LRB-0985/1
MDK:sac:rs
2013 - 2014 LEGISLATURE
January 31, 2013 - Introduced by Senators Hansen,
T. Cullen, Carpenter, Risser
and Lassa, cosponsored by Representatives Clark,
Berceau, Billings,
Danou, Doyle, Genrich, Hebl, Kahl, Pope, Ringhand, Sinicki, Vruwink and
Wright. Referred to Committee on Government Operations, Public Works,
and Telecommunications.
SB6,1,3
1An Act to create 100.522 of the statutes;
relating to: prohibiting the use of
2telephone automatic dialing-announcing devices for political messages and
3providing a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits any caller from using an automatic dialing-announcing
device to disseminate a prerecorded or synthesized voice message that has a political
purpose. The bill defines "automatic dialing-announcing device" as a device that
selects and dials telephone numbers and that, working alone or in conjunction with
other equipment, disseminates a voice message. The bill defines "caller" as any
person who uses a telephone or telephone line to contact or attempt to contact a
telephone service subscriber or any person living or residing with such a subscriber.
The prohibition applies to a voice message that has a "political purpose," which has
the same meaning as under current state campaign finance law. Under that
meaning, "political purpose" includes the purpose of influencing an election, recall,
or referendum vote. The bill applies to any interstate or intrastate voice message
that is received by a person in this state.
Under current law, the Department of Agriculture, Trade and Consumer
Protection (DATCP) enforces certain requirements regarding telephone solicitors.
The bill requires DATCP to also investigate violations of the bill and bring
enforcement actions for violations. The bill also creates a civil forfeiture of no more
than $100 for each violation of the bill, which is the same amount as the civil
forfeiture under current law for violating the telephone solicitor requirements.
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:
SB6,1
1Section
1. 100.522 of the statutes is created to read:
SB6,2,3
2100.522 Automatic dialing-announcing devices; political messages. 3(1) Definitions. In this section:
SB6,2,54
(a) "Automatic dialing-announcing device" means a device that does all of the
5following:
SB6,2,66
1. Selects and dials telephone numbers.
SB6,2,87
2. Working alone or in conjunction with other equipment, disseminates a
8prerecorded or synthesized voice message to the telephone number called.
SB6,2,109
(b) "Caller" means any person that attempts to contact or contacts a subscriber
10in this state by using a telephone or telephone line.
SB6,2,1111
(c) "Political purpose" has the meaning given in s. 11.01 (16).
SB6,2,1212
(d) "Subscriber" means any of the following:
SB6,2,1313
1. A person who has subscribed to telephone service from a telephone company.
SB6,2,1414
2. Any other person living or residing with a person described in subd. 1.
SB6,2,17
15(2) Prohibition. No caller may use or connect to a telephone line an automatic
16dialing-announcing device to disseminate a voice message that has a political
17purpose.
SB6,2,19
18(3) Territorial application. This section applies to any interstate or intrastate
19voice message received by a person in this state.
SB6,3,3
1(4) Enforcement. The department shall investigate violations of this section
2and may bring an action for temporary or permanent injunctive or other relief for any
3violation of this section.
SB6,3,5
4(5) Penalty. A caller who violates this section may be required to forfeit not
5more than $100 for each violation.
SB6,2
6Section
2.
Effective date.
SB6,3,87
(1)
This act takes effect on the first day of the 4th month beginning after
8publication.
