Amendment SSA1-SB99

SENATE SUBSTITUTE AMENDMENT 1, TO 2007 SENATE BILL 99

January 31, 2008 - Offered by Joint Committee on Finance.

SB99-SSA1,1,5 An Act to repeal 100.52 (10) (b); to renumber and amend 100.52 (10) (a); to amend 100.52 (1) (f), 100.52 (2) (b), 100.52 (2) (d), 100.52 (3) (a), 100.52 (4) (a) 3. and 100.52 (4) (c); and to create 100.52 (3) (am) and 893.93 (5) of the statutes; relating to: prohibitions against certain telephone solicitations and providing a penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB99-SSA1, s. 1 Section 1. 100.52 (1) (f) of the statutes is amended to read:

SB99-SSA1,1,10 100.52 (1) (f) "Residential customer" means an individual who is furnished with basic local exchange telecommunications service by a telecommunications utility, but does not include an individual who operates a business at his or her residence.

SB99-SSA1, s. 2 Section 2. 100.52 (2) (b) of the statutes is amended to read:

SB99-SSA1,2,10 100.52 (2) (b) The department shall promulgate rules for establishing, maintaining, and semiannually quarterly updating a directory that includes listings of residential customers who do not wish to receive telephone solicitations made on behalf of telephone solicitors. The rules promulgated under this paragraph shall establish requirements and procedures for a residential customer to request a listing in the directory. The rules shall also require a residential customer who requests a listing in the directory to notify the department on a biennial basis if the residential customer wishes to continue to be included in the directory. The department shall eliminate a residential customer from the directory if the customer does not make the biennial notification.

SB99-SSA1, s. 3 Section 3. 100.52 (2) (d) of the statutes is amended to read:

SB99-SSA1,2,20 100.52 (2) (d) The department shall, on a semiannual quarterly basis, make the nonsolicitation directory available by electronic transmission only to telephone solicitors who are registered under sub. (3). Upon the request of a telephone solicitor registered under sub. (3), the department shall also provide a printed copy of the nonsolicitation directory to the telephone solicitor. A telephone solicitor who receives a copy of the directory, or to whom the directory is made available by electronic transmission, under this paragraph may not solicit or accept from any person, directly or indirectly, anything of value in exchange for providing the person with any information included in the copy.

SB99-SSA1, s. 4 Section 4. 100.52 (3) (a) of the statutes is amended to read:

SB99-SSA1,3,8 100.52 (3) (a) The department shall promulgate rules that require any telephone solicitor who requires an employee or contractor to make a telephone solicitation to a residential customer in this state to register with the department, obtain a registration number from the department, and pay a registration fee to the department in quarterly installments. The amount of the registration fee shall be based on the cost of establishing the nonsolicitation directory, and the amount that an individual telephone solicitor is required to pay shall be based on the number of telephone lines used by the telephone solicitor to make telephone solicitations. The rules shall also require a telephone solicitor that registers with the department to pay an annual registration renewal fee to the department in quarterly installments. The amount of the registration renewal fee shall be based on the cost of maintaining the nonsolicitation directory.

SB99-SSA1, s. 5 Section 5. 100.52 (3) (am) of the statutes is created to read:

SB99-SSA1,3,17 100.52 (3) (am) Annually, no later than January 1, the department shall estimate the total expenditures from the appropriation under s. 20.115 (8) (jm) in that fiscal year and the unencumbered balance that will remain in the appropriation under s. 20.115 (8) (jm) at the end of that fiscal year. If the estimated unencumbered balance exceeds 15 percent of the estimated expenditures from that appropriation the department shall reduce or waive one or more quarterly installments under par. (a). The department shall apply any reduction or waiver under this paragraph proportionally to all telephone solicitors registered under par. (a).

SB99-SSA1, s. 6 Section 6. 100.52 (4) (a) 3. of the statutes is amended to read:

SB99-SSA1,3,23 100.52 (4) (a) 3. Make a telephone solicitation to a nonresidential customer person if within the 2-year period immediately preceding the telephone solicitation the nonresidential customer person has provided notice by mail or previously stated to the telephone solicitor or an employee or contractor of the telephone solicitor that the nonresidential customer person does not wish to receive telephone solicitations.

SB99-SSA1, s. 7 Section 7. 100.52 (4) (c) of the statutes is amended to read:

SB99-SSA1,4,5 100.52 (4) (c) A telephone solicitor or employee or contractor of a telephone solicitor that makes a telephone solicitation to a nonresidential person that is not a residential customer shall, upon the request of the nonresidential customer person, provide the mailing address for notifying the telephone solicitor that the nonresidential customer person does not wish to receive telephone solicitations.

SB99-SSA1, s. 8 Section 8. 100.52 (10) (a) of the statutes is renumbered 100.52 (10) and amended to read:

SB99-SSA1,4,9 100.52 (10) Except as provided in par. (b), a A person who violates this section may be required to forfeit not less than $100 nor more than $1,000 for each violation.

SB99-SSA1, s. 9 Section 9. 100.52 (10) (b) of the statutes is repealed.

SB99-SSA1, s. 10 Section 10. 893.93 (5) of the statutes is created to read:

SB99-SSA1,4,13 893.93 (5) An action under s. 100.52 shall be commenced within 3 years after the cause of action accrues or be barred.

SB99-SSA1, s. 11 Section 11. Effective date.

SB99-SSA1,4,16 (1) This act takes effect on the first day of the 12th month beginning after publication.

SB99-SSA1,4,17 (End)