ASSEMBLY AMENDMENT 1,
TO 2005 SENATE BILL 251
April 18, 2006 - Offered by Committee on Small Business.
SB251-AA1,1,11 At the locations indicated, amend the bill as follows:
SB251-AA1,1,3 21. Page 1, line 3: after "crews" insert "and independent temporary resident
3direct sellers".
SB251-AA1,1,4 42. Page 7, line 2: after that line insert:
SB251-AA1,1,5 5" Section 1g. 21.72 (1) (a) 10m. of the statutes is created to read:
SB251-AA1,1,66 21.72 (1) (a) 10m. A permit issued under s. 103.345.".
SB251-AA1,1,7 73. Page 7, line 5: after that line insert:
SB251-AA1,1,8 8" Section 2g. 60.33 (8p) of the statutes is created to read:
SB251-AA1,1,109 60.33 (8p) Traveling sales crew worker permits. Stamp or endorse traveling
10sales crew worker permits at the request of an employer under s. 103.34 (11) (c).
SB251-AA1, s. 2j 11Section 2j. 60.33 (8r) of the statutes is created to read:
SB251-AA1,2,3
160.33 (8r) Independent temporary resident direct seller permits. Stamp or
2endorse independent temporary resident direct seller permits at the request of a
3permit holder under s. 103.345 (2) (g).
SB251-AA1, s. 2m 4Section 2m. 61.25 (6p) of the statutes is created to read:
SB251-AA1,2,65 61.25 (6p) To stamp or endorse traveling sales crew worker permits at the
6request of an employer under s. 103.34 (11) (c).
SB251-AA1, s. 2p 7Section 2p. 61.25 (6r) of the statutes is created to read:
SB251-AA1,2,98 61.25 (6r) To stamp or endorse independent temporary resident direct seller
9permits at the request of a permit holder under s. 103.345 (2) (g).
SB251-AA1, s. 2r 10Section 2r. 62.09 (11) (L) of the statutes is created to read:
SB251-AA1,2,1211 62.09 (11) (L) The clerk shall stamp or endorse traveling sales crew worker
12permits at the request of an employer under s. 103.34 (11) (c).
SB251-AA1, s. 2t 13Section 2t. 62.09 (11) (m) of the statutes is created to read:
SB251-AA1,2,1614 62.09 (11) (m) The clerk shall stamp or endorse independent temporary
15resident direct seller permits at the request of a permit holder under s. 103.345 (2)
16(g).".
SB251-AA1,2,19 174. Page 9, line 7: after "convention" insert ", 2 or more individuals who are
18traveling together for the purpose of engaging in independent temporary resident
19direct seller activities, as defined in s. 103.345 (1) (d),".
SB251-AA1,2,20 205. Page 9, line 9: after "the sale" insert "by traveling sales crew workers".
SB251-AA1,2,21 216. Page 16, line 18: after that line insert:
SB251-AA1,3,5 22"(c) At the time an individual is provided with a disclosure statement under par.
23(a), the employer shall also provide the individual with a copy of the laws and rules
24of this state relating to the sale of goods or services to consumers from house to house,

