Amendment AA125-ASA1-SB55

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:

SB55-ASA1-AA125,24,19 1. The communication is intercepted for the purpose of committing any criminal or tortious act in violation of the constitution or laws of the United States or of any state or for the purpose of committing any other injurious act.

SB55-ASA1-AA125, s. 3998p Section 3998p. 968.31 (2) (c) 2. of the statutes is created to read:

SB55-ASA1-AA125,24,25 968.31 (2) (c) 2. The communication is an oral communication between an employee of a retail business and a customer of the retail business that is uttered while both the employee and the customer are present in or on the store or premises of the retail business and that is intercepted using an electronic, mechanical, or other device that is attached to or in the possession of the employee.".

SB55-ASA1-AA125,25,1 33. Page 1258, line 7: after that line insert:

SB55-ASA1-AA125,25,2 " Section 4002m. 971.19 (11) of the statutes is created to read:

SB55-ASA1-AA125,25,6 971.19 (11) In an action under s. 942.01, 942.03, 943.201, 943.205, 943.30, 943.31, 943.41, 943.70, 946.72, 947.012, or 947.0125, the defendant may be tried in the defendant's county of residence, in the victim's county of residence, or in any other county in which the trial may be conducted under this section.".

SB55-ASA1-AA125,25,7 34. Page 1378, line 9: after that line insert:

SB55-ASA1-AA125,25,14 "(4q) Credit card records. If a person is affected by a contract that is in effect on the effective date of this subsection and that contains provisions that are inconsistent with section 138.25 (2) of the statutes, as created by this act, then, notwithstanding section 138.25 (2) of the statutes, as created by this act, the person may perform its obligations, and exercise its rights, under those provisions of the contract until the contract expires or is extended, modified, or renewed, whichever first occurs.

SB55-ASA1-AA125,25,21 (4r) Internet cookies. If a person is affected by a contract that is in effect on the effective date of this subsection and that contains provisions that are inconsistent with section 422.422 (1) of the statutes, as created by this act, then, notwithstanding section 422.422 (1) of the statutes, as created by this act, the person may perform its obligations, and exercise its rights, under those provisions of the contract until the contract expires or is extended, modified, or renewed, whichever occurs first.".

SB55-ASA1-AA125,25,22 35. Page 1396, line 6: after that line insert:

SB55-ASA1-AA125,26,3 "(7q) Right of privacy. The treatment of section 895.50 (2) (d) and (2m) of the statutes first applies to publicity given to a matter concerning another person on the effective date of this subsection.

SB55-ASA1-AA125,26,6 (7r) Venue of criminal trial. The treatment of section 971.19 (11) of the statutes first applies to criminal actions commenced on the effective date of this subsection.".

SB55-ASA1-AA125,26,7 36. Page 1400, line 5: after that line insert:

SB55-ASA1-AA125,26,11 "(1q) Privacy impact statements. The treatment of section 13.0991 of the statutes first applies with respect to bills introduced in the 2001-03 legislative session and jacketed by the legislative reference bureau after the effective date of this subsection.".

SB55-ASA1-AA125,26,12 37. Page 1408, line 9: after that line insert:

SB55-ASA1-AA125,26,21 "(30q) Information technology training credit. The treatment of sections 71.05 (6) (a) 15., 71.07 (5s), 71.10 (4) (gv), 71.21 (4), 71.26 (2) (a), 71.28 (5s), 71.30 (3) (eon), 71.34 (1) (g), 71.45 (2) (a) 10., 71.47 (5s), 71.49 (1) (eon), and 77.92 (4) of the statutes first applies to taxable years beginning on January 1 of the year in which this subsection takes effect, except that if this subsection takes effect after July 31 the treatment of sections 71.05 (6) (a) 15., 71.07 (5s), 71.10 (4) (gv), 71.21 (4), 71.26 (2) (a), 71.28 (5s), 71.30 (3) (eon), 71.34 (1) (g), 71.45 (2) (a) 10., 71.47 (5s), 71.49 (1) (eon), and 77.92 (4) of the statutes first applies to taxable years beginning on January 1 of the year after the year in which this subsection takes effect.".

SB55-ASA1-AA125,26,22 38. Page 1416, line 16: after that line insert:

SB55-ASA1-AA125,27,2 "(14q) Retail business oral communications. The renumbering and amendment of section 968.31 (2) (c) of the statutes and the creation of section 968.31 (2) (c) 2. of the statutes first apply to oral communications intercepted on the effective date of this subsection.".

SB55-ASA1-AA125,27,3 39. Page 1420, line 19: after that line insert:

SB55-ASA1-AA125,27,6 "(15q) Use of social security numbers by health care providers. The treatment of section 146.833 of the statutes takes effect on the first day of the 7th month beginning after publication.".

SB55-ASA1-AA125,27,7 40. Page 1421, line 4: after that line insert:

SB55-ASA1-AA125,27,10 "(4q) Use of social security numbers by insurers. The treatment of sections 610.75 and 632.725 (2) (d) of the statutes takes effect on the first day of the 7th month beginning after publication.".

SB55-ASA1-AA125,27,11 41. Page 1429, line 3: after that line insert:

SB55-ASA1-AA125,27,15 "(6q) Student identification numbers. The treatment of section 36.32 (1) of the statutes, the renumbering of section 36.11 (35) (title) of the statutes, and the renumbering and amendment of section 36.11 (35) of the statutes take effect on January 1, 2003.

SB55-ASA1-AA125,27,18 (6r) Privacy in athletic locker rooms. The treatment of sections 36.38, 38.12 (12), 39.49, 118.39, and 175.22 of the statutes takes effect on the first day of the 6th month beginning after publication.

SB55-ASA1-AA125,27,21 (6s) Internet cookies. The treatment of sections 421.301 (13m) and 422.422 of the statutes and Section 9159 (4r) of this act takes effect on the first day of the 7th month beginning after publication.".

SB55-ASA1-AA125,27,22 (End)