Amendment AA125-ASA1-SB55

SB55-ASA1-AA125, s. 2826g Section 2826g. 134.72 (2) (a) of the statutes is renumbered 100.52 (5).

SB55-ASA1-AA125, s. 2826h Section 2826h. 134.72 (2) (b) (title) of the statutes is repealed.

SB55-ASA1-AA125, s. 2826i Section 2826i. 134.72 (2) (b) of the statutes is renumbered 134.72 (2), and 134.72 (2) (b), as renumbered, is amended to read:

SB55-ASA1-AA125,16,20 134.72 (2) (b) Notwithstanding subd. 1. par. (a), a person may not make a facsimile solicitation to a person who has notified the facsimile solicitor in writing or by facsimile transmission that the person does not want to receive facsimile solicitation.

SB55-ASA1-AA125, s. 2826j Section 2826j. 134.72 (3) (a) of the statutes is amended to read:

SB55-ASA1-AA125,16,23 134.72 (3) (a) Intrastate. This section applies to any intrastate telephone solicitation or intrastate facsimile solicitation.

SB55-ASA1-AA125, s. 2826k Section 2826k. 134.72 (3) (b) of the statutes is amended to read:

SB55-ASA1-AA125,17,2 134.72 (3) (b) Interstate. This section applies to any interstate telephone solicitation, or interstate facsimile solicitation, received by a person in this state.

SB55-ASA1-AA125, s. 2826L Section 2826L. 134.72 (4) of the statutes is amended to read:

SB55-ASA1-AA125,17,5 134.72 (4) Penalty. A person who violates this section may be required to forfeit up to not more than $500.

SB55-ASA1-AA125, s. 2826p Section 2826p. 134.92 of the statutes is created to read:

SB55-ASA1-AA125,17,11 134.92 Motor fuel purchases with the use of a credit or debit card. No person may sell motor fuel dispensed at a pump at which the purchaser may make payment for the motor fuel by the insertion of a credit or debit card unless no more than the last 4 digits of the credit or debit card number are displayed on any receipt issued automatically from the pump.".

SB55-ASA1-AA125,17,12 24. Page 942 line 9: after that line insert:

SB55-ASA1-AA125,17,13 " Section 2841m. 138.25 of the statutes is created to read:

SB55-ASA1-AA125,17,14 138.25 Credit card records. (1) Definitions. In this section:

SB55-ASA1-AA125,17,16 (a) "Affiliate," when used in relation to any person, means a company that controls, is controlled by, or is under common control with the person.

SB55-ASA1-AA125,17,17 (b) "Cardholder" has the meaning given in s. 943.41 (1) (b).

SB55-ASA1-AA125,17,18 (c) "Consumer report" has the meaning given in 15 USC 1681a (d).

SB55-ASA1-AA125,17,19 (d) "Consumer reporting agency" has the meaning given in 15 USC 1681a (f).

SB55-ASA1-AA125,17,20 (e) "Fair Credit Reporting Act" means 15 USC 1681 to 1681u, as amended.

SB55-ASA1-AA125,17,21 (f) "Financial transaction card" has the meaning given in s. 943.41 (1) (em).

SB55-ASA1-AA125,18,2 (2) Disclosure prohibited. Except as provided in sub. (3), a person may not disclose to another person, for money or anything else of value, any information or data about a cardholder who is a resident of this state that is obtained by the person from financial transaction card transaction records.

SB55-ASA1-AA125,18,4 (3) Exceptions. A person may disclose information about a cardholder if any of the following apply:

SB55-ASA1-AA125,18,7 (a) The disclosure is made to a consumer reporting agency for purposes of a consumer report or by a consumer reporting agency as authorized under the Fair Credit Reporting Act.

SB55-ASA1-AA125,18,12 (b) The disclosure is made to an affiliate of the person making the disclosure. The affiliate may not disclose any information received pursuant to this paragraph to a person other than the person who initially disclosed the information to the affiliate, unless the person who initially disclosed the information to the affiliate is permitted to make the disclosure under this subsection.

SB55-ASA1-AA125,18,17 (c) If the issuer of the financial transaction card is a retailer, the disclosure is made to or by contractors or agents of the issuer for the purposes of performing functions for or on behalf of the issuer. The contractor or agent may not disclose any information received pursuant to this paragraph to a person other than the issuer, unless the issuer is permitted to make the disclosure under this subsection.

SB55-ASA1-AA125,18,20 (4) Forfeiture. A person who violates sub. (2) may be required to forfeit not more than $10,000 for each violation. Each disclosure of information or data about one cardholder constitutes a separate violation.

SB55-ASA1-AA125,18,23 (5) Injunction. The department of justice may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any act or practice constituting a violation of sub. (2).".

