Prohibited practices
The bill prohibits an employer and any employee, agent, or representative of an
employer who supervises or transports traveling sales crew workers from doing any
of the following:
1. Employing as a traveling sales crew worker a minor or employing as a
traveling sales crew worker an adult who has been adjudged incompetent without
the permission of the person's guardian.
2. Requiring a traveling sales crew worker to engage in any in-person sales or
solicitation activities before 9:00 a.m. or after 9:00 p.m.
3. Considering a traveling sales crew worker to be an independent contractor
rather than an employee.
4. Requiring a traveling sales crew worker to purchase any goods or services
solely from the employer or to pay any of the employer's business expenses, except
that an employer may deduct from a worker's compensation the cost of furnishing
board, lodging, or other facilities if those facilities are customarily furnished to the
employer's traveling sales crew workers; the amount deducted does not exceed the
fair market value of those facilities and does not include any profit to the employer;
and the traveling sales crew worker has previously authorized the deduction in the
written disclosure statement.
5. Abandoning a traveling sales crew worker who is unable to work due to
illness or injury or who is discharged from employment for reasons other than
misconduct without providing for the return of the traveling sales crew worker to his
or her permanent place of residence.

6. Abandoning a traveling sales crew worker who has been arrested and is
being held in custody in connection with a violation of the bill or a local ordinance
regulating the conduct regulated by the bill.
7. Requiring a traveling sales crew worker to relinquish custody of any of his
or her personal property to the employer, to any employee, agent, or representative
of the employer who supervises or transports traveling sales crew workers, or to any
other traveling sales crew worker of the employer.
8. Prohibiting or restricting a traveling sales crew worker from contacting any
family member, friend, or other person while traveling with the traveling sales crew.
9. Intentionally inflicting or threatening to inflict any bodily harm on a
traveling sales crew worker or damage to the property of a traveling sales crew
worker as a means of discipline or motivation.
10. Advising or counseling a traveling sales crew worker to make false
representations to a person to whom he or she is offering goods or services concerning
his or her motivation for selling those goods or services.
11. Discharging or discriminating against any person for opposing any practice
prohibited under the bill.
Traveling sales crew worker permits
The bill prohibits an individual from being employed or permitted to work as
a traveling sales crew worker unless the employer of the individual first obtains from
DWD a traveling sales crew worker permit (permit) for the individual and the
individual first obtains from DWD an identification card. The bill requires the
permit and identification card to include at a minimum the name and permanent
home address of the traveling sales crew worker and the name, address, and phone
number of his or her employer.
The bill also requires an employer of a traveling sales crew worker and all
employees, agents, or representatives of that employer who supervise or transport
traveling sales crew workers to carry at all times while engaged in traveling sales
crew activities a copy of the permit obtained for each traveling sales crew worker of
the employer and a traveling sales crew worker to carry at all times while engaged
in traveling sales crew activities a copy of the identification card.
In addition, the bill requires a traveling sales crew employer to keep a copy of
the permit for each traveling sales crew worker of the employer for at least three
years after the traveling sales crew worker leaves the employ of the employer, to keep
a list of the names of all cities, villages, or towns where traveling sales crew workers
of the employer engaged in traveling sales crew activities within the last three years,
and at the request of DWD, to provide a list of all cities, villages, or towns where the
employer intends to employ traveling sales crews in traveling sales crew activities
for the six-month period beginning on the date of the request.
Under the bill, before an employer may permit a traveling sales crew worker
of the employer to engage in traveling sales crew activities in any city, village, or
town, the employer must obtain from the clerk of the city, village, or town a stamp
or endorsement on the permit of the traveling sales crew worker. The bill requires
an employer who obtains that stamp or endorsement to provide notice to local law

enforcement authorities that traveling sales crew workers of the employer will be
engaging in traveling sales crew activities in that city, village, or town.
