7. Requiring a traveling sales crew worker to relinquish custody of any of his
or her personal property to the employer, to any employee, agent, or representative
of the employer who supervises or transports traveling sales crew workers, or to any
other traveling sales crew worker of the employer.
8. Prohibiting or restricting a traveling sales crew worker from contacting any
family member, friend, or other person while traveling with the traveling sales crew.
9. Intentionally inflicting or threatening to inflict any bodily harm on a
traveling sales crew worker or damage to the property of a traveling sales crew
worker as a means of discipline or motivation.
10. Advising or counseling a traveling sales crew worker to make false
representations to a person to whom he or she is offering consumer goods or services
concerning his or her motivation for selling those goods or services.
This bill extends those prohibited practices to 501 (c) (4) organizations and 527
political organizations that employ traveling sales crews to solicit contributions from
house to house, on any street, or in any other place that is open to the public.
Finally, current law: 1) prohibits an individual from being employed as a
traveling sales crew worker unless the employer of the individual first obtains from
DWD a traveling sales crew worker permit (permit) for the individual and the
individual first obtains from DWD an identification card; 2) requires permits and
identification cards to be carried at all times while an employer or worker is engaged
in traveling sales crew activities; 3) requires a permit to be stamped or endorsed by
the city, village, or town clerk before a traveling sales crew worker may engage in any
traveling sales crew activities in the city, village, or town; 4) and requires local law
enforcement authorities to be notified that traveling sales crew workers will be
engaging in traveling sales crew activities in that city, village, or town. This bill
extends those permit, identification, and notification requirements to 501 (c) (4)
organizations and 527 political organizations that employ traveling sales crews to
solicit contributions from house to house, on any street, or in any other place that is
open to the public.
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:
AB528,4,73
103.34
(1) (am) "Consumer" means an individual to whom a seller sells, offers
4to sell, or advertises or promotes the sale of consumer goods or services
or from whom
5a solicitor solicits contributions. "Consumer" does not include an individual who
6purchases goods or services in a business or governmental capacity or for resale to
7others.
AB528, s. 2
8Section
2. 103.34 (1) (ar) of the statutes is created to read:
AB528,4,139
103.34
(1) (ar) "Contribution" means a contribution of money or anything of
10value, or a contract, promise, or agreement, whether or not legally enforceable, to
11contribute money or anything of value, to a nonprofit organization or association
12described in section
501 (c) (4) of the Internal Revenue Code or a political
13organization described in section
527 of the Internal Revenue Code.
AB528, s. 3
14Section
3. 103.34 (1) (bm) of the statutes is created to read:
AB528,4,1915
103.34
(1) (bm) "Employer" means a person that employs traveling sales crews
16to engage in traveling sales crew activities. "Employer" includes a nonprofit
17organization or association described in section
501 (c) (4) of the Internal Revenue
18Code or a political organization described in section
527 of the Internal Revenue
19Code.
AB528,5,10
1103.34
(1) (d) "Traveling sales crew" means 2 or more individuals who are
2employed as salespersons
, as solicitors of contributions, or in related support work,
3who travel together in a group, and who are absent overnight from their permanent
4places of residence for the purpose of selling consumer goods or services to consumers
5or of soliciting contributions from consumers from house to house, on any street, or
6in any other place that is open to the public. "Traveling sales crew" does not include
72 or more individuals who are traveling together for the purpose of participating in
8a trade show or convention or 2 or more immediate family members who are traveling
9together for the purpose of selling consumer goods or services
or of soliciting
10contributions.
AB528,5,1913
103.34
(1) (e) "Traveling sales crew activities" means the sale of consumer
14goods or services to consumers
or the solicitation of contributions from consumers 15from house to house, on any street, or in any other place that is open to the public or
16related support work. "Traveling sales crew activities" does not include the sale of
17consumer goods or services
or the solicitation of contributions from a fixed location
18at a concert, festival, carnival, street fair, public exhibition, or other similar special
19event with the permission of the organizer of the special event.
AB528,5,2522
103.34
(3) (a) 1. The name of the applicant, the address and telephone number
23of the applicant's principal place of business, and, if the applicant is engaged in sales
24activities
or in the solicitation of contributions on behalf of a principal, the name,
25address, and telephone number of the principal.
AB528,6,73
103.34
(3) (a) 7. The type of sales activities
or contribution solicitation activities 4to be performed and the nature of the consumer goods or services to be sold
or the
5contributions to be solicited by the traveling sales crew workers of the applicant. If
6the goods to be sold are magazine subscriptions, the applicant shall provide the
7names, addresses, and telephone numbers of the publishers of those magazines.
AB528,6,1210
103.34
(5) (a) 5. The number of days per week and hours per day that the
11individual may be required to engage in sales activities
, in the solicitation of
12contributions, or
in related support work.
AB528,6,1815
103.34
(9) (j) Advise or counsel a traveling sales crew worker to make false
16representations to a person to whom he or she is offering consumer goods or services
17or from whom he or she is soliciting contributions concerning his or her motivation
18for selling those goods or services
or for soliciting those contributions.
AB528,6,2521
103.34
(14) (a) This section does not apply to the employment of a person in a
22fund-raising sale for a nonprofit organization, as defined in s. 103.21 (2),
other than
23a nonprofit organization or association described in section 501 (c) (4) of the Internal
24Revenue Code, a public school, as defined in s. 103.21 (5), or a private school, as
25defined in s. 103.21 (4).
AB528,7,32
(1)
Solicitation of contributions by traveling sales crews. This act takes
3effect on April 1, 2010, or on the day after publication, whichever is later.
