LRB-4155/1
MDK:jlg:jf
1999 - 2000 LEGISLATURE
February 3, 2000 - Introduced by Representatives Ward, Bock, Duff, Hahn,
Kestell, Owens, Powers, Spillner and Urban, cosponsored by Senators
Darling and Rosenzweig. Referred to Committee on Judiciary and Personal
Privacy.
AB715,1,7
1An Act to renumber 134.72 (1) (a);
to renumber and amend 134.72 (4);
to
2amend 134.72 (2) (b) 2., 767.265 (2r) and 968.01 (1); and
to create 20.115 (8)
3(jm), 134.72 (1) (ag), 134.72 (1) (bg), 134.72 (1) (br), 134.72 (1g), 134.72 (1r),
4134.72 (2) (b) 3., 134.72 (2) (b) 4. and 134.72 (4) (b) of the statutes;
relating to:
5prohibiting certain facsimile solicitations, requiring registration of facsimile
6solicitors, requiring the exercise of rule-making authority, making an
7appropriation and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person who sends facsimile solicitations is subject to two
prohibitions. "Facsimile solicitation" is defined as the unsolicited transmission of a
document by a facsimile machine for the purpose of encouraging the recipient to
make purchases. Under the first prohibition, a person may not make a facsimile
solicitation if the recipient has notified the person in writing or by facsimile
transmission that the recipient does not want to receive facsimile solicitations.
Second, if a recipient has not made the notification required under the first
prohibition, a person may not send a facsimile solicitation without the recipient's
consent unless all of the following apply: 1) the facsimile solicitation does not exceed
one page in length; 2) the facsimile solicitation is received by the recipient after 9 p.m.
and before 6 a.m.; and 3) the person making the facsimile solicitation has had a
previous business relationship with the recipient.
This bill changes the first prohibition by requiring the department of
agriculture, trade and consumer protection (DATCP) to establish a nonsolicitation
directory that includes listings for persons who do not wish to receive facsimile
solicitations. The bill requires DATCP to promulgate rules establishing
requirements and procedures for a person to request a listing in the directory.
DATCP must provide copies of the directory to the public free of charge and must also
make the directory available to the public in a manner that facilitates public access
to the directory. Under the first prohibition, as affected by the bill, a person may not
make a facsimile solicitation to a recipient if the directory that is available to the
public at the time of solicitation includes a listing for the recipient. The bill
eliminates the requirement under the first prohibition that a recipient must notify
a person that the recipient does not want to receive facsimile solicitations.
This bill also requires DATCP to promulgate rules that require a facsimile
solicitor to register annually with DATCP and pay an annual registration fee.
"Facsimile solicitor" is defined as a person that employs an individual to make a
facsimile solicitation. The amount of the registration fee must be based on the cost
for DATCP to establish and maintain the nonsolicitation directory. The bill prohibits
a facsimile solicitor that is not registered from requiring an employe to make a
facsimile solicitation to a recipient in this state.
A facsimile solicitor who violates the bill's prohibitions is subject to a forfeiture
of up to $10,000. A facsimile solicitor is also subject to this forfeiture amount if the
facsimile solicitor requires an employe to violate the first prohibition, as affected by
the bill, or the second prohibition, which is not affected by the bill.
For further information see the state and local 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:
AB715, s. 1
1Section
1. 20.115 (8) (jm) of the statutes is created to read:
AB715,2,52
20.115
(8) (jm)
Facsimile solicitation regulation. All moneys received from
3facsimile solicitor registration fees paid under the rules promulgated under s. 134.72
4(1r) for establishing and maintaining the nonsolicitation directory under s. 134.72
5(1g).
AB715, s. 2
6Section
2. 134.72 (1) (a) of the statutes is renumbered 134.72 (1) (ar).
AB715, s. 3
7Section
3. 134.72 (1) (ag) of the statutes is created to read:
AB715,3,2
1134.72
(1) (ag) "Department" means the department of agriculture, trade and
2consumer protection.
AB715, s. 4
3Section
4. 134.72 (1) (bg) of the statutes is created to read:
AB715,3,54
134.72
(1) (bg) "Facsimile solicitor" means a person that employs an individual
5to make a facsimile solicitation.