The bill also requires law enforcement officers of counties, cities, villages, and
towns to assist DWD in enforcing the bill by questioning individuals seen engaging
in traveling sales crew activities and reporting to DWD all cases of individuals
apparently engaging in traveling sales crew activities in violation of the bill.
Nonapplicability and nonpreemption
Finally, the bill does not apply to fund-raising sales by a nonprofit organization
or school and does not preempt a county, city, village, or town from enacting a local
ordinance regulating the sale of goods or services to consumers from house to house,
on any street, or in any other place that is open to the public.
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:
SB251, s. 1 1Section 1. 21.72 (1) (a) 10. of the statutes is amended to read:
SB251,7,22 21.72 (1) (a) 10. A certificate issued under s. 103.275, 103.34, 103.91, or 103.92.
SB251, s. 2 3Section 2. 49.857 (1) (d) 10. of the statutes is amended to read:
SB251,7,54 49.857 (1) (d) 10. A certificate issued under s. 103.275, 103.34, 103.91, or
5103.92.
SB251, s. 3 6Section 3. 73.0301 (1) (d) 3m. of the statutes is amended to read:
SB251,7,97 73.0301 (1) (d) 3m. A license or certificate issued by the department of
8workforce development under s. 102.17 (1) (c), 103.275 (2) (b), 103.34 (3) (c), 103.91
9(1), 103.92 (3), 104.07 (1) or (2), or 105.13 (1).
SB251, s. 4 10Section 4. 103.005 (10) of the statutes is amended to read:
SB251,8,211 103.005 (10) Except as provided in ss. 103.275 (2) (bm) and (br), 103.34 (10) (b)
12and (c),
103.91 (4) (b) and (c), 103.92 (6) and (7), 104.07 (5) and (6), and 105.13 (2) and

1(3), orders of the department under chs. 103 to 106 shall be subject to review in the
2manner provided in ch. 227.
SB251, s. 5 3Section 5. 103.34 of the statutes is created to read:
SB251,8,5 4103.34 Regulation of traveling sales crews. (1) Definitions: In this
5section:
SB251,8,76 (a) "Certificate of registration" means a certificate of registration issued under
7this section authorizing a person to employ traveling sales crew workers.
SB251,8,88 (b) "Disqualifying offense" means any of the following:
SB251,8,129 1. A violation of s. 125.07 (1) (a), (2) (a) 1. or 2., or (4) (a) or (b), 125.085 (3) (a)
10or (b), 125.09 (2), 961.41 (1) or (1m), 961.573, 961.574, or 961.575 or of a substantially
11similar federal law or law of another state, if the violation was committed in
12connection with or incident to any traveling sales crew activities.
SB251,8,1913 2. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08.
14940.09, 940.10, 940.19 (2), (4), (5), or (6), 940.21, 940.225 (1), (2), or (3), 940.23,
15940.24, 940.25, 940.30, 940.305, 940.31, 943.02, 943.03, 943.04, 943.10, 943.30,
16943.31, 943.32, 944.32, 944.33 (2), 944.34, 946.10, 948.02 (1) or (2), 948.025, 948.03
17(2) or (3), 948.04, 948.05, 948.055, 948.06, 948.07, 948.075, 948.08, 948.11 (2) (a) or
18(am), 948.12, 948.13, 948.21 (1), or 948.30 or of a substantially similar federal law
19or law of another state.
SB251,8,2220 3. A violation of s. 943.20, 943.201, 943.203, 943.21, 943.23, 943.24 (2), 943.34,
21943.50, 943.61, 943.62, or 943.70 or of a substantially similar federal law or law of
22another state, if the value of the property misappropriated is $2,500 or more.
SB251,8,2423 4. A violation of a rule promulgated under s. 100.20 (2) (a) or of a substantially
24similar federal law or law of another state.
SB251,8,2525 (c) "Hazardous materials" has the meaning given in 49 USC 5102 (2).
