LRBs0476/1
CTS:lmk:ch
2005 - 2006 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2005 SENATE BILL 116
February 20, 2006 - Offered by Senator Erpenbach.
SB116-SSA1,1,7
1An Act to repeal 100.52 (1) (b), (d), (f) and (h), 100.52 (10) (b) and 134.72 (4);
to
2renumber 134.72 (title) and (1) to (3);
to renumber and amend 100.52 (10)
3(a);
to amend 100.52 (2) (a), 100.52 (2) (b), 100.52 (3) (a), 100.52 (4) (a) 2., 100.52
4(4) (a) 3., 100.52 (4) (c), 134.95 (2), 767.265 (2r) and 968.01 (1); and
to create
513.101 (18), 100.52 (1) (bm), 100.52 (3) (am) and 100.54 (4) of the statutes;
6relating to: prohibitions against certain telephone and facsimile solicitations,
7and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law regulates telephone solicitation, defined as the unsolicited
initiation of a telephone conversation for the purpose of encouraging the recipient of
the telephone call to purchase property, goods, or services. Generally, under current
law, a telephone solicitor may not make a telephone solicitation to a residential
customer if the customer's telephone number is included in a directory, maintained
by the Department of Agriculture, Trade and Consumer Protection (DATCP), listing
residential customers who do not wish to receive telephone solicitations. This
substitute amendment alters current law regarding telephone solicitations as
follows.
1. Current law regulates telephone solicitations made to traditional "land line"
customers. This substitute amendment broadens current law to include cellular
telephone customers. As a result, the directory may include a customer's cellular
telephone number, and telephone solicitors may not make telephone solicitations to
cellular telephone numbers that are included in the directory.
2. Current law allows only individuals to request inclusion in the directory.
Under the substitute amendment, a small business, as defined in the substitute
amendment, may request inclusion of a land line number or cellular telephone
number in the directory.
3. Under current law, telephone solicitors must register with DATCP and pay
an annual fee that is based on the cost of maintaining the directory. Under the
substitute amendment, DATCP must collect the registration fee in quarterly
installments, but DATCP must reduce or waive installments if DATCP estimates
that, at the end of the fiscal year, its fee collections will exceed expenditures for
maintaining the directory by 15 percent or more.
Current law also prohibits facsimile solicitations without the consent of the
recipient, unless certain conditions are met. Also, a facsimile solicitor must honor
a recipient's written or facsimile request not to receive facsimile solicitations. Under
current law, district attorneys are authorized to enforce these provisions through
forfeiture actions. This substitute amendment increases the maximum forfeiture
and transfers investigation and enforcement authority for these provisions to
DATCP. Under the substitute amendment, DATCP also administers these
provisions.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB116-SSA1,2,32
13.101
(18) Notwithstanding sub. (4), the committee may not transfer funds
3from the appropriation under 20.115 (8) (jm).
SB116-SSA1, s. 2
4Section
2. 100.52 (1) (b), (d), (f) and (h) of the statutes are repealed.
SB116-SSA1, s. 3
5Section
3. 100.52 (1) (bm) of the statutes is created to read:
SB116-SSA1,2,86
100.52
(1) (bm) "Customer" means an individual or small business in this state
7that is furnished with telecommunications service. In this paragraph, "small
8business" has the meaning given in s. 227.114 (1).
SB116-SSA1,3,52
100.52
(2) (a) Upon a request by a
residential customer, the department shall
3include in the nonsolicitation directory a listing indicating that the
residential 4customer does not want to receive telephone solicitations made on behalf of a
5telephone solicitor.
SB116-SSA1,3,167
100.52
(2) (b) The department shall promulgate rules for establishing,
8maintaining, and semiannually updating a directory that includes listings of
9residential customers who do not wish to receive telephone solicitations made on
10behalf of telephone solicitors. The rules promulgated under this paragraph shall
11establish requirements and procedures for a
residential customer to request a listing
12in the directory. The rules shall also require a
residential customer who requests a
13listing in the directory to notify the department on a biennial basis if the
residential 14customer wishes to continue to be included in the directory. The department shall
15eliminate a
residential customer from the directory if the customer does not make
16the biennial notification.
SB116-SSA1, s. 6
17Section
6. 100.52 (3) (a) of the statutes is amended to read:
SB116-SSA1,4,418
100.52
(3) (a) The department shall promulgate rules that require any
19telephone solicitor who requires an employee or contractor to make a telephone
20solicitation to a
residential customer in this state to register with the department,
21obtain a registration number from the department, and pay a registration fee to the
22department
in quarterly installments. The amount of the registration fee shall be
23based on the cost of establishing the nonsolicitation directory, and the amount that
24an individual telephone solicitor is required to pay shall be based on the number of
25telephone lines used by the telephone solicitor to make telephone solicitations. The
1rules shall also require a telephone solicitor that registers with the department to
2pay an annual registration renewal fee to the department. The amount of the
3registration renewal fee shall be based on the cost of maintaining the nonsolicitation
4directory.
