2. Current law allows only individuals to request inclusion in the directory.
Under the bill, a small business, as defined in the bill, may request inclusion of a land
line number or cellular telephone number in the directory.
3. Under current law, a telephone solicitor may not make a telephone
solicitation to a nonresidential customer if the customer has notified the solicitor by
mail that the customer does not wish to receive telephone solicitations. Under the
bill, a telephone solicitor is prohibited from making a telephone solicitation to a
customer who has verbally informed the solicitor that the customer does not wish to
receive telephone solicitations.
4. Under current law, the penalty for a violation of the restrictions on telephone
solicitations is a forfeiture not to exceed $100. The bill increases the penalty to a
forfeiture of not less than $1,000 nor more than $10,000. The bill also permits a
person who suffers damages as a result of a violation to bring an action for injunctive
relief and for actual damages or $500 per violation, whichever is greater.
5. Under current law, the registration fee DATCP charges telephone solicitors
must be based on the cost of maintaining the nonsolicitation directory. Under the
bill, DATCP must collect the registration fee in quarterly installments, but DATCP
must reduce or waive installments if DATCP estimates that, at the end of the fiscal
year, its fee collections will exceed expenditures for maintaining the nonsolicitation
directory by 15 percent or more.
Current law also prohibits facsimile solicitations without the consent of the
recipient, except under certain conditions. Also, a facsimile solicitor must honor a
recipient's written or facsimile request not to receive facsimile solicitations and may
not disclose the recipient's facsimile number to another. Under current law, district
attorneys are authorized to enforce these provisions through forfeiture actions.
Under this bill, no facsimile solicitation may be sent without the recipient's consent.
The bill transfers enforcement and administrative authority to DATCP.
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:
SB99, s. 1 1Section 1. 13.101 (18) of the statutes is created to read:
SB99,2,32 13.101 (18) Notwithstanding sub. (4), the committee may not transfer funds
3from the appropriation under 20.115 (8) (jm).
SB99, s. 2 4Section 2. 100.52 (1) (bm) of the statutes is created to read:
SB99,3,3
1100.52 (1) (bm) "Customer" means an individual or small business in this state
2that is furnished with telecommunications service. In this paragraph, "small
3business" has the meaning given in s. 227.114 (1).
SB99, s. 3 4Section 3. 100.52 (2) (a) of the statutes is amended to read:
SB99,3,85 100.52 (2) (a) Upon a request by a residential customer, the department shall
6include in the nonsolicitation directory a listing indicating that the residential
7customer does not want to receive any telephone solicitation made on behalf of a
8telephone solicitor.
SB99, s. 4 9Section 4. 100.52 (2) (b) of the statutes is amended to read:
SB99,3,1910 100.52 (2) (b) The department shall promulgate rules for establishing,
11maintaining, and semiannually updating a directory that includes listings of
12residential customers who do not wish to receive telephone solicitations made on
13behalf of telephone solicitors. The rules promulgated under this paragraph shall
14establish requirements and procedures for a residential customer to request a listing
15in the directory. The rules shall also require a residential customer who requests a
16listing in the directory to notify the department on a biennial basis if the residential
17customer wishes to continue to be included in the directory. The department shall
18eliminate a residential customer from the directory if the customer does not make
19the biennial notification.
SB99, s. 5 20Section 5. 100.52 (3) (a) of the statutes is amended to read:
SB99,4,721 100.52 (3) (a) The department shall promulgate rules that require any
22telephone solicitor who requires an employee or contractor to make a telephone
23solicitation to a residential customer in this state to register with the department,
24obtain a registration number from the department, and pay a registration fee to the
25department in quarterly installments. The amount of the registration fee shall be

1based on the cost of establishing the nonsolicitation directory, and the amount that
2an individual telephone solicitor is required to pay shall be based on the number of
3telephone lines used by the telephone solicitor to make telephone solicitations. The
4rules shall also require a telephone solicitor that registers with the department to
5pay an annual registration renewal fee to the department. The amount of the
6registration renewal fee shall be based on the cost of maintaining the nonsolicitation
7directory.
SB99, s. 6 8Section 6. 100.52 (3) (am) of the statutes is created to read:
SB99,4,169 100.52 (3) (am) Annually, no later than January 1, the department shall
10estimate the total expenditures from the appropriation under s. 20.115 (8) (jm) in
11that fiscal year and the unencumbered balance that will remain in the appropriation
12under s. 20.115 (8) (jm) at the end of that fiscal year. If the estimated unencumbered
13balance exceeds 15 percent of the estimated expenditures from that appropriation
14the department shall reduce or waive one or more quarterly installments under par.
15(a). The department shall apply any reduction or waiver under this paragraph
16proportionally to all telephone solicitors registered under par. (a).
SB99, s. 7 17Section 7. 100.52 (4) (a) 2. of the statutes is amended to read:
SB99,4,2018 100.52 (4) (a) 2. Make a telephone solicitation to a residential customer if the
19nonsolicitation directory that is provided or made available to the telephone solicitor
20under sub. (2) (d) includes a listing for the residential customer.
SB99, s. 8 21Section 8. 100.52 (4) (a) 3. of the statutes is amended to read:
SB99,5,222 100.52 (4) (a) 3. Make a telephone solicitation to a nonresidential customer
23person if the nonresidential customer person has provided notice by mail or
24previously stated
to the telephone solicitor or an employee or contractor of the

