transmission only to telephone solicitors who are
19registered under sub. (3). Upon the request of a telephone solicitor registered under
20sub. (3), the department shall also provide a printed copy of the nonsolicitation
21directory to the telephone solicitor. A telephone solicitor who receives a copy of the
22directory, or to whom the directory is made available by electronic transmission,
23under this paragraph may not solicit or accept from any person, directly or indirectly,
24anything of value in exchange for providing the person with any information
25included in the copy.
SB55-ASA1-AA85, s. 2441b
1Section 2441b. 100.52 (3) of the statutes is created to read:
SB55-ASA1-AA85,5,132 100.52 (3) Registration of telephone solicitors. (a) The department shall
3promulgate rules that require any telephone solicitor who requires an employee or
4contractor to make a telephone solicitation to a residential customer in this state to
5register with the department, obtain a registration number from the department,
6and pay a registration fee to the department. The amount of the registration fee shall
7be based on the cost of establishing the nonsolicitation directory, and the amount that
8an individual telephone solicitor is required to pay shall be based on the number of
9telephone lines used by the telephone solicitor to make telephone solicitations. The
10rules shall also require a telephone solicitor that registers with the department to
11pay an annual registration renewal fee to the department. The amount of the
12registration renewal fee shall be based on the cost of maintaining the nonsolicitation
13directory.
SB55-ASA1-AA85,5,1614 (b) The department shall promulgate rules that require an individual who
15makes a telephone solicitation on behalf of a telephone solicitor to identify at the
16beginning of the telephone conversation each of the following:
SB55-ASA1-AA85,5,1717 1. The telephone solicitor.
SB55-ASA1-AA85,5,2118 2. If different than the telephone solicitor, the person selling the property,
19goods, or services, or receiving the contribution, donation, grant, or pledge of money,
20credit, property, or other thing of any kind, that is the reason for the telephone
21solicitation.
SB55-ASA1-AA85, s. 2442b 22Section 2442b. 100.52 (4) (title) of the statutes is created to read:
SB55-ASA1-AA85,5,2323 100.52 (4) (title) Telephone solicitor requirements.
SB55-ASA1-AA85, s. 2442d 24Section 2442d. 100.52 (4) (a) 2. and 3. of the statutes are created to read:
SB55-ASA1-AA85,6,3
1100.52 (4) (a) 2. Make a telephone solicitation to a residential customer if the
2nonsolicitation directory that is provided or made available to the telephone solicitor
3under sub. (2) (d) includes a listing for the residential customer.
SB55-ASA1-AA85,6,64 3. Make a telephone solicitation to a nonresidential customer if the
5nonresidential customer has provided notice by mail to the telephone solicitor that
6the nonresidential customer does not wish to receive telephone solicitations.
SB55-ASA1-AA85, s. 2442f 7Section 2442f. 100.52 (4) (b) of the statutes is created to read:
SB55-ASA1-AA85,6,88 100.52 (4) (b) A telephone solicitor may not do any of the following:
SB55-ASA1-AA85,6,119 1. Require an employee or contractor to make a telephone solicitation to a
10person in this state unless the telephone solicitor is registered with the department
11under the rules promulgated under sub. (3) (a).
SB55-ASA1-AA85,6,1312 2. Require an employee or contractor to make a telephone solicitation that
13violates par. (a).
SB55-ASA1-AA85, s. 2442h 14Section 2442h. 100.52 (4) (c) of the statutes is created to read:
SB55-ASA1-AA85,6,1915 100.52 (4) (c) A telephone solicitor or employee or contractor of a telephone
16solicitor that makes a telephone solicitation to a nonresidential customer shall, upon
17the request of the nonresidential customer, provide the mailing address for notifying
18the telephone solicitor that the nonresidential customer does not wish to receive
19telephone solicitations.
SB55-ASA1-AA85, s. 2443b 20Section 2443b. 100.52 (5) of the statutes is created to read:
SB55-ASA1-AA85,7,221 100.52 (5) Nonprofit organization requirements. A nonprofit organization or
22an employee or contractor of a nonprofit organization may not make a telephone
23solicitation to a residential customer if the residential customer has provided notice
24by telephone, mail, or facsimile transmission to the nonprofit organization that the
25residential customer does not wish to receive telephone solicitations. A nonprofit

1organization may not require an employee or contractor to make a telephone
2solicitation that violates this subsection.
SB55-ASA1-AA85, s. 2444b 3Section 2444b. 100.52 (6) of the statutes is created to read:
SB55-ASA1-AA85,7,54 100.52 (6) Exceptions. Subsections (4) (a) 2. and 3. and (5) do not apply to a
5telephone solicitation that satisfies any of the following:
SB55-ASA1-AA85,7,76 (a) The telephone solicitation is made to a recipient in response to the
7recipient's express written request for the telephone solicitation.
SB55-ASA1-AA85,7,138 (b) The telephone solicitation is made to a recipient who is a current client of
9the person selling the property, goods, or services, or receiving the contribution,
10donation, grant, or pledge of money, credit, property, or other thing of any kind, that
11is the reason for the telephone solicitation. This paragraph does not apply if the
12recipient is a current client of an affiliate of such a person, but is not a current client
13of such a person.