SB251,9,8
1(d) "Traveling sales crew" means 2 or more individuals who are employed as
2salespersons or in related support work, who travel together in a group, and who are
3absent overnight from their permanent places of residence for the purpose of selling
4goods or services to consumers from house to house, on any street, or in any other
5place that is open to the public. "Traveling sales crew" does not include 2 or more
6individuals who are traveling together for the purpose of participating in a trade
7show or convention or 2 or more immediate family members who are traveling
8together for the purpose of selling goods or services.
SB251,9,119 (e) "Traveling sales crew activities" means the sale of goods or services to
10consumers from house to house, on any street, or in any other place that is open to
11the public or related support work.
SB251,9,1212 (f) "Traveling sales crew worker" means a member of a traveling sales crew.
SB251,9,23 13(2) Registration required. No person may employ, offer to employ, or
14otherwise recruit an individual to work as a traveling sales crew worker without first
15obtaining a certificate of registration from the department. To obtain a certificate
16of registration, a person shall complete an application under sub. (3) (a), meet the
17minimum requirements specified in sub. (3) (c) for issuance of a certificate of
18registration, and pay a registration fee determined by the department by rule
19promulgated under sub. (13). A certificate of registration is valid for 12 months
20unless sooner suspended, restricted, or revoked and is nontransferable. A registrant
21may renew a certificate of registration by submitting an application under sub. (3)
22(a) and paying the registration fee not less than 30 days before the expiration date
23of the certificate of registration.
SB251,9,25 24(3) Application for registration. (a) To obtain a certificate of registration, a
25person shall complete an application that contains all of the following information:
SB251,10,4
11. The name of the applicant and the address and telephone number of the
2applicant's principal place of business and, if the applicant is engaged in sales
3activities on behalf of a principal, the name, address, and telephone number of the
4principal.
SB251,10,75 2. If the applicant is a corporation, the date and place of the applicant's
6incorporation or, if the applicant is a limited liability company, the date and place of
7the applicant's organization.
SB251,10,138 3. The names and permanent home addresses of the proprietors, managing
9partners, managers, or principal officers of the applicant, together with proof of
10identification of those individuals, which may be in the form of a birth certificate, a
11valid operator's license issued under ch. 343 or under a comparable law of another
12state that contains a photograph of the license holder, or an identification card issued
13under s. 343.50 or under a comparable law of another state.
SB251,10,1714 4. The names, permanent home addresses, motor vehicle operator's license
15numbers, and dates of birth of all employees, agents, or representatives of the
16applicant who supervise or transport traveling sales crew workers, together with
17proof of identification of those individuals, as provided under subd. 3.
SB251,10,2318 5. Information regarding the conviction record of all proprietors, managing
19partners, managers, or principal officers of the applicant, and of all employees,
20agents, or representatives of the applicant who supervise or transport traveling sales
21crew workers, and information regarding any violation by any of those individuals
22of a rule promulgate under s. 100.20 (2) (a) or of a substantially similar federal law
23or law of another state.
SB251,10,2524 6. The social security number or federal employer identification number of the
25applicant as provided in sub. (10) (a).
SB251,11,4
17. The type of sales activities to be performed and the nature of the goods or
2services to be sold by the traveling sales crew workers of the applicant. If the goods
3to be sold are magazine subscriptions, the applicant shall provide the names,
4addresses, and telephone numbers of the publishers of those magazines.
SB251,11,95 8. A statement identifying each motor vehicle that will be used to transport the
6applicant's traveling sales crew workers, including the type and license number of
7each motor vehicle, and documentation showing that each motor vehicle is in
8compliance with all state and federal safety standards that are applicable to the
9motor vehicle as provided in sub. (7) (a).