SB55-ASA1-AA125,18,24 25. Page 946, line 13: after that line insert:

SB55-ASA1-AA125,19,1 " Section 2850bm. 146.833 of the statutes is created to read:

SB55-ASA1-AA125,19,8 146.833 Use of social security numbers prohibited. A health care provider may not use for any patient an identification number that is identical to or incorporates the patient's social security number. This section does not prohibit the health care provider from requiring a patient to disclose his or her social security number, or from using a patient's social security number if that use is required by a federal or state agency in order for the patient to participate in a particular program.".

SB55-ASA1-AA125,19,9 26. Page 972, line 7: after that line insert:

SB55-ASA1-AA125,19,10 " Section 2881q. 175.22 of the statutes is created to read:

SB55-ASA1-AA125,19,15 175.22 Policy on privacy for professional athletic teams. Any professional athletic team that has its home field or arena in this state shall adopt a written policy on who may enter and remain, to interview or seek information from any person, in a locker room used by the professional athletic team. The policy shall reflect the privacy interests of members of the professional athletic team.".

SB55-ASA1-AA125,19,16 27. Page 1003, line 12: after that line insert:

SB55-ASA1-AA125,19,18 " Section 3029m. Subchapter V of chapter 224 [precedes 224.991] of the statutes is created to read:

SB55-ASA1-AA125,19,19 Chapter 224

SB55-ASA1-AA125,19,21 Subchapter v consumer reporting agencies

SB55-ASA1-AA125,19,22 224.991 Definitions. In this subchapter:

SB55-ASA1-AA125,19,23 (1) "Consumer report" has the meaning given in 15 USC 1681a (d).

SB55-ASA1-AA125,19,24 (2) "Consumer reporting agency" has the meaning given in 15 USC 1681a (f).

SB55-ASA1-AA125,20,1 (3) "File" has the meaning given in 15 USC 1681a (g).

SB55-ASA1-AA125,20,3 (4) "Investigative consumer report" has the meaning given in 15 USC 1681a (e).

SB55-ASA1-AA125,20,5 (5) "Summary of rights" means the information a consumer reporting agency is required to provide under 15 USC 1681g (c).

SB55-ASA1-AA125,20,9 224.993 Disclosure to individual. (1) In general. A consumer reporting agency shall, upon the written request of an individual, provide the individual with a written disclosure report within 5 business days after receiving the written request.

SB55-ASA1-AA125,20,11 (2) Contents. Except as provided in sub. (4), the written disclosure report provided under sub. (1) shall contain all of the following:

SB55-ASA1-AA125,20,12 (a) A current consumer report pertaining to the individual.

SB55-ASA1-AA125,20,15 (b) The date of each request for credit information pertaining to the individual received by the consumer reporting agency during the 12 months before the date that the consumer reporting agency provides the written disclosure report.

SB55-ASA1-AA125,20,18 (c) The name of each person requesting credit information pertaining to the individual during the 12 months before the date that the consumer reporting agency provides the written disclosure report.

SB55-ASA1-AA125,20,20 (d) The dates, original payees, and amounts of any checks upon which any adverse characterization of the consumer is based.

SB55-ASA1-AA125,20,21 (e) Any other information contained in the individual's file.

SB55-ASA1-AA125,20,23 (f) A clear and concise explanation of the contents of the written disclosure report.

SB55-ASA1-AA125,20,24 (g) A summary of rights.

SB55-ASA1-AA125,21,4 (3) Cost. A consumer reporting agency shall provide the written disclosure report required under sub. (1) free of charge, unless the individual has requested a written disclosure report from the consumer reporting agency during the preceding 12 months.

SB55-ASA1-AA125,21,6 (4) Exceptions. A consumer reporting agency may not disclose to an individual making a request under sub. (1) any of the following:

SB55-ASA1-AA125,21,8 (a) The sources of any information that was both acquired solely for use in preparing an investigative consumer report and used for no other purpose.

SB55-ASA1-AA125,21,9 (b) Any credit score or other risk score or predictor relating to the consumer.

SB55-ASA1-AA125,21,13 (5) Penalty. Any person who violates this section may be fined not more than $500 for the first offense and may be fined not more than $1,000 or imprisoned for not more than 6 months or both for each subsequent offense occurring within 6 months.".

SB55-ASA1-AA125,21,14 28. Page 1143, line 6: after that line insert:

SB55-ASA1-AA125,21,15 " Section 3492m. 421.301 (13m) of the statutes is created to read:

SB55-ASA1-AA125,21,20 421.301 (13m) "Cookie" means a file that is created and stored on a computer as a result of that computer accessing and interacting with an Internet web site and that contains information regarding the Internet web sites accessed through use of that computer, or information used when that computer accesses an Internet web site previously accessed through use of that computer, or both.

SB55-ASA1-AA125, s. 3492p Section 3492p. 422.422 of the statutes is created to read:

SB55-ASA1-AA125,22,2 422.422 Tracking consumer Internet usage prohibited. (1) No creditor under an open-end credit plan or merchant may store a cookie on a computer that the creditor knows or has reason to know is used by a customer to whom the creditor or merchant extends credit, or access information obtained from a cookie that another person has stored on such a computer.

SB55-ASA1-AA125,22,3 (2) A violation of this section is subject to s. 425.304.".

SB55-ASA1-AA125,22,4 29. Page 1180, line 21: after that line insert:

SB55-ASA1-AA125,22,5 " Section 3741m. 610.75 of the statutes is created to read:

SB55-ASA1-AA125,22,7 610.75 Use of social security numbers prohibited. (1) In this section, "health care plan" has the meaning given in s. 628.36 (2) (a) 1.

SB55-ASA1-AA125,22,14 (2) An insurer that provides coverage under a health care plan may not use for any insured or enrollee under the health care plan an identification number that is identical with or that incorporates the insured's or enrollee's social security number. This section does not prohibit such an insurer from requiring an insured or enrollee to disclose his or her social security number, or from using an insured's or enrollee's social security number if that use is required by a federal or state agency in order for the insured or enrollee to participate in a particular program.".

SB55-ASA1-AA125,22,15 30. Page 1181, line 3: after that line insert:

SB55-ASA1-AA125,22,16 " Section 3759m. 632.725 (2) (d) of the statutes is amended to read:

SB55-ASA1-AA125,22,22 632.725 (2) (d) Establish In conformity with the requirements under ss. 146.833 and 610.75, establish a uniform statewide patient identification system in which each individual who receives health care services in this state is assigned an identification number. The standardized billing format established under par. (a) and the standardized claim format established under par. (b) shall provide for the designation of an individual's patient identification number.".

SB55-ASA1-AA125,22,23 31. Page 1219, line 4: after that line insert:

SB55-ASA1-AA125,22,24 " Section 3866m. 895.50 (2) (d) of the statutes is created to read:

SB55-ASA1-AA125,23,3 895.50 (2) (d) Publicity given to a matter concerning another person that places the other person before the public in a false light if the false light in which the other person was placed would be highly offensive to a reasonable person.

SB55-ASA1-AA125, s. 3866n Section 3866n. 895.50 (2m) of the statutes is created to read:

SB55-ASA1-AA125,23,5 895.50 (2m) (a) In this subsection:

SB55-ASA1-AA125,23,6 1. "Private person" means a person who is not a public person.

SB55-ASA1-AA125,23,11 2. "Public person" means that the person has general fame or notoriety in the community and pervasive involvement in the affairs of society; the person has put himself or herself in the public eye with respect to the issues or events reported; or the person has deliberately engaged the public's attention to influence the issues or events reported.

SB55-ASA1-AA125,23,14 3. "Publisher" means any person who gives publicity to a matter, including a person who communicates the matter in a newspaper or magazine, on radio or television, or by electronic means.

SB55-ASA1-AA125,23,17 (b) If the person who is the subject of the publicity under sub. (2) (d) is a public person, the publisher is liable under this section only if the publisher had knowledge of or acted with reckless disregard as to the falsity of the publicized matter.

SB55-ASA1-AA125,23,20 (c) If the person who is the subject of the publicity under sub. (2) (d) is a private person, the publisher is liable under this section only if the publisher did not use reasonable care to determine if the matter was false.

SB55-ASA1-AA125,23,22 (d) Truth of the publicized matter is an absolute defense to an action for the violation of a person's privacy under sub. (2) (d).".

SB55-ASA1-AA125,23,23 32. Page 1256, line 4: after that line insert:

SB55-ASA1-AA125,23,24 " Section 3998m. 968.27 (12) of the statutes is amended to read:

SB55-ASA1-AA125,24,6 968.27 (12) "Oral communication" means any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying the expectation. " Oral communication" includes any oral communication between an employee of a retail business and a customer of that retail business. "Oral communication" does not include any electronic communication.

SB55-ASA1-AA125, s. 3998n Section 3998n. 968.27 (14m) of the statutes is created to read:

SB55-ASA1-AA125,24,10 968.27 (14m) "Retail business" means any business primarily engaged in the retail sale of goods or services from a store or other premises owned or leased by the business.

SB55-ASA1-AA125, s. 3998o Section 3998o. 968.31 (2) (c) of the statutes is renumbered 968.31 (2) (c) (intro.) and amended to read:

SB55-ASA1-AA125,24,16 968.31 (2) (c) (intro.) For a person not acting under color of law to intercept a wire, electronic or oral communication where the person is a party to the communication or where one of the parties to the communication has given prior consent to the interception, unless the one of the following applies: