LRB-2256/1

MCP:amn

2019 - 2020 LEGISLATURE

2019 Senate BILL 132

March 20, 2019 - Introduced by Senators Kooyenga, Roth, Bernier, Carpenter, Cowles, Craig, Jacque, Kapenga, Marklein, Miller, Nass, Olsen, Smith, L. Taylor, Wanggaard and Wirch, cosponsored by Representatives Sanfelippo, Kitchens, Fields, Haywood, Ballweg, Brandtjen, Brooks, Considine, Crowley, Duchow, Edming, Gundrum, Jagler, Kerkman, Knodl, Krug, Kuglitsch, Kulp, Kurtz, Magnafici, Myers, Murphy, Mursau, Neylon, Ohnstad, Ott, Plumer, Quinn, Rohrkaste, Schraa, Shankland, Sinicki, Skowronski, Snyder, Spiros, Steffen, Subeck, Summerfield, C. Taylor, Tittl, Tusler, VanderMeer, Vorpagel, Vruwink, Wichgers and Zimmerman. Referred to Committee on Government Operations, Technology and Consumer Protection.

SB132,1,4 An Act to renumber 100.52 (6); to amend 100.52 (10) (a) and 100.52 (10) (b); and to create 100.52 (1) (bd), 100.52 (4) (a) 4., 100.52 (4) (a) 5., 100.52 (6) (c), 100.52 (10) (c) and 100.523 of the statutes; relating to: caller ID spoofing, granting rule-making authority, and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill prohibits caller identification (ID) spoofing. Under the bill, no person may knowingly transmit misleading or inaccurate caller ID information with the intent to defraud, cause harm, or wrongfully obtain anything of value. The bill also prohibits telephone solicitors from knowingly transmitting misleading or inaccurate caller ID information for any purpose, except that the telephone solicitor may transmit the name of the seller on whose behalf the telemarketing call is placed and the seller's customer service telephone number, if an individual may call that number to make a do-not-call request during regular business hours. The bill creates an exemption for transmissions in connection with authorized activities of law enforcement agencies or a court order specifically authorizing the use of caller ID manipulation. In addition, the bill prohibits a telephone solicitor from blocking the transmission of caller identification information. A person who violates any of these prohibitions is subject to a civil forfeiture of $100 to $10,000.

The bill also provides that a telecommunications provider may block calls so that they do not reach the called party if the originating number is not valid; is not allocated to a provider; or is confirmed by the provider to be unused.

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:

SB132,1 Section 1 . 100.52 (1) (bd) of the statutes is created to read:

SB132,2,3 100.52 (1) (bd) “Caller identification record” has the meaning given in s. 100.525 (1) (a).

SB132,2 Section 2 . 100.52 (4) (a) 4. of the statutes is created to read:

SB132,2,6 100.52 (4) (a) 4. When making a telephone solicitation, block the transmission of a caller identification record.

SB132,3 Section 3 . 100.52 (4) (a) 5. of the statutes is created to read: