UPDATE: Governor Doyle Signs Malinda’s Act
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UPDATE: Governor Doyle Signs Malinda’s Act
UPDATE: Governor Jim Doyle today signed into law legislation that will protect traveling sales crews.
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UPDATED Thursday, March 26, 2009--9:00 p.m.

Today Governor Jim Doyle signed into law legislation that will protect traveling sales crews from abuse by employers.

On March 25, 1999, seven young people were killed when their van crashed in Janesville.

They were part of a traveling sales crew.

18-year-old Malinda Turvey was one of the seven killed.

Today, her father was on hand to see Governor Doyle sign Malinda's Act.

" There is no closure. "

About a decade ago Phil Ellenbecker's daughter, Malinda, and six of her co-workers were killed when the van they were in crashed.

Five other people were seriously injured.

They were working for a subscription sales company in Iowa.

At that time the traveling sales industry was mostly unregulated.

" Up until now there has never been any real state or federal legislation or regulation whatsoever."

But that changed today when Governor Doyle signed Malinda's Act.
" This law, among other things, will help protect people from abuses from disreputable employers."

The new law requires employers who use traveling sales crews in Wisconsin or who recruit here to register with the Department of Workforce Development.

All vehicles used by crew members have to be certified for all safety codes and workers have to be paid on a semi-monthly basis for wages earned.

" This is the most extraordinary experience I've ever had. "

Ellenbecker played a pivotal role in this legislation's development and was at the capitol to see it signed into law one day after the ten-year anniversary of Malinda's death.

" I am so grateful for all the hard work of everyone. And the final outcome is exactly what we wanted. "

Ellenbecker says he's tired after this ten year fight.

So he's going to take some time off.

But he says he isn't done just yet.

"There's 49 more states and we have to make sure that they are protected too."

Ellenbecker says he wants other states to adopt similar legislation.

He also says he wants some sort of **federal regulation when it comes to the traveling sales industry.

Ellenbecker is in the process of gathering support from other lawmakers to make that happen.
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UPDATED Thursday, March 26, 2009 --- 4:30 p.m.

Press release from the Governor's Office:

MADISON—Governor Jim Doyle today signed into law legislation that will protect traveling sales crews from abuse by employers and sets regulations that also protect consumers and homeowners. Malinda’s Act, SB4, is a response to the tragic traveling sales crew van crash on March 25, 1999 in Janesville, which killed 7 people, including 18-year-old Malinda Turvey from Verona, and severely injured 5 others.

“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.

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UPDATED Tuesday, March 24, 2009 --- 12:50 p.m.

MADISON, Wis. (AP) -- Wisconsin lawmakers are moving to approve the nation's toughest regulations on companies that use traveling sales crews.

The rules are aimed at those who recruit young adults to rove the country selling magazines, soap and other products. Critics say they too often put workers in unsafe and unfair conditions.

The rules would require workers to be employees rather than independent contractors, which would make them subject to labor laws.

Companies that employ crews would have to register with the state and tell workers in writing where they will work and what they will be paid.

The measure passed the Senate 27-6 and will be debated in the Assembly later Tuesday.

Copyright 2009 by The Associated Press. All Rights Reserved.

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Posted April 10, 2007 --- 5:30 p.m.

The pitch for traveling sales jobs is appealing--travel the country and make money. But, a Middleton lawmaker says the students are being taken advantage of.

"They say the job is not for everyone and I say it's not for anyone," says Kristen Rae Spicer.

On Tuesday, Kristen Rae and her father traveled all the way from Atlanta, Georgia to address a Senate committee.

"There was nothing written for me (like) this is where you're going to be living, this is what's required of you, this is what you're going to get paid," says Kristen Rae.

In the summer of 2005, the then 18-year-old, went door-to-door selling educational books in Pennsylvania.

"When she came back after that summer she was a shell of a person," says Guy Spicer, Kristen Rae's father.

State Senator Jon Erpenbach of Middleton says that's not uncommon.

The Democrat's interest stems from a 1999 crash in Rock County involving a traveling sales crew. Seven young people died and five were injured. It happened when the unlicensed driver switched seats with a licensed driver at 80 miles-per-hour after spotting a police car.

"This bill is named after Melinda Turvey, one of the victims of the crash," says Erpenbach.

The bill would make it illegal for traveling sales companies to hire minors. It would require an employer disclosure statement. And, it would prohibit the use of independent contractors.

"If the independent contractor status was taken away from the students who did this, this would go from running your own business to a sales job," says college recruiter Katie Barmann, a UW graduate.

But Erpenbach disagrees. He says the companies go with independent contractors to avoid possible legal problems.

"Any company in this state, working in this state, recruiting in this state, would easily be able to abide by this legislation," he says.

As for Kristen Rae, she's moving on. But, there's one part of her summer job experience she'll never forget.

"On July 25, 2005, I was raped by a coworker of mine," she says.

Kristen Rae says a simple background check, which is also included in the bill, may have kept her safe.

A spokesperson for the one company at Tuesdays' hearing says her organization is "very up front about everything the job entails."

More than 30-people testified. No action was taken.


Latest Comments

Posted by: Anonymous on Mar 24, 2009 at 02:55 PM

The ones who will obey this are already doing it without regulation. The ones who aren't doing this already will not obey. So, besides making someone feel good, and granting more power to the State, there's no point to this. I bet there was a time in history where people could decide for themselves what they wished to do.
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