1on any street, or in any other place that is open to the public. If the individual accepts
2the offer of employment, the individual shall sign a statement acknowledging receipt
3of the copy of those laws and rules and the employer shall file with the department
4of agriculture, trade and consumer protection the name of the individual and a copy
5of the statement signed by the individual.".
SB251-AA1,3,6 67. Page 26, line 18: after that line insert:
SB251-AA1,3,7 7" Section 5g. 103.345 of the statutes is created to read:
SB251-AA1,3,9 8103.345 Regulation of independent temporary resident direct sellers.
9(1)
Definitions. In this section:
SB251-AA1,3,1210 (a) "Financial institution" means a bank, savings bank, savings and loan
11association, or credit union that is authorized to do business under state or federal
12laws relating to financial institutions.
SB251-AA1,3,1813 (b) "Independent temporary resident direct seller" means an individual 18
14years of age or over who works as an independent contractor, who is absent overnight
15from his or her permanent place of residence for the purpose of engaging in
16independent temporary resident direct seller activities, and who has established a
17temporary residence with the intent of residing in that residence for not less than 31
18days.
SB251-AA1,3,2119 (c) "Independent temporary resident direct seller activities" means the sale by
20an independent temporary resident direct seller of goods or services to consumers
21from house to house, on any street, or in any other place that is open to the public.
SB251-AA1,3,2222 (d) "Municipality" means a county, city, village, or town.
SB251-AA1,3,2423 (e) "Permit" means a permit issued under this section authorizing an
24individual to work as an independent temporary resident direct seller.
SB251-AA1,4,2
1(f) "Principal" means a person that contracts with an individual to work as an
2independent temporary resident direct seller.
SB251-AA1,4,73 (g) "Solicitor's license" means a license, permit, or registration issued under a
4municipal ordinance that requires an individual to obtain a license, permit, or
5registration before the individual may sell goods or services to consumers house to
6house, on any street, or in any other place that is open to the public in the
7municipality.
SB251-AA1,4,12 8(2) Permit required. (a) No individual may work as an independent temporary
9resident direct seller unless the individual first obtains a permit as provided in this
10subsection. To obtain a permit, an individual shall complete an application under
11par. (b) and pay a permit fee determined by the department by rule promulgated
12under sub. (5) (a).
SB251-AA1,4,2313 (b) An individual who intends to engage in independent temporary resident
14direct seller activities shall file an application for a permit with a municipality in
15which the individual intends to engage in those activities. An application under this
16paragraph shall contain the name, date of birth, permanent home address, and
17temporary residence address, as shown in the lodging agreement under subd. 2., of
18the applicant, the name of the applicant's principal, the address and phone number
19of the principal place of business of that principal, and a statement acknowledging
20that the applicant understands that issuance of a permit does not exempt the
21applicant from compliance with any municipal ordinance that requires the applicant
22to obtain a solicitor's license. An application under this paragraph shall also be
23accompanied by all of the following:
SB251-AA1,5,224 1. A copy of a written lodging agreement signed by the applicant and the person
25providing the lodging, showing the address of the temporary residence of the

1applicant and the dates on which the agreement begins and ends, which dates may
2not be less than 31 days apart.
SB251-AA1,5,53 2. Proof that the applicant has established an account with an office of a
4financial institution that is located not more than 30 miles from the applicant's
5temporary residence.
SB251-AA1,5,126 3. Proof of the applicant's age and identity in the form of a valid operator's
7license issued under ch. 343 or under the laws of any other state, an identification
8card issued under s. 343.50 or under a substantially similar law of another state, a
9military identification card, a valid passport, alien registration card, or any other
10identification document issued by a federal, state, local, or foreign governmental
11agency showing the name, address, signature, date of birth, and photograph of the
12applicant.
SB251-AA1,6,213 (c) On receipt of an application under par. (b) and payment of the permit fee
14under par. (a), the municipality shall determine whether the applicant meets the
15requirements under this section for issuance of a permit. If the municipality is
16satisfied that the applicant is 18 years of age or over and has established a temporary
17residence and account with a financial institution as required under par. (b), the
18municipality shall immediately issue a permit to the applicant. The permit shall be
19in a form prescribed by the department, which form shall include at a minimum the
20name, permanent home address, and temporary residence address of the permit
21holder, the name of the permit holder's principal, and the address and phone number
22of the principal place of business of that principal. A permit issued under this
23paragraph is valid for 4 months, unless sooner suspended, restricted, or revoked
24under par. (d), and is valid in every municipality in this state, but the issuance of such

1a permit does not exempt the permit holder from compliance with any municipal
2ordinance that requires the permit holder to obtain a solicitor's license.
SB251-AA1,6,43 (d) A municipality may suspend, revoke, restrict, or refuse to renew a permit
4if the municipality determines that any of the following applies:
SB251-AA1,6,65 1. The permit holder has made a material misrepresentation or false statement
6in the application for the permit.
SB251-AA1,6,87 2. The permit holder has failed to notify the municipality of any change in the
8information submitted in the application as required under par. (e).
SB251-AA1,6,139 3. The permit holder has failed to maintain a temporary residence as required
10under par. (b) 1. or an account with a financial institution as required under par. (b)
112., has had a solicitor's license suspended, revoked, restricted, or nonrenewed, has
12failed to pay a penalty imposed under sub. (4), or has otherwise failed to comply with
13this section or any rule promulgated under sub. (5).
SB251-AA1,6,1614 (e) If any change occurs in any of the information submitted to a municipality
15under par. (b), the permit holder shall notify the municipality of that change within
1630 days after the change occurs.
SB251-AA1,6,2317 (f) An independent temporary resident direct seller shall carry at all times
18while engaged in independent temporary resident direct seller activities a copy of the
19permit obtained under par. (c) and shall exhibit that copy upon the request of any
20deputy of the department, law enforcement officer, or person with whom the
21independent temporary resident direct seller is doing business. Failure to exhibit
22a copy of a permit upon request under this paragraph is prima facie evidence of a
23violation of this section.
SB251-AA1,7,624 (g) Before an independent temporary resident direct seller may engage in any
25independent temporary resident direct seller activities in any city, village, or town,

