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).