SB55-ASA1-AA85, s. 2445b 14Section 2445b. 100.52 (7) of the statutes is created to read:
SB55-ASA1-AA85,7,1715 100.52 (7) Territorial application. This section applies to any interstate
16telephone solicitation received by a person in this state and to any intrastate
17telephone solicitation.
SB55-ASA1-AA85, s. 2446b 18Section 2446b. 100.52 (8) of the statutes is created to read:
SB55-ASA1-AA85,7,2119 100.52 (8) Private cause of action. Any person who suffers damages as the
20result of another person violating this section may bring an action against the person
21who violated this section to recover the amount of those damages.
SB55-ASA1-AA85, s. 2446d 22Section 2446d. 100.52 (9) of the statutes is created to read:
SB55-ASA1-AA85,7,2523 100.52 (9) Enforcement. The department shall investigate violations of this
24section and may bring an action for temporary or permanent injunctive or other relief
25for any violation of this section.
SB55-ASA1-AA85, s. 2446f
1Section 2446f. 100.52 (10) of the statutes is created to read:
SB55-ASA1-AA85,8,42 100.52 (10) Penalties. (a) Except as provided in par. (b), a person who violates
3this section may be required to forfeit not less than $100 nor more than $500 for each
4violation.
SB55-ASA1-AA85,8,75 (b) A telephone solicitor that violates sub. (4) or a nonprofit organization that
6violates sub. (5) may be required to forfeit not less than $1,000 nor more than $10,000
7for each violation.".
SB55-ASA1-AA85,8,8 85. Page 940, line 4: after that line insert:
SB55-ASA1-AA85,8,9 9" Section 2818. 134.72 (title) of the statutes is amended to read:
SB55-ASA1-AA85,8,11 10134.72 (title) Prohibition of certain unsolicited messages by telephone
11or
facsimile machine.
SB55-ASA1-AA85, s. 2819b 12Section 2819b. 134.72 (1) (c) of the statutes is renumbered 100.52 (1) (i) and
13amended to read:
SB55-ASA1-AA85,8,1814 100.52 (1) (i) "Telephone solicitation" means the unsolicited initiation of a
15telephone conversation for the purpose of encouraging a person the recipient of the
16telephone call
to purchase property, goods or services or to make a contribution,
17donation, grant, or pledge of money, credit, property, or other thing of any kind or
18value
.
SB55-ASA1-AA85, s. 2820d 19Section 2820d. 134.72 (2) (a) (title) of the statutes is repealed.
SB55-ASA1-AA85, s. 2821b 20Section 2821b. 134.72 (2) (a) of the statutes is renumbered 100.52 (4) (a)
21(intro.) and amended to read:
SB55-ASA1-AA85,8,2322 100.52 (4) (a) (intro.) No person may use A telephone solicitor or an employee
23or contractor of a telephone solicitor may not do any of the following:
SB55-ASA1-AA85,9,2
11. Use an electronically prerecorded message in telephone solicitation without
2the consent of the person called recipient of the telephone call.
SB55-ASA1-AA85, s. 2822 3Section 2822. 134.72 (2) (b) (title) of the statutes is repealed.
SB55-ASA1-AA85, s. 2822m 4Section 2822m. 134.72 (2) (b) of the statutes is renumbered 134.72 (2), and
5134.72 (2) (b), as renumbered, is amended to read:
SB55-ASA1-AA85,9,96 134.72 (2) (b) Notwithstanding subd. 1. par. (a), a person may not make a
7facsimile solicitation to a person who has notified the facsimile solicitor in writing
8or by facsimile transmission that the person does not want to receive facsimile
9solicitation.
SB55-ASA1-AA85, s. 2824 10Section 2824. 134.72 (3) (a) of the statutes is amended to read:
SB55-ASA1-AA85,9,1211 134.72 (3) (a) Intrastate. This section applies to any intrastate telephone
12solicitation or
intrastate facsimile solicitation.
SB55-ASA1-AA85, s. 2825 13Section 2825. 134.72 (3) (b) of the statutes is amended to read:
SB55-ASA1-AA85,9,1514 134.72 (3) (b) Interstate. This section applies to any interstate telephone
15solicitation, or
interstate facsimile solicitation, received by a person in this state.
SB55-ASA1-AA85, s. 2826 16Section 2826. 134.72 (4) of the statutes is amended to read:
SB55-ASA1-AA85,9,1817 134.72 (4) Penalty. A person who violates this section may be required to
18forfeit up to not more than $500.".
SB55-ASA1-AA85,9,19 196. Page 1300, line 12: after that line insert:
SB55-ASA1-AA85,9,22 20"(4r) Telephone solicitation regulation. The authorized FTE positions for the
21department of agriculture, trade and consumer protection are increased by 5.5 PR
22positions, to be funded from the appropriation under section 20.115 (8) (jm) of the

1statutes, as created by this act, for the purpose of regulating telephone solicitations
2under section 100.52 of the statutes, as created by this act.".
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