1the independent temporary resident direct seller shall obtain from the clerk of the
2city, village, or town a stamp or endorsement on his or her permit obtained under par.
3(c). When an independent temporary resident direct seller obtains that stamp or
4endorsement, he or she shall provide notice that he or she will be engaging in
5independent temporary resident direct seller activities in that city, village, or town
6to the following:
SB251-AA1,7,87 1. The local police department, if the city, village, or town has a police
8department.
SB251-AA1,7,109 2. The sheriff of the county in which the city, village, or town is located, if the
10city, village, or town does not have a police department.
SB251-AA1,7,1411 (h) Law enforcement officers of municipalities shall assist the department in
12enforcing this section by questioning individuals seen engaging in independent
13temporary resident direct seller activities and reporting to the department all cases
14of individuals apparently engaged in those activities in violation of this section.
SB251-AA1,7,23 15(3) Duties of principal. (a) Before an individual begins performing
16independent temporary resident direct seller activities in this state, the individual's
17principal shall provide the individual with a copy of the laws and rules of this state
18relating to the sale of goods or services to consumers from house to house, on any
19street, or in any other place that is open to the public. On receipt of the copy of those
20laws and rules, the individual shall sign a statement acknowledging receipt of that
21copy and the principal shall file with the department of agriculture, trade and
22consumer protection the name of the individual and a copy of the statement signed
23by the individual.
SB251-AA1,8,624 (b) A principal that is not a resident of this state or is not authorized to do
25business in this state shall designate an agent upon whom service of process may be

1made in this state. The agent shall be a resident of this state or a corporation
2authorized to do business in this state. The designation shall be in writing and shall
3be filed with the department of financial institutions. If no designation is made and
4filed or if process cannot be served in this state upon the designated agent after
5reasonable effort, process may be served upon the department of financial
6institutions.
SB251-AA1,8,18 7(4) Penalties; enforcement. (a) Any person that engages in independent
8temporary resident direct seller activities in violation of this section, any rule
9promulgated under sub. (5), or any order issued under this section, that contracts or
10offers to contract with or otherwise recruits an individual to work as an independent
11temporary resident direct seller in violation of this section, any rule promulgated
12under sub. (5), or any order issued under this section, or that hinders or delays the
13department or any law enforcement officer in the performance of their duties under
14this section, may be required to forfeit not less than $25 nor more than $1,000 for
15each day of a first offense and, for a 2nd or subsequent offense within 5 years, as
16measured from the dates on which the violations initially occurred, may be fined not
17less than $250 nor more than $5,000 for each day of the 2nd or subsequent offense
18or imprisoned not more than 30 days or both.
SB251-AA1,8,2119 (b) The department may refer violations of this section or of any rules
20promulgated under sub. (5) for prosecution by the department of justice or the
21district attorney of the county in which the violation occurred.
SB251-AA1,9,2 22(5) Duties of department. The department shall prescribe forms for
23applications under sub. (2) (b) and permits issued under sub. (2) (c) and shall make
24those forms available to applicants and municipalities on the department's Internet

1site. The department shall also promulgate rules to implement this section. Those
2rules shall include all of the following:
SB251-AA1,9,43 (a) A fee for obtaining a permit. The department shall determine the fee based
4on the reasonable cost of issuing a permit.
SB251-AA1,9,55 (b) Minimum requirements for the issuance of permits.
SB251-AA1,9,9 6(6) Nonapplicability; nonpreemption. (a) This section does not apply to an
7individual who is engaged in a fund-raising sale for a nonprofit organization, as
8defined in s. 103.21 (2), a public school, as defined in s. 103.21 (5), or a private school,
9as defined in s. 103.21 (4).
SB251-AA1,9,1410 (b) This section does not preempt a municipality from enacting a local
11ordinance regulating independent temporary resident direct seller activities. To the
12extent that a local ordinance regulates conduct that is regulated under this section,
13the local ordinance shall be at least as strict as the regulation of that conduct under
14this section.".
SB251-AA1,9,16 158. Page 27, line 7: delete "section 103.34 (13)" and substitute "sections 103.34
16(13) and 103.345 (5)".
SB251-AA1,9,17 179. Page 27, line 15: delete "The treatment of".
Loading...
Loading...