SB251,11,1510 9. A statement indicating whether the duties of the applicant's traveling sales
11crew workers will include the storage, handling, or transportation of hazardous
12materials or may result in any other exposure of those workers to hazardous
13materials and, if so, documentation showing that the applicant is in compliance with
14all state and federal safety standards that are applicable to the storage, handling,
15and transportation of the hazardous materials as provided in sub. (7) (b).
SB251,11,1916 10. Any document required by the department to prove that the applicant has
17complied with the proof of financial responsibility requirement under sub. (4), the
18disclosure statement requirement under sub. (5), and the proof of insurance
19requirement under sub. (8).
SB251,11,2220 11. Any other information that the department considers relevant to the
21protection of the health, safety, and welfare of the traveling sales crew workers
22employed by the applicant.
SB251,12,823 (b) 1. On receipt of an application under par. (a) and payment of the registration
24fee under sub. (2), the department of workforce development shall investigate the
25applicant to determine whether the applicant is qualified under par. (c) to receive a

1certificate of registration. That investigation shall include a criminal history search
2by the department of justice of all proprietors, managing partners, managers, or
3principal officers of the applicant, and of all employees, agents, or representatives
4of the applicant who supervise or transport traveling sales crew workers. That
5investigation shall also include a search by the department of workforce
6development to determine whether any of those individuals has committed a
7violation of a rule promulgated under s. 100.20 (2) (a) or of a substantially similar
8federal law or law of another state.
SB251,12,209 2. If the person being investigated is, or at any time within the 5 years
10preceding the date of the application has been, a nonresident or if the department
11of workforce development determines that any information obtained as a result of
12the investigation under subd. 1. provides a reasonable basis for further
13investigation, the department of workforce development may require the person
14being investigated to be fingerprinted on 2 fingerprint cards, each bearing a complete
15set of the person's fingerprints. The department of justice may provide for the
16submission of the fingerprint cards to the federal bureau of investigation for the
17purposes of verifying the identification of the person and obtaining the person's
18criminal conviction record. The department of workforce development shall keep
19confidential all information received from the department of justice and the federal
20bureau of investigation under this subdivision.
SB251,13,221 (c) Subject to par. (d) and sub. (10) (b) and (c), after completing the investigation
22under par. (b), the department shall issue a certificate of registration to the applicant
23if the department determines that the applicant meets the minimum requirements
24under this section and rules promulgated under sub. (13) for issuance of a certificate

1of registration and is satisfied that the applicant will comply with this section and
2those rules.
SB251,13,53 (d) The department may deny, suspend, revoke, restrict, or refuse to renew a
4certificate of registration if the department determines that any of the following
5apply:
SB251,13,106 1. The applicant or registrant is not the real party in interest with respect to
7the application or certificate of registration, and the real party in interest has
8previously been denied issuance or renewal of a certificate of registration, has had
9a certificate of registration suspended, revoked, or restricted, or is not qualified to
10receive a certificate of registration under par. (c).
SB251,13,1411 2. A proprietor, managing partner, manager, or principal officer of the
12applicant, or an employee, agent, or representative of the applicant who supervises
13or transports traveling sales crew workers has been convicted of a disqualifying
14offense within the 5 years preceding the date of the application.
SB251,13,1615 3. The applicant or registrant has made a material misrepresentation or false
16statement in the application for the certificate of registration.
SB251,13,1817 4. The applicant or registrant has failed to notify the department of any change
18in the information submitted in the application as required under par. (e).
SB251,14,419 5. The applicant or registrant has failed to maintain proof of financial
20responsibility as required under sub. (4); failed to comply with the written disclosure
21statement requirements under sub. (5) (b); failed to pay wages, provide a statement,
22or keep, preserve, or furnish records as required under sub. (6); violated a safety
23standard under sub. (7); failed to maintain insurance coverage as required under
24sub. (8); engaged in a practice prohibited under sub. (9); employed a traveling sales
25crew worker in violation of sub. (11) (a) or (c) or failed to keep or furnish records as

1required under sub. (11) (b); failed to pay a penalty imposed under sub. (12) or to
2comply with an order of the department imposed as a result of a violation of this
3section or any rule promulgated under sub. (13); or otherwise failed to comply with
4this section or any rule promulgated under sub. (13).