AB715, s. 5
6Section
5. 134.72 (1) (br) of the statutes is created to read:
AB715,3,87
134.72
(1) (br) "Nonsolicitation directory" means the directory established in
8rules promulgated by the department under sub. (1g) (b).
AB715, s. 6
9Section
6. 134.72 (1g) of the statutes is created to read:
AB715,3,1210
134.72
(1g) Nonsolicitation directory listing. (a) Upon a request by any
11person, the department shall include in the nonsolicitation directory a listing
12indicating that the person does not want to receive any facsimile solicitation.
AB715,3,1613
(b) The department shall promulgate rules establishing a directory that
14includes listings of persons who do not wish to receive facsimile solicitations. The
15rules promulgated under this paragraph shall establish requirements and
16procedures for a person to request a listing in the directory.
AB715,3,2017
(c) The department shall provide copies of the nonsolicitation directory to the
18public free of charge and make the nonsolicitation directory available to the public
19in a manner that, as determined by the department, facilitates public access to the
20directory.
AB715, s. 7
21Section
7. 134.72 (1r) of the statutes is created to read:
AB715,4,222
134.72
(1r) Registration of facsimile solicitors. The department shall
23promulgate rules that require any facsimile solicitor who requires an employe to
24make a facsimile solicitation to a person in this state to register with the department
25on an annual basis and pay an annual registration fee to the department. The
1amount of the registration fee shall be based on the cost of establishing and
2maintaining the nonsolicitation directory.
AB715, s. 8
3Section
8. 134.72 (2) (b) 2. of the statutes is amended to read:
AB715,4,84
134.72
(2) (b) 2. Notwithstanding subd. 1., a person may not make a facsimile
5solicitation to a person
who has notified the facsimile solicitor in writing or by
6facsimile transmission that the person does not want to receive facsimile solicitation 7if the nonsolicitation directory that is available to the public at the time of the
8facsimile solicitation includes a listing for the person.
AB715, s. 9
9Section
9. 134.72 (2) (b) 3. of the statutes is created to read:
AB715,4,1210
134.72
(2) (b) 3. A facsimile solicitor may not require an employe to make a
11facsimile solicitation to a person in this state unless the facsimile solicitor is
12registered with the department under the rules promulgated under sub. (1r).
AB715, s. 10
13Section
10. 134.72 (2) (b) 4. of the statutes is created to read:
AB715,4,1514
134.72
(2) (b) 4. A facsimile solicitor may not require an employe to make a
15facsimile solicitation that violates subd. 1. or 2.
AB715, s. 11
16Section
11. 134.72 (4) of the statutes is renumbered 134.72 (4) (a) and
17amended to read:
AB715,4,1918
134.72
(4) (a)
A Except as provided in par. (b), a person who violates this
19section may forfeit
up to not more than $500.
AB715, s. 12
20Section
12. 134.72 (4) (b) of the statutes is created to read:
AB715,4,2221
134.72
(4) (b) A facsimile solicitor that violates sub. (2) (b) 3. or 4. may forfeit
22not more than $10,000.
AB715,5,16
1767.265
(2r) Upon entry of each order for child support, maintenance, family
2support, support by a spouse or the annual receiving and disbursing fee, and upon
3approval of each stipulation for child support, unless the court finds that income
4withholding is likely to cause the payer irreparable harm or unless s. 767.267
5applies, the court, family court commissioner or county child support agency under
6s. 59.53 (5) shall provide notice of the assignment by regular mail or by facsimile
7machine, as defined in s. 134.72 (1)
(a) (ar), or other electronic means to the
8last-known address of the person from whom the payer receives or will receive
9money. The notice shall provide that the amount withheld may not exceed the
10maximum amount that is subject to garnishment under
15 USC 1673 (b) (2). If the
11department or its designee, whichever is appropriate, does not receive the money
12from the person notified, the court, family court commissioner or county child
13support agency under s. 59.53 (5) shall provide notice of the assignment to any other
14person from whom the payer receives or will receive money. Notice under this
15subsection may be a notice of the court, a copy of the executed assignment or a copy
16of that part of the court order directing payment.
AB715, s. 14
17Section
14. 968.01 (1) of the statutes is amended to read:
AB715,5,1818
968.01
(1) ``Facsimile machine" has the meaning given in s. 134.72 (1)
(a) (ar).
