STATE OF WISCONSIN
1997-1998 LEGISLATURE

Introduced by Senators RISSER, MOEN and HUELSMAN, cosponsored by Representatives BOCK, CARPENTER, NOTESTEIN, GUNDERSON, HANDRICK, HARSDORF, PLALE, PLOUFF and GRONEMUS. Referred to Committee on Judiciary, Campaign Finance Reform and Consumer Affairs.

Introduced August 28, 1997

AN ACT to renumber 134.72 (1)(a); to amend 134.72 (title), 134.72 (3)(a), 134.72 (3)(b), 134.72 (3)(b) and 968.01 (1); and to create 134.72 (1)(ag) and 134.72 (2)(c) of the statutes; relating to: unsolicited messages transmitted by electronic mail.

Analysis by the Legislative Reference Bureau Current law restricts the transmittal of unsolicited documents by facsimile machine that encourage persons to purchase property, goods or services. These restrictions prohibit the transmittal of unsolicited documents that are more than one page to persons with whom the person sending the documents has not had a prior business relationship. This bill expands this coverage to include the transmittal of unsolicited messages by electronic mail. For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

      SECTION 1.  134.72 (title) of the statutes is amended to read:

      134.72 (title) Prohibition of certain unsolicited messages [by telephone or facsimile machine] and documents.

      SECTION 2.  134.72 (1)(a) of the statutes is renumbered 134.72 (1)(am).

      SECTION 3.  134.72 (1)(ag) of the statutes is created to read:

      134.72 (1)(ag) "Electronic mail solicitation" means the unsolicited transmission of a message by electronic mail for the purpose of encouraging a person to purchase property, goods or services.

      SECTION 4.  134.72 (2)(c) of the statutes is created to read:

      134.72 (2)(c) Electronic mail solicitation. 1. A person may not make an electronic mail solicitation without the consent of the person solicited unless all of the following apply:

      a. The message transmitted, if printed, does not exceed one page in length and is received by the person solicited after 9 p.m. and before 6 a.m.

      b. The person making the electronic mail solicitation has had a previous business relationship with the person solicited.

      2. Notwithstanding subd. 1., a person may not make a electronic mail solicitation to a person who has notified the solicitor in writing or by electronic mail that the person does not want to receive an electronic mail solicitation.

      SECTION 5.  134.72 (3)(a) of the statutes is amended to read:

      134.72 (3)(a) Intrastate. This section applies to any intrastate telephone solicitation [or] , intrastate facsimile solicitation or intrastate electronic mail solicitation.

      SECTION 6.  134.72 (3)(b) of the statutes is amended to read:

      134.72 (3)(b) Interstate. This section applies to any [interstate telephone] solicitation [, or interstate facsimile solicitation,] received by a person in this state that is a telephone solicitation, a facsimile solicitation or an electronic mail solicitation.

      SECTION 7.  968.01 (1) of the statutes is amended to read:

      968.01 (1) "Facsimile machine" has the meaning given in Section 134.72 (1)[(a)](am).