SB251,14,75 (e) If any change occurs in any of the information submitted to the department
6under par. (a), the registrant shall notify the department of that change within 30
7days after the change occurs.
SB251,14,148 (f) A registrant and all employees, agents, or representatives of a registrant
9who supervise or transport traveling sales crew workers shall carry at all times while
10engaging in traveling sales crew activities a copy of the registrant's certificate of
11registration and shall exhibit that copy upon the request of any deputy of the
12department, law enforcement officer, or person with whom the registrant, employee,
13agent, or representative is doing business. Failure to exhibit that copy upon that
14request is prima facie evidence of a violation of this section.
SB251,14,17 15(4) Financial responsibility. (a) An applicant shall establish proof of its ability
16to pay any compensation owed to a traveling sales crew worker employed by the
17applicant and any penalties that may be imposed under sub. (12).
SB251,14,2018 (b) An applicant shall prove its ability to pay under par. (a) by maintaining one
19of the following commitments in an amount approved by the department, but not less
20that $10,000, and in a form approved by the department:
SB251,14,2121 1. A bond.
SB251,14,2222 2. A certificate of deposit.
SB251,14,2323 3. An escrow account.
SB251,14,2424 4. An irrevocable letter of credit.
SB251,15,6
1(c) The commitment described in par. (b) shall be established in favor of or made
2payable to the department, for the benefit of the state and any traveling sales crew
3worker who does not receive the compensation earned by the worker. The applicant
4shall file with the department any agreement, instrument, or other document
5necessary to enforce the commitment against the applicant or any relevant 3rd party,
6or both.
SB251,15,13 7(5) Disclosure statement. (a) At the time an individual is offered employment
8as a traveling sales crew worker or is otherwise recruited to work as a traveling sales
9crew worker, the employer shall provide the individual with a written disclosure
10statement of the terms of employment. If the individual accepts the offer of
11employment, the employer and the individual shall sign the written disclosure
12statement. A written disclosure statement shall include all of the following
13information:
SB251,15,1514 1. The place or places of employment, stated with as much specificity as
15possible.
SB251,15,1716 2. The compensation, including wage rates, commissions, bonuses, and contest
17awards, to be paid.
SB251,15,1818 3. The type or types of work on which the individual may be employed.
SB251,15,1919 4. The pay period and the manner in which compensation will be paid.
SB251,15,2120 5. The number of days per week and hours per day that the individual may be
21required to engage in sales activities or related support work.
SB251,15,2422 6. The nature and frequency of any employment-related meetings that the
23individual may be required to attend, the time of day of those meetings, and how
24compensation is paid for attendance at those meetings.
SB251,16,2
17. The period of employment, including the approximate beginning and ending
2dates of employment.
SB251,16,53 8. A description of the board, lodging, and other facilities to be provided by the
4employer to the individual and any costs to be charged to the individual for those
5facilities.
SB251,16,96 9. A description of the transportation to be provided by the employer to the
7individual and, if the employment will involve the storage, handling, or
8transportation of hazardous materials or may involve any other exposure to
9hazardous materials, a description of the hazardous materials.
SB251,16,1310 10. Whether worker's compensation is provided and, if so, the name and
11telephone number of the employee, agent, or representative of the employer to whom
12notice of a claim for worker's compensation must be provided and the time period
13within which that notice must be provided.
SB251,16,1814 (b) An employer of a traveling sales crew worker shall comply with the terms
15of a disclosure statement provided under par. (a). An employer may change the terms
16of a disclosure statement, but no change is effective until a supplemental disclosure
17statement is signed by the employer and the traveling sales crew worker. Any change
18to the terms of a disclosure statement may apply prospectively only.
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