LRBa0316/1
GMM:wlj:jf
2007 - 2008 LEGISLATURE
SENATE AMENDMENT 1,
TO 2007 SENATE BILL 80
April 18, 2007 - Offered by Senator Grothman.
SB80-SA1,1,4
4"
Section 1m. 21.72 (1) (a) 10m. of the statutes is created to read:
SB80-SA1,1,55
21.72
(1) (a) 10m. A registration issued under s. 100.55 (2) (d).".
SB80-SA1,1,7
7"
Section 3m. 100.55 of the statutes is created to read:
SB80-SA1,1,9
8100.55 Regulation of independent direct sellers. (1)
Definitions. In this
9section:
SB80-SA1,1,1310
(a) "Independent direct seller" means an individual engaged in independent
11direct seller activities who is a permanent resident of this state, who sells goods or
12services that are distributed by a business entity that maintains a permanent fixed
13retail location, or who meets any 4 of the following conditions:
SB80-SA1,2,2
11. The individual is a direct seller, as defined in
26 USC 3508 (b) (2), and is in
2good standing with all applicable federal, state, and local tax collecting agencies.
SB80-SA1,2,53
2. The individual controls or is otherwise personally responsible for the
4safekeeping of any moneys received from the individual's customers for any goods or
5services sold to those customers.
SB80-SA1,2,76
3. The individual has title to the goods sold and delivered to the individual's
7customers.
SB80-SA1,2,98
4. The individual establishes proof of financial responsibility as provided under
9sub. (2) (c).
SB80-SA1,2,1110
5. The individual sells only goods or services that are provided by business
11entities that are subject to the jurisdiction of the courts of this state.
SB80-SA1,2,1412
(b) "Independent direct seller activities" means the sale by an independent
13direct seller of goods or services to consumers from house to house, on any street, or
14in any other place that is open to the public.
SB80-SA1,2,1615
(c) "Registration" means a registration issued under this section authorizing
16an individual to work as an independent direct seller.
SB80-SA1,2,22
17(2) Registration required. (a) No individual may work as an independent
18direct seller unless the individual first registers with the department as provided
19under par. (b), establishes proof of financial responsibility if required under par. (c),
20and receives, and acknowledges receipt of, a copy of the laws and rules of this state
21relating to consumer protection and public safety that are applicable to independent
22direct seller activities, as specified in par. (d).
SB80-SA1,2,2423
(b) An individual who intends to engage in independent direct seller activities
24shall register with the department by doing all of the following:
SB80-SA1,3,4
11. Providing on a form prescribed by the department the individual's name,
2social security number, permanent home address, telephone number, and, if
3intending to reside in a temporary residence while engaged in independent direct
4seller activities, the temporary residence address.
SB80-SA1,3,65
2. Establishing to the satisfaction of the department that the individual meets
6the definition of an independent direct seller.
SB80-SA1,3,87
3. Paying a registration fee determined by the department based on the
8reasonable cost of registering the individual under this subsection.
SB80-SA1,3,219
(c) An individual who is required to establish proof of financial responsibility
10in order to meet the definition of an independent direct seller shall prove the
11individual's ability to pay any damages, liabilities, penalties, costs, and other
12expenses arising out of the individual's independent direct seller activities by
13maintaining a bond, certificate of deposit, escrow account, or irrevocable letter of
14credit in an amount approved by the department, but not more than $10,000, and in
15a form approved by the department. The bond, certificate of deposit, escrow account,
16or irrevocable letter of credit shall be established in favor of or be made payable to
17the department, for the benefit of the state and any customer of the individual who
18may incur damages arising out of the individual's independent direct seller
19activities. The individual shall file with the department any agreement, instrument,
20or other document necessary to enforce the bond, certificate of deposit, escrow
21account, or irrevocable letter of credit against the individual.
SB80-SA1,4,522
(d) If the department is satisfied that an individual who has completed a
23registration form under par. (b) 1. and paid the registration fee under par. (b) 3. meets
24the definition of an independent direct seller as required under par. (b) 2., the
25department shall register the individual as an independent direct seller and provide
1the individual with a copy of the laws and rules of this state relating to consumer
2protection and public safety that are applicable to independent direct seller
3activities, as determined by the department. On receipt of the copy of those laws and
4rules, the individual shall sign a statement acknowledging receipt of that copy and
5file with the department a copy of that signed statement.
SB80-SA1,4,13
6(3) Nonpreemption. An individual who is registered under sub. (2) (d) is
7authorized to engage in independent direct seller activities in any municipality in
8this state, but is not exempt from compliance with any municipal ordinance that
9requires an individual to obtain a license, permit, or registration before the
10individual may sell goods or services to consumers from house to house, on any street,
11or in any other place that is open to the public or that prohibits the sale of goods or
12services to consumers from house to house, on any street, or in any other place that
13is open to the public.".
SB80-SA1,4,16
144. Page 9, line 7: after "convention" insert ", 2 or more individuals who are
15traveling together for the purpose of engaging in independent direct seller activities,
16as defined in s. 100.55 (1) (b),".
