LRB-1079/1
MDK:jld:pg
2001 - 2002 LEGISLATURE
February 7, 2001 - Introduced by Senators Erpenbach, Jauch, Moen, Schultz,
Baumgart, Roessler, Plache, Darling, Robson, Wirch, Decker, Rosenzweig,
Hansen
and Grobschmidt, cosponsored by Representatives Freese, Sinicki,
Richards, J. Lehman, Staskunas, Bock, Schooff, Pocan, Young, Schneider,
Plouff, Urban, Gunderson, Huber, Boyle, Krawczyk, Berceau, F. Lasee,
Balow, Ziegelbauer, Musser, Williams, Black, Cullen, Hahn, Olsen,
Kreuser, Travis, Albers, Gronemus
and Hebl. Referred to Committee on
Privacy, Electronic Commerce and Financial Institutions.
SB40,1,10 1An Act to repeal 134.72 (2) (a) (title) and 134.72 (2) (b) (title); to renumber
2134.72 (2) (a); to renumber and amend 134.72 (1) (c) and 134.72 (2) (b); to
3amend
100.264 (2) (intro.), 134.72 (title), 134.72 (3) (a) and 134.72 (3) (b); and
4to create 20.115 (8) (jm), 100.52 (title), 100.52 (1) (title), 100.52 (1) (a), 100.52
5(1) (b), 100.52 (1) (c), 100.52 (1) (d), 100.52 (1) (e), 100.52 (1) (g), 100.52 (2),
6100.52 (3), 100.52 (4) (title), 100.52 (4) (b), 100.52 (4) (c), 100.52 (4) (d), 100.52
7(5), 100.52 (6), 100.52 (7) and 100.52 (8) of the statutes; relating to: prohibiting
8certain telephone solicitations, requiring the registration of telephone
9solicitors, requiring the exercise of rule-making authority, making an
10appropriation, and providing penalties.
Analysis by the Legislative Reference Bureau
This bill requires the department of agriculture, trade and consumer protection
(DATCP) to promulgate rules for the registration of telephone solicitors. The bill
defines "telephone solicitor" as any person, other than a nonprofit organization, that
employs or contracts with an individual to make a telephone solicitation. The bill
prohibits a telephone solicitor that is not registered from requiring an employee or

contractor to make a telephone solicitation to a person in this state. Telephone
solicitors are required to obtain a registration number from DATCP and pay a
registration fee and annual registration renewal fees. The amount of the fees is
based on the cost of establishing a nonsolicitation directory, which is discussed below.
In addition, the amount that an individual telephone solicitor is required to pay must
be based on the number of telephone lines used by the telephone solicitor to make
telephone solicitations. DATCP must also promulgate rules that require an
individual who makes a telephone solicitation on behalf of a telephone solicitor to
identify the telephone solicitor and the telephone solicitor's registration number at
the beginning of the telephone conversation.
This bill also requires DATCP to establish a nonsolicitation directory that
includes listings for residential telephone customers who do not wish to receive
telephone solicitations from telephone solicitors. The bill requires DATCP to
promulgate rules establishing requirements and procedures for a residential
customer to request a listing in the directory. A residential customer must notify
DATCP on a biennial basis if the residential customer wishes to continue to be listed
in the directory. DATCP must provide copies of the directory to telephone solicitors
who are registered under the bill, but may not otherwise release copies to the public.
In addition, a telephone solicitor who receives a copy of the directory may not solicit
or accept from any person anything of value in exchange for providing the person
with any information included in the copy. The bill prohibits a telephone solicitor
from making a telephone solicitation to a residential customer if the copy of the
directory that is provided to the telephone solicitor includes a listing for the
customer.
A telephone solicitor who violates the prohibition against making a telephone
solicitation to a residential customer included in the nonsolicitation directory is
subject to a forfeiture of between $1,000 and $10,000. A person who violates the bill's
other requirements is subject to a forfeiture of between $100 and $500. In addition,
a person may be subject to a supplemental forfeiture of up to $10,000 for a violation
perpetrated against an elderly or disabled person.
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:
SB40, s. 1 1Section 1. 20.115 (8) (jm) of the statutes is created to read:
SB40,2,52 20.115 (8) (jm) Telephone solicitation regulation. All moneys received from
3telephone solicitor registration and registration renewal fees paid under the rules
4promulgated under s. 100.52 (3) (a) for establishing and maintaining the
5nonsolicitation directory under s. 100.52 (2).
SB40, s. 2
1Section 2. 100.264 (2) (intro.) of the statutes is amended to read:
SB40,3,92 100.264 (2) Supplemental forfeiture. (intro.) If a fine or a forfeiture is
3imposed on a person for a violation under s. 100.16, 100.17, 100.18, 100.182, 100.183,
4100.20, 100.205, 100.207, 100.21, 100.30 (3), 100.35, 100.44 or, 100.46, or 100.52 or
5a rule promulgated under one of those sections, the person shall be subject to a
6supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the
7defendant, for which the violation was imposed, was perpetrated against an elderly
8person or disabled person and if the court finds that any of the following factors is
9present:
SB40, s. 3 10Section 3. 100.52 (title) of the statutes is created to read:
SB40,3,11 11100.52 (title) Telephone solicitations.
SB40, s. 4 12Section 4. 100.52 (1) (title) of the statutes is created to read:
SB40,3,1313 100.52 (1) (title) Definitions.
SB40, s. 5 14Section 5. 100.52 (1) (a) of the statutes is created to read:
SB40,3,1515 100.52 (1) (a) "Basic local exchange service" has the meaning in s. 196.01 (1g).
SB40, s. 6 16Section 6. 100.52 (1) (b) of the statutes is created to read:
SB40,3,1917 100.52 (1) (b) "Nonprofit organization" means a corporation, association, or
18organization exempt from taxation under section 501 (c) (3) of the Internal Revenue
19Code.
SB40, s. 7 20Section 7. 100.52 (1) (c) of the statutes is created to read:
SB40,3,2221 100.52 (1) (c) "Nonsolicitation directory" means the directory established in
22rules promulgated by the department under sub. (2) (b).
SB40, s. 8 23Section 8. 100.52 (1) (d) of the statutes is created to read:
SB40,3,2524 100.52 (1) (d) "Residential customer" means an individual who is furnished
25with basic local exchange service by a telecommunications utility.
SB40, s. 9
1Section 9. 100.52 (1) (e) of the statutes is created to read:
SB40,4,32 100.52 (1) (e) "Telecommunications utility" has the meaning given in s. 196.01
3(10).
SB40, s. 10 4Section 10. 100.52 (1) (g) of the statutes is created to read:
SB40,4,75 100.52 (1) (g) "Telephone solicitor" means a person, other than a nonprofit
6organization, that employs or contracts with an individual to make a telephone
7solicitation.
SB40, s. 11 8Section 11. 100.52 (2) of the statutes is created to read:
SB40,4,129 100.52 (2) Nonsolicitation directory listing. (a) Upon a request by a
10residential customer, the department shall include in the nonsolicitation directory
11a listing indicating that the residential customer does not want to receive any
12telephone solicitation made on behalf of a telephone solicitor.
SB40,4,2113 (b) The department shall promulgate rules for establishing and maintaining
14a directory that includes listings of residential customers who do not wish to receive
15telephone solicitations made on behalf of telephone solicitors. The rules
16promulgated under this paragraph shall establish requirements and procedures for
17a residential customer to request a listing in the directory. The rules shall also
18require a residential customer who requests a listing in the directory to notify the
19department on a biennial basis if the residential customer wishes to continue to be
20included in the directory. The department shall eliminate a residential customer
21from the directory if the customer does not make the biennial notification.
SB40,4,2522 (c) Except for copies of the nonsolicitation directory that are provided to
23registered telephone solicitors under par. (d), the nonsolicitation directory is not
24subject to inspection, copying, or receipt under s. 19.35 (1) and may not be released
25by the department.
SB40,5,5
1(d) The department may provide copies of the nonsolicitation directory only to
2telephone solicitors who are registered under sub. (3). A telephone solicitor who
3receives a copy of the directory under this paragraph may not solicit or accept from
4any person, directly or indirectly, anything of value in exchange for providing the
5person with any information included in the copy.
SB40, s. 12 6Section 12. 100.52 (3) of the statutes is created to read:
SB40,5,187 100.52 (3) Registration of telephone solicitors. (a) The department shall
8promulgate rules that require any telephone solicitor who requires an employee or
9contractor to make a telephone solicitation to a person in this state to register with
10the department, obtain a registration number from the department, and pay a
11registration fee to the department. The amount of the registration fee shall be based
12on the cost of establishing the nonsolicitation directory, and the amount that an
13individual telephone solicitor is required to pay shall be based on the number of
14telephone lines used by the telephone solicitor to make telephone solicitations. The
15rules shall also require a telephone solicitor that registers with the department to
16pay an annual registration renewal fee to the department. The amount of the
17registration renewal fee shall be based on the cost of maintaining the nonsolicitation
18directory.
SB40,5,2219 (b) The department shall promulgate rules that require an individual who
20makes a telephone solicitation on behalf of a telephone solicitor to identify the
21telephone solicitor and the telephone solicitor's registration number at the beginning
22of the telephone conversation.
SB40, s. 13 23Section 13. 100.52 (4) (title) of the statutes is created to read:
SB40,5,2424 100.52 (4) (title) Prohibitions.
SB40, s. 14 25Section 14. 100.52 (4) (b) of the statutes is created to read:
SB40,6,3
1100.52 (4) (b) A telephone solicitor may not require an employee or contractor
2to make a telephone solicitation to a person in this state unless the telephone solicitor
3is registered with the department under the rules promulgated under sub. (3) (a).
SB40, s. 15 4Section 15. 100.52 (4) (c) of the statutes is created to read:
SB40,6,75 100.52 (4) (c) A telephone solicitor may not make a telephone solicitation to a
6residential customer if the nonsolicitation directory that is provided to the telephone
7solicitor under sub. (2) (d) includes a listing for the residential customer.
SB40, s. 16 8Section 16. 100.52 (4) (d) of the statutes is created to read:
SB40,6,109 100.52 (4) (d) A telephone solicitor may not require an employee or contractor
10to make a telephone solicitation that violates par. (a) or (c).
SB40, s. 17 11Section 17. 100.52 (5) of the statutes is created to read:
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