1telephone solicitor
that the nonresidential customer person does not wish to receive
2telephone solicitations.
SB99, s. 9 3Section 9. 100.52 (4) (c) of the statutes is amended to read:
SB99,5,84 100.52 (4) (c) A telephone solicitor or employee or contractor of a telephone
5solicitor that makes a telephone solicitation to a nonresidential person that is not a
6customer shall, upon the request of the nonresidential customer person, provide the
7mailing address for notifying the telephone solicitor that the nonresidential
8customer
person does not wish to receive telephone solicitations.
SB99, s. 10 9Section 10. 100.52 (4) (c) of the statutes is amended to read:
SB99,5,1410 100.52 (4) (c) A telephone solicitor or employee or contractor of a telephone
11solicitor that makes a telephone solicitation to a nonresidential person that is not a
12customer shall, upon the request of the nonresidential customer person, provide the
13mailing address for notifying the telephone solicitor that the nonresidential
14customer
person does not wish to receive telephone solicitations.
SB99, s. 11 15Section 11. 100.52 (10) (a) of the statutes is renumbered 100.52 (10) and
16amended to read:
SB99,5,1917 100.52 (10) Except as provided in par. (b), a A person who violates this section
18may be required to forfeit $100 not less than $1,000 nor more than $10,000 for each
19violation.
SB99, s. 12 20Section 12. 100.52 (10) (b) of the statutes is repealed.
SB99, s. 13 21Section 13. 100.52 (11) of the statutes is created to read:
SB99,6,222 100.52 (11) Private cause of action. Any person who suffers damages as the
23result of another person's violation of this section or any rule promulgated by the
24department under this section may bring an action against the violator for injunctive
25relief and to recover the amount of those damages or $500 for each violation,

1whichever is greater. Notwithstanding s. 814.04 (1), in an action under this
2subsection, the court shall award a prevailing plaintiff reasonable attorney fees.
SB99, s. 14 3Section 14. 134.72 (title) of the statutes is renumbered 100.524 (title).
SB99, s. 15 4Section 15. 134.72 (1) of the statutes is renumbered 100.524 (1).
SB99, s. 16 5Section 16. 134.72 (2) (title) of the statutes is renumbered 100.524 (2) (title).
SB99, s. 17 6Section 17. 134.72 (2) (a) (intro.) of the statutes is renumbered 100.524 (2) and
7amended to read:
SB99,6,98 100.524 (2) A person may not make a facsimile solicitation without the consent
9of the person solicited unless all of the following apply: .
SB99, s. 18 10Section 18. 134.72 (2) (a) 1. to 3., (b) and (c) of the statutes are repealed.
SB99, s. 19 11Section 19. 134.72 (3) of the statutes is renumbered 100.524 (3).
SB99, s. 20 12Section 20. 134.72 (4) of the statutes is renumbered 100.524 (4).
SB99, s. 21 13Section 21. 134.95 (2) of the statutes is amended to read:
SB99,6,2014 134.95 (2) Supplemental forfeiture. If a fine or a forfeiture is imposed on a
15person for a violation under s. 100.171, 100.173, 100.174, 100.175, 100.177, 134.71,
16134.72, 134.73, or 134.87 or ch. 136 or a rule promulgated under these sections or that
17chapter, the person shall be subject to a supplemental forfeiture not to exceed
18$10,000 for that violation if the conduct by the defendant, for which the fine or
19forfeiture was imposed, was perpetrated against an elderly person or disabled person
20and if any of the factors under s. 100.264 (2) (a), (b), or (c) is present.
SB99, s. 22 21Section 22. 767.75 (2r) of the statutes is amended to read:
SB99,7,1122 767.75 (2r) Notice of assignment to income source. Upon entry of each order
23for child support, maintenance, family support, support by a spouse, or the annual
24receiving and disbursing fee, and upon approval of each stipulation for child support,
25unless the court finds that income withholding is likely to cause the payer

1irreparable harm or unless s. 767.76 applies, the court or county child support agency
2under s. 59.53 (5) shall provide notice of the assignment by regular mail or by
3facsimile machine, as defined in s. 134.72 100.524 (1) (a), or other electronic means
4to the last-known address of the person from whom the payer receives or will receive
5money. The notice shall provide that the amount withheld may not exceed the
6maximum amount that is subject to garnishment under 15 USC 1673 (b) (2). If the
7department or its designee does not receive the money from the person notified, the
8court or county child support agency under s. 59.53 (5) shall provide notice of the
9assignment to any other person from whom the payer receives or will receive money.
10Notice under this subsection may be a notice of the court, a copy of the executed
11assignment, or a copy of that part of the court order directing payment.
SB99, s. 23 12Section 23. 893.93 (5) of the statutes is created to read:
SB99,7,1413 893.93 (5) An action under s. 100.52 shall be commenced within 3 years after
14the cause of action accrues or be barred.
SB99, s. 24 15Section 24. 968.01 (1) of the statutes is amended to read:
SB99,7,1716 968.01 (1) ``Facsimile machine" has the meaning given in s. 134.72 100.524 (1)
17(a).
SB99, s. 25 18Section 25. Initial applicability.
SB99,7,2019 (1) The treatment of section 100.52 (11) of the statutes, as created by this act,
20first applies to violations committed on the effective date of this subsection.
SB99,7,2121 (End)
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