SB116-SSA1, s. 7
5Section
7. 100.52 (3) (am) of the statutes is created to read:
SB116-SSA1,4,136
100.52
(3) (am) Annually, no later than January 1, the department shall
7estimate the total expenditures from the appropriation under s. 20.115 (8) (jm) in
8that fiscal year and the unencumbered balance that will remain in the appropriation
9under s. 20.115 (8) (jm) at the end of that fiscal year. If the estimated unencumbered
10balance exceeds 15 percent of the estimated expenditures from that appropriation
11the department shall reduce or waive one or more quarterly installments under par.
12(a). The department shall apply any reduction or waiver under this paragraph
13proportionally to all telephone solicitors registered under par. (a).
SB116-SSA1, s. 8
14Section
8. 100.52 (4) (a) 2. of the statutes is amended to read:
SB116-SSA1,4,1715
100.52
(4) (a) 2. Make a telephone solicitation to a
residential customer if the
16nonsolicitation directory that is provided or made available to the telephone solicitor
17under sub. (2) (d) includes a listing for the
residential customer.
SB116-SSA1, s. 9
18Section
9. 100.52 (4) (a) 3. of the statutes is amended to read:
SB116-SSA1,4,2219
100.52
(4) (a) 3. Make a telephone solicitation to a
nonresidential customer 20person in this state if the
nonresidential customer person has provided notice by mail
21to the telephone solicitor that the
nonresidential customer person does not wish to
22receive telephone solicitations.
SB116-SSA1,5,324
100.52
(4) (c) A telephone solicitor or employee or contractor of a telephone
25solicitor that makes a telephone solicitation to a
nonresidential customer person in
1this state shall, upon the request of the
nonresidential customer person, provide the
2mailing address for notifying the telephone solicitor that the
nonresidential
3customer person does not wish to receive telephone solicitations.
SB116-SSA1, s. 11
4Section
11. 100.52 (10) (a) of the statutes is renumbered 100.52 (10) and
5amended to read:
SB116-SSA1,5,86
100.52
(10) Except as provided in par. (b), a A person who violates this section
7may be required to forfeit
$100 not less than $1,000 nor more than $10,000 for each
8violation.
SB116-SSA1,5,1211
100.54
(4) Enforcement. (a) The department may use its authority in ss. 93.14
12and 93.15 to investigate violations of this section.
SB116-SSA1,5,1413
(b) The department may commence an action in circuit court in the name of the
14state to restrain by temporary or permanent injunction the violation of this section.
SB116-SSA1,5,1815
(c) The department, or, after consulting with the department, the department
16of justice or any district attorney may commence an action in the name of the state
17to recover a civil forfeiture to the state of not less than $1,000 nor more than $10,000
18for each violation of this section.
SB116-SSA1, s. 14
19Section
14. 134.72 (title) and (1) to (3) of the statutes are renumbered 100.54
20(title) and (1) to (3).
SB116-SSA1,6,423
134.95
(2) Supplemental forfeiture. If a fine or a forfeiture is imposed on a
24person for a violation under s. 100.171, 100.173, 100.174, 100.175, 100.177, 134.71,
25134.72, 134.73, or 134.87 or ch. 136 or a rule promulgated under these sections or that
1chapter, the person shall be subject to a supplemental forfeiture not to exceed
2$10,000 for that violation if the conduct by the defendant, for which the fine or
3forfeiture was imposed, was perpetrated against an elderly person or disabled person
4and if any of the factors under s. 100.264 (2) (a), (b), or (c) is present.
SB116-SSA1,6,216
767.265
(2r) Upon entry of each order for child support, maintenance, family
7support, support by a spouse or the annual receiving and disbursing fee, and upon
8approval of each stipulation for child support, unless the court finds that income
9withholding is likely to cause the payer irreparable harm or unless s. 767.267
10applies, the court, circuit court commissioner or county child support agency under
11s. 59.53 (5) shall provide notice of the assignment by regular mail or by facsimile
12machine, as defined in s.
134.72 (1) (a) 100.54 (1) (a), or other electronic means to the
13last-known address of the person from whom the payer receives or will receive
14money. The notice shall provide that the amount withheld may not exceed the
15maximum amount that is subject to garnishment under
15 USC 1673 (b) (2). If the
16department or its designee, whichever is appropriate, does not receive the money
17from the person notified, the court, circuit court commissioner or county child
18support agency under s. 59.53 (5) shall provide notice of the assignment to any other
19person from whom the payer receives or will receive money. Notice under this
20subsection may be a notice of the court, a copy of the executed assignment or a copy
21of that part of the court order directing payment.
SB116-SSA1,6,2423
968.01
(1) ``Facsimile machine" has the meaning given in s.
134.72 (1) (a) 24100.54 (1) (a).
