SB99: Bill Text

SB99,4,7 100.52 (3) (a) The department shall promulgate rules that require any telephone solicitor who requires an employee or contractor to make a telephone solicitation to a residential customer in this state to register with the department, obtain a registration number from the department, and pay a registration fee to the department in quarterly installments. The amount of the registration fee shall be based on the cost of establishing the nonsolicitation directory, and the amount that an individual telephone solicitor is required to pay shall be based on the number of telephone lines used by the telephone solicitor to make telephone solicitations. The rules shall also require a telephone solicitor that registers with the department to pay an annual registration renewal fee to the department. The amount of the registration renewal fee shall be based on the cost of maintaining the nonsolicitation directory.

SB99, s. 6 Section 6. 100.52 (3) (am) of the statutes is created to read:

SB99,4,16 100.52 (3) (am) Annually, no later than January 1, the department shall estimate the total expenditures from the appropriation under s. 20.115 (8) (jm) in that fiscal year and the unencumbered balance that will remain in the appropriation under s. 20.115 (8) (jm) at the end of that fiscal year. If the estimated unencumbered balance exceeds 15 percent of the estimated expenditures from that appropriation the department shall reduce or waive one or more quarterly installments under par. (a). The department shall apply any reduction or waiver under this paragraph proportionally to all telephone solicitors registered under par. (a).

SB99, s. 7 Section 7. 100.52 (4) (a) 2. of the statutes is amended to read:

SB99,4,20 100.52 (4) (a) 2. Make a telephone solicitation to a residential customer if the nonsolicitation directory that is provided or made available to the telephone solicitor under sub. (2) (d) includes a listing for the residential customer.

SB99, s. 8 Section 8. 100.52 (4) (a) 3. of the statutes is amended to read:

SB99,5,2 100.52 (4) (a) 3. Make a telephone solicitation to a nonresidential customer person if the nonresidential customer person has provided notice by mail or previously stated to the telephone solicitor or an employee or contractor of the telephone solicitor that the nonresidential customer person does not wish to receive telephone solicitations.

SB99, s. 9 Section 9. 100.52 (4) (c) of the statutes is amended to read:

SB99,5,8 100.52 (4) (c) A telephone solicitor or employee or contractor of a telephone solicitor that makes a telephone solicitation to a nonresidential person that is not a customer shall, upon the request of the nonresidential customer person, provide the mailing address for notifying the telephone solicitor that the nonresidential customer person does not wish to receive telephone solicitations.

SB99, s. 10 Section 10. 100.52 (4) (c) of the statutes is amended to read:

SB99,5,14 100.52 (4) (c) A telephone solicitor or employee or contractor of a telephone solicitor that makes a telephone solicitation to a nonresidential person that is not a customer shall, upon the request of the nonresidential customer person, provide the mailing address for notifying the telephone solicitor that the nonresidential customer person does not wish to receive telephone solicitations.

SB99, s. 11 Section 11. 100.52 (10) (a) of the statutes is renumbered 100.52 (10) and amended to read:

SB99,5,19 100.52 (10) Except as provided in par. (b), a A person who violates this section may be required to forfeit $100 not less than $1,000 nor more than $10,000 for each violation.

SB99, s. 12 Section 12. 100.52 (10) (b) of the statutes is repealed.

SB99, s. 13 Section 13. 100.52 (11) of the statutes is created to read:

SB99,6,2 100.52 (11) Private cause of action. Any person who suffers damages as the result of another person's violation of this section or any rule promulgated by the department under this section may bring an action against the violator for injunctive relief and to recover the amount of those damages or $500 for each violation, whichever is greater. Notwithstanding s. 814.04 (1), in an action under this subsection, the court shall award a prevailing plaintiff reasonable attorney fees.

SB99, s. 14 Section 14. 134.72 (title) of the statutes is renumbered 100.524 (title).

SB99, s. 15 Section 15. 134.72 (1) of the statutes is renumbered 100.524 (1).

SB99, s. 16 Section 16. 134.72 (2) (title) of the statutes is renumbered 100.524 (2) (title).

SB99, s. 17 Section 17. 134.72 (2) (a) (intro.) of the statutes is renumbered 100.524 (2) and amended to read:

SB99,6,9 100.524 (2) A person may not make a facsimile solicitation without the consent of the person solicited unless all of the following apply: .

SB99, s. 18 Section 18. 134.72 (2) (a) 1. to 3., (b) and (c) of the statutes are repealed.

SB99, s. 19 Section 19. 134.72 (3) of the statutes is renumbered 100.524 (3).

SB99, s. 20 Section 20. 134.72 (4) of the statutes is renumbered 100.524 (4).

SB99, s. 21 Section 21. 134.95 (2) of the statutes is amended to read:

SB99,6,20 134.95 (2) Supplemental forfeiture. If a fine or a forfeiture is imposed on a person for a violation under s. 100.171, 100.173, 100.174, 100.175, 100.177, 134.71, 134.72, 134.73, or 134.87 or ch. 136 or a rule promulgated under these sections or that chapter, the person shall be subject to a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the defendant, for which the fine or forfeiture was imposed, was perpetrated against an elderly person or disabled person and if any of the factors under s. 100.264 (2) (a), (b), or (c) is present.

SB99, s. 22 Section 22. 767.75 (2r) of the statutes is amended to read:

SB99,7,11 767.75 (2r) Notice of assignment to income source. Upon entry of each order for child support, maintenance, family support, support by a spouse, or the annual receiving and disbursing fee, and upon approval of each stipulation for child support, unless the court finds that income withholding is likely to cause the payer irreparable harm or unless s. 767.76 applies, the court or county child support agency under s. 59.53 (5) shall provide notice of the assignment by regular mail or by facsimile machine, as defined in s. 134.72 100.524 (1) (a), or other electronic means to the last-known address of the person from whom the payer receives or will receive money. The notice shall provide that the amount withheld may not exceed the maximum amount that is subject to garnishment under 15 USC 1673 (b) (2). If the department or its designee does not receive the money from the person notified, the court or county child support agency under s. 59.53 (5) shall provide notice of the assignment to any other person from whom the payer receives or will receive money. Notice under this subsection may be a notice of the court, a copy of the executed assignment, or a copy of that part of the court order directing payment.

SB99, s. 23 Section 23. 893.93 (5) of the statutes is created to read:

SB99,7,14 893.93 (5) An action under s. 100.52 shall be commenced within 3 years after the cause of action accrues or be barred.

SB99, s. 24 Section 24. 968.01 (1) of the statutes is amended to read:

SB99,7,17 968.01 (1) ``Facsimile machine" has the meaning given in s. 134.72 100.524 (1) (a).

SB99, s. 25 Section 25. Initial applicability.

SB99,7,20 (1) The treatment of section 100.52 (11) of the statutes, as created by this act, first applies to violations committed on the effective date of this subsection.

SB99,7,21 (End)