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1999 SENATE BILL 33
February 3, 1999 ± Introduced by Senators RISSER, HUELSMAN, BURKE, BAUMGART, ERPENBACH, PLACHE, BRESKE, DARLING and ROESSLER, cosponsored by
Representatives MEYER, PLOUFF, KRUG, HANDRICK, POCAN, HAHN, MILLER, ALBERS, SINICKI, TURNER, WOOD, COLON, GUNDERSON, BOYLE, BOCK and POWERS.
Referred to Committee on Privacy, Electronic Commerce and Financial Institutions.
AN A CT to renumber 134.72 (1) (a); to amend 134.72 (title), 134.72 (3) (a), 134.72
(3) (b), 767.265 (2r) and 968.01 (1); to repeal and recreate 767.265 (2r); 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.
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:
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SECTION 1 SENATE BILL 33
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:
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SECTION 6 SENATE BILL 33
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. 767.265 (2r) of the statutes is amended to read:
767.265 (2r) Upon entry of each order for child support, maintenance, family
support or support by a spouse and upon approval of each stipulation for child
support, unless the court finds that income withholding is likely to cause the payer
irreparable harm or unless s. 767.267 applies, the court shall provide notice of the
assignment by regular mail or by facsimile machine, as defined in s. 134.72 (1) (a)
(am), or other electronic means to the last± known address of the person from whom
the payer receives or will receive money. The notice shall provide that the amount
withheld may not exceed the maximum amount that is subject to garnishment under
15 USC 1673 (b) (2). If the clerk of court or support collection designee, whichever
is appropriate, does not receive the money from the person notified, the court shall
provide notice of the assignment to any other person from whom the payer receives
or will receive money. Notice under this subsection may be a notice of the court, a
copy of the executed assignment or a copy of that part of the court order directing
payment.
SECTION 8. 767.265 (2r) of the statutes, as affected by 1997 Wisconsin Act 191
and 1999 Wisconsin Act .... (this act), is repealed and recreated to read:
767.265 (2r) Upon entry of each order for child support, maintenance, family
support or support by a spouse and upon approval of each stipulation for child
support, unless the court finds that income withholding is likely to cause the payer
irreparable harm or unless s. 767.267 applies, the court, family court commissioner
or county child support agency under s. 59.53 (5) shall provide notice of the
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SECTION 8 SENATE BILL 33
assignment by regular mail or by facsimile machine, as defined in s. 134.72 (1) (am),
or other electronic means to the last± known address of the person from whom the
payer receives or will receive money. The notice shall provide that the amount
withheld may not exceed the maximum amount that is subject to garnishment under
15 USC 1673 (b) (2). If the department or its designee, whichever is appropriate, does
not receive the money from the person notified, the court, family court commissioner
or county child support agency under s. 59.53 (5) shall provide notice of the
assignment to any other person from whom the payer receives or will receive money.
Notice under this subsection may be a notice of the court, a copy of the executed
assignment or a copy of that part of the court order directing payment.
SECTION 9. 968.01 (1) of the statutes is amended to read:
968.01 (1) '' Facsimile machine" has the meaning given in s. 134.72 (1) (a) (am).
SECTION 10.0 Effective dates. This act takes effect on the day after publication,
except as follows:
(1) The repeal and recreation of section 767.265 (2r) of the statutes takes effect
on October 1, 1999, or on the date stated in the notice published by the department
of workforce development in the Wisconsin Administrative Register under section
767.29 (1) (f) of the statutes, whichever is earlier.
(END)
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