SB267: Bill Text

LRB-2432/1

MDK:cmh:mrc

1999 - 2000 LEGISLATURE

1999 Senate BILL 267

October 28, 1999 - Introduced by Senators Clausing, Erpenbach, Jauch, Decker, A. Lasee, Roessler, Moen and Darling, cosponsored by Representatives Black, Schneider, Lassa, Bock, Ryba, M. Lehman, Kreuser, Musser, Balow, Plouff, Hasenohrl, Steinbrink and Suder. Referred to Committee on Privacy, Electronic Commerce and Financial Institutions.

SB267,1,9 An Act to renumber 134.72 (1) (a) and 134.72 (2) (a); to renumber and amend 134.72 (4); to amend 134.72 (2) (a) (title), 767.265 (2r) and 968.01 (1); to repeal and recreate 134.72 (title); and to create 20.155 (1) (jr), 134.72 (1) (ae), 134.72 (1) (am), 134.72 (1) (bg), 134.72 (1) (bm), 134.72 (1) (bs), 134.72 (1) (d), 134.72 (1) (d), 134.72 (1g), 134.72 (1r), 134.72 (2) (a) 2., 134.72 (2) (a) 3., 134.72 (2) (a) 4. and 134.72 (4) (b) of the statutes; relating to: prohibiting certain telephone solicitations, requiring the registration of telephone solicitors, requiring the exercise of rule-making authority, making an appropriation and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill requires the department of agriculture, trade and consumer protection (DATCP) to establish a nonsolicitation directory that includes listings for residential telephone customers who do not wish to receive telephone solicitations. The bill requires DATCP to promulgate rules establishing requirements and procedures for a residential customer to request a listing in the directory. DATCP must provide copies of the directory to the public free of charge and must also make the directory available to the public in a manner that facilitates public access to the directory. The bill prohibits a telephone solicitor from making a telephone solicitation to a residential customer if the directory that is available to the public at the time of solicitation includes a listing for the customer.

This bill also requires DATCP to promulgate rules that require a telephone solicitor to register annually with DATCP and pay an annual registration fee. The amount of the fee must be based on the cost for DATCP to establish and maintain the nonsolicitation directory. The bill prohibits a telephone solicitor that is not registered from requiring an employe to make a telephone solicitation to a person in this state.

A telephone solicitor who violates the bill's prohibitions is subject to a forfeiture of up to $10,000. A telephone solicitor is also subject to this forfeiture amount if the telephone solicitor requires an employe to violate a provision under current law that prohibits a person from using an electronically prerecorded message in a telephone solicitation without the consent of the person called.

For further information see the state and local 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:

SB267, s. 1 Section 1. 20.155 (1) (jr) of the statutes is created to read:

SB267,2,5 20.155 (1) (jr) Telephone solicitation regulation. All moneys received from telephone solicitor registration fees paid under the rules promulgated under s. 134.72 (1r) for establishing and maintaining the nonsolicitation directory under s. 134.72 (1g).

SB267, s. 2 Section 2. 134.72 (title) of the statutes is repealed and recreated to read:

SB267,2,7 134.72 (title) Telephone and facsimile solicitations.

SB267, s. 3 Section 3. 134.72 (1) (a) of the statutes is renumbered 134.72 (1) (as).

SB267, s. 4 Section 4. 134.72 (1) (ae) of the statutes is created to read:

SB267,2,10 134.72 (1) (ae) "Basic local exchange service" has the meaning in s. 196.01 (1g).

SB267, s. 5 Section 5. 134.72 (1) (am) of the statutes is created to read:

SB267,2,13 134.72 (1) (am) "Department" means the department of agriculture, trade and consumer protection.

SB267, s. 6 Section 6. 134.72 (1) (bg) of the statutes is created to read:

SB267,3,3 134.72 (1) (bg) "Nonsolicitation directory" means the directory established in rules promulgated by the department under sub. (1g) (b).

SB267, s. 7 Section 7. 134.72 (1) (bm) of the statutes is created to read:

SB267,3,6 134.72 (1) (bm) "Residential customer" means an individual who is furnished with basic local exchange service by a telecommunications utility.

SB267, s. 8 Section 8. 134.72 (1) (bs) of the statutes is created to read:

SB267,3,9 134.72 (1) (bs) "Telecommunications utility" has the meaning given in s. 196.01 (10).

SB267, s. 9 Section 9. 134.72 (1) (d) of the statutes is created to read:

SB267,3,12 134.72 (1) (d) "Telephone solicitor" means a person that employs an individual to make a telephone solicitation.

SB267, s. 10 Section 10. 134.72 (1g) of the statutes is created to read:

SB267,3,17 134.72 (1g) Nonsolicitation directory listing. (a) Upon a request by a residential customer, the department shall include in the nonsolicitation directory a listing indicating that the residential customer does not want to receive any telephone solicitation.

SB267,3,22 (b) The department shall promulgate rules establishing a directory that includes listings of residential customers who do not wish to receive telephone solicitations. The rules promulgated under this paragraph shall establish requirements and procedures for a residential customer to request a listing in the directory.

SB267,4,2 (c) The department shall provide copies of the nonsolicitation directory to the public free of charge and make the nonsolicitation directory available to the public in a manner that, as determined by the department, facilitates public access to the directory.

SB267, s. 11 Section 11. 134.72 (1r) of the statutes is created to read:

SB267,4,9 134.72 (1r) Registration of telephone solicitors. The department shall promulgate rules that require any telephone solicitor who requires an employe to make a telephone solicitation to a person in this state to register with the department on an annual basis and pay an annual registration fee to the department. The amount of the registration fee shall be based on the cost of establishing and maintaining the nonsolicitation directory.

SB267, s. 12 Section 12. 134.72 (2) (a) (title) of the statutes is amended to read:

SB267,4,11 134.72 (2) (a) (title) Prerecorded telephone Telephone solicitation.

SB267, s. 13 Section 13. 134.72 (2) (a) of the statutes is renumbered 134.72 (2) (a) 1.

SB267, s. 14 Section 14. 134.72 (2) (a) 2. of the statutes is created to read:

SB267,4,16 134.72 (2) (a) 2. A telephone solicitor may not require an employe to make a telephone solicitation to a person in this state unless the telephone solicitor is registered with the department under the rules promulgated under sub. (1r).

SB267, s. 15 Section 15. 134.72 (2) (a) 3. of the statutes is created to read:

SB267,4,20 134.72 (2) (a) 3. A person may not make a telephone solicitation to a residential customer if the nonsolicitation directory that is available to the public at the time of the telephone solicitation includes a listing for the residential customer.

SB267, s. 16 Section 16. 134.72 (2) (a) 4. of the statutes is created to read:

SB267,4,23 134.72 (2) (a) 4. A telephone solicitor may not require an employe to make a telephone solicitation that violates subd. 1. or 3.

SB267, s. 17 Section 17. 134.72 (4) of the statutes is renumbered 134.74 (4) (a) and amended to read:

SB267,5,2 134.74 (4) (a) A Except as provided in par. (b), a person who violates this section may forfeit up to no more than $500.

SB267, s. 18 Section 18. 134.72 (4) (b) of the statutes is created to read:

SB267,5,5 134.72 (4) (b) A telephone solicitor that violates sub. (2) (a) 4. may forfeit no more than $10,000.

SB267, s. 19 Section 19. 767.265 (2r) of the statutes, as affected by 1997 Wisconsin Act 191, section 414, is amended to read: