the Traveling Sales Industry and the Direct Sales Indusrty into a National Tragedy
"He who profits by a crime commits it."
On March 26, 2009 the state of Wisconsin passed the most powerful regulatory door-to-door solicitation legislation in the country. The SB-4 legislation named after an 18 year old girl (Malinda Turvey) who was killed along with six other young kids while selling magazines door-to-door in Wisconsin on March 25, 1999, 'Malinda's Traveling Sales Crew Protection Act' will become active on April 10, 2010.
April 9, 2010
Information about Wisconsin’s New Law on Traveling Sales Crews
Section 103.34, Wisconsin Statutes
Read PDF Document
April 14, 2010
Link To Wisconsin: Traveling Sales Crew Disclosure Statement
Read PDF Disclosure Statement
Update: May 1, 2010
Wisconsin Department of Workforce Development: Traveling Sales Crew Documentation:
Chapter DWD 273 Wisconsin Administrative Code to regulate and register traveling sales crews, to register traveling sales crew workers and to enforce action:
DMPG PDF: Chapter DWD 273
Chapter DWD 273 Wisconsin Administrative Code
Section 103.34 Wisconsin Statutes requires the department to promulgate administrative rules:
CHAPTER 103 EMPLOYMENT REGULATIONS:
DMPG PDF: Section 103.34
Traveling Sales Crew Application For Registration Wisconsin Department of Workforce Development
Document Number: ERD-16789-E (erd_16789.pdf)
Description: This form is used to register for a door-to-door sales license.
DMPG PDF: Application For Registration: erd_16789.pdf
New Wisconsin Statute Protects Members Of Traveling Sales Crews
March 26, 2009: Wisconsin Passes 'Malinda's Act'On March 24, 2009 Malinda's Traveling Sales Crew Protection Act (SB-4)
was passed by the Wisconsin Senate (27-6)
and by the Wisconsin House of Representatives (68-30)
On March 26, 2009 Wisconsin Governor Jim Doyle signed the bill into law.
For more information please contact Wisconsin State Senator Jon Erpenbach
Web Site: http://www.legis.state.wi.us/senate/sen27/news
Senator Jon Erpenbach
8 South, State Capitol
P.O. Box 7882
Madison, WI 53707-7882
(608)266-6670 or toll-free (888) 549-0027
Fax: (608) 266-2508
More information on the new legislation can also be found on this web site.
"Malinda's Act" becomes active in the state of Wisconsin on April 10, 2010.
The Dedicated Memorial Parents Group would like to thank the following Wisconsin State Senators and Representatives for making this bill Wisconsin State Law and a very special thanks to Senator Jon Erpenbach, Tryg Knutson, Representative Sondy Pope-Roberts, The Wisconsin Department of Workforce and Development, the Wisconsin Department of Trade, Agriculture, and Consumer Protection, Sergeant John Conger of the Milton Police Department, and Linda Eggert with WISC TV Madison, Wisconsin.
Wisconsin Senators Voting YES for the SB-4 Legislation:
BERNARD SCHABER D
OTT, A. R
OTT, J. R
VAN AKKEREN D
WILLIAMS, A. D
Gov. Doyle: Signs Malinda's Act
March 26, 2009
Gov. Doyle: Signs Malinda's Act
Contact: Carla Vigue, Office of the Governor,
“Today is bittersweet,” Governor Doyle said. “Ten years ago, almost to the date, a tragic van crash killed seven young people and severely injured five more – all part of a traveling sales crew. What happened that night in Janesville shed light on an industry that was unregulated, and left unchecked, often abusive to its employees. Today, I will sign Malinda’s Act. Malinda was an 18-year-old young lady starting out in life when she was tragically killed. And it is people like Malinda, Amber, and Monica who we intend to protect by signing this law.”
The Governor was joined at the bill signing by Phil Ellenbecker, the father of Malinda Turvey, Bonnie Lettman, the mother of Amber Lettman, a 16-year-old from Oregon who was also killed in the crash, and Monica Forbes, who was left paralyzed by the Janesville crash.
In 1999, then Attorney General Doyle prosecuted those responsible for the crash including Y.E.S., a subscription sales company based in DeWitte, Iowa. He also advocated for legislation regulating the traveling sales industry in Wisconsin.
The Act sets multiple protections for employees on traveling sales crews. In part, the Act:
· Requires at least semi-monthly payment of all wages earned;
· Requires all vehicles used to transport workers to be certified for all safety codes, including having a seat belt for all passengers;
· Prohibits an employer from abandoning employees because they are sick, injured or have been arrested;
· Prohibits an employer from taking away a worker’s money, ID, phone or any other personal property during the course of employment with the traveling sales crew; and
· Prohibits an employer from restricting communication between the worker and family or friends.
The Act also protects consumers from scams and homeowners from dangerous criminals knocking on their doors. In part, the Act:
· Requires employers who utilize traveling sales crews in Wisconsin or who recruit crewmembers in Wisconsin to obtain a certificate of registration from the Department of Workforce Development (DWD) prior to entering the state. The information collected as part of the registration process will include any prior conviction record of all crewmembers;
· Requires traveling sales crew workers to carry a DWD-issued ID badge and a copy of the certificate of registration with them at all times;
· Requires the employer to request a registration stamp from a local municipality. The stamp must be placed on the certificate of registration prior to selling door-to-door in any community;
· Requires the notification of local law enforcement of planned sale activities; and
· Limits the times of day salespersons on a traveling sale crew can engage in sales activities to between 9:00 a.m. and 9:00 p.m.
This bill does not apply to fundraising sales by a nonprofit organization, such as the Girl Scouts, or schools and does not preempt a county, city, village, or town from enacting a local ordinance regulating the sale of goods or services to consumers from house to house, on any street, or in any other place that is open to the public.
Governor Doyle thanked Senator Jon Erpenbach and Representative Sondy Pope-Roberts for their work on the bill.
Read This Story