LRB-1202/1
CTS:lmk:jf
2005 - 2006 LEGISLATURE
May 10, 2005 - Introduced by Representatives Schneider, Lehman, Pridemore,
Ainsworth, Seidel, Albers
and Travis, cosponsored by Senators Darling and
Taylor. Referred to Committee on Energy and Utilities.
AB415,1,3 1An Act to amend 100.52 (1) (d), 100.52 (1) (f), 100.52 (2) (b) and 100.52 (10) (a);
2and to create 100.52 (1) (bm), 100.52 (4) (a) 4. and 100.52 (10) (c) of the statutes;
3relating to: certain telephone solicitations and creating a penalty.
Analysis by the Legislative Reference Bureau
Current law imposes certain restrictions upon telephone solicitors, including
the following: (1) a telephone solicitor may not make a telephone solicitation to a
residential customer if the residential customer's telephone number is included in
a directory of residential customers who do not wish to receive telephone solicitations
(directory); (2) a telephone solicitor may not make a telephone solicitation to a
nonresidential customer who has provided notice to the telephone solicitor by mail
that the nonresidential customer does not wish to receive telephone solicitations.
Under current law, the definitions of residential customer and nonresidential
customer do not include mobile telephone customers. This bill broadens the
definitions of residential customer and nonresidential customer to include persons
who have commercial mobile service. As a result, under the bill, cellular telephone
numbers may be included in the directory and telephone solicitors may not make
telephone solicitations to such cellular telephone numbers. Also under the bill, a
nonresidential cellular telephone customer may provide notice by mail to a telephone
solicitor that the nonresidential customer does not wish to receive telephone
solicitations.
Current law also requires a residential customer who does not wish to receive
telephone solicitations to provide biennial notice to the Department of Agriculture,

Trade and Consumer Protection (DATCP). DATCP must eliminate a customer who
fails to give the required notice from the directory. The bill extends the length of time
for which a residential customer's notice to DATCP remains effective: under the bill,
a residential customer must provide the required notice every five years.
Finally, the bill prohibits a telephone solicitor or an employee or contractor of
a telephone solicitor from threatening violence or harassment against the recipient
of a telephone solicitation, against a member of the recipient's household, or against
the recipient's property. A telephone solicitor, employee, or contractor who violates
this prohibition with intent to frighten, intimidate, threaten, abuse, or harass may
be sentenced to a term of imprisonment of not more than three years and six months,
a fine of not more than $10,000, or both.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
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:
AB415, s. 1 1Section 1. 100.52 (1) (bm) of the statutes is created to read:
AB415,2,32 100.52 (1) (bm) "Commercial mobile service" has the meaning given in s. 196.01
3(2i).
AB415, s. 2 4Section 2. 100.52 (1) (d) of the statutes is amended to read:
AB415,2,75 100.52 (1) (d) "Nonresidential customer" means a person, other than a
6residential customer, who is furnished with telecommunications service or
7commercial mobile service
by a telecommunications utility.
AB415, s. 3 8Section 3. 100.52 (1) (f) of the statutes is amended to read:
AB415,2,129 100.52 (1) (f) "Residential customer" means an individual who is furnished
10with basic local exchange service or commercial mobile service by a
11telecommunications utility, but does not include an individual who operates a
12business at his or her residence.
AB415, s. 4 13Section 4. 100.52 (2) (b) of the statutes is amended to read:
AB415,3,10
1100.52 (2) (b) The department shall promulgate rules for establishing,
2maintaining, and semiannually updating a directory that includes listings of
3residential customers who do not wish to receive telephone solicitations made on
4behalf of telephone solicitors. The rules promulgated under this paragraph shall
5establish requirements and procedures for a residential customer to request a listing
6in the directory. The rules shall also require a residential customer who requests a
7listing in the directory to notify the department on a biennial basis every 5 years if
8the residential customer wishes to continue to be included in the directory. The
9department shall eliminate a residential customer from the directory if the customer
10does not make the biennial notification required by this paragraph.
AB415, s. 5 11Section 5. 100.52 (4) (a) 4. of the statutes is created to read:
AB415,3,1412 100.52 (4) (a) 4. Threaten violence or harassment against the recipient of a
13telephone solicitation, against the a member of the recipient's household, or against
14the recipient's property.
AB415, s. 6 15Section 6. 100.52 (10) (a) of the statutes is amended to read:
AB415,3,1716 100.52 (10) (a) Except as provided in par. (b) and (c), a person who violates this
17section may be required to forfeit $100 for each violation.
AB415, s. 7 18Section 7. 100.52 (10) (c) of the statutes is created to read:
AB415,3,2119 100.52 (10) (c) A telephone solicitor or an employee or a contractor of a
20telephone solicitor who, with intent to frighten, intimidate, threaten, abuse, or
21harass, violates sub. (4) (a) 4., is guilty of a Class I felony.
AB415, s. 8 22Section 8. Effective date.
AB415,3,2423 (1) This act takes effect on the first day of the 4th month beginning after
24publication.
AB415,3,2525 (End)
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