AB459, s. 39
1Section
39. Subchapter V of chapter 224 [precedes 224.991] of the statutes is
2created to read:
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Subchapter v
5
consumer reporting agencies
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6224.991 Definitions. In this subchapter:
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7(1) "Consumer report" has the meaning given in
15 USC 1681a (d).
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8(2) "Consumer reporting agency" has the meaning given in
15 USC 1681a (f).
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9(3) "File" has the meaning given in
15 USC 1681a (g).
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10(4) "Investigative consumer report" has the meaning given in
15 USC 1681a 11(e).
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12(5) "Summary of rights" means the information a consumer reporting agency
13is required to provide under
15 USC 1681g (c).
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14224.993 Disclosure to individual. (1)
In general. A consumer reporting
15agency shall, upon the written request of an individual, provide the individual with
16a written disclosure report within 5 business days after receiving the written
17request.
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18(2) Contents. Except as provided in sub. (4), the written disclosure report
19provided under sub. (1) shall contain all of the following:
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(a) A current consumer report pertaining to the individual.
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(b) The date of each request for credit information pertaining to the individual
22received by the consumer reporting agency during the 12 months before the date that
23the consumer reporting agency provides the written disclosure report.
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1(c) The name of each person requesting credit information pertaining to the
2individual during the 12 months before the date that the consumer reporting agency
3provides the written disclosure report.
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(d) The dates, original payees, and amounts of any checks upon which any
5adverse characterization of the consumer is based.
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(e) Any other information contained in the individual's file.
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(f) A clear and concise explanation of the contents of the written disclosure
8report.
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(g) A summary of rights.
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10(3) Cost. A consumer reporting agency shall provide the written disclosure
11report required under sub. (1) free of charge, unless the individual has requested a
12written disclosure report from the consumer reporting agency during the preceding
1312 months.
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14(4) Exceptions. A consumer reporting agency may not disclose to an individual
15making a request under sub. (1) any of the following:
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(a)
The sources of any information that was both acquired solely for use in
17preparing an investigative consumer report and used for no other purpose.
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(b)
Any credit score or other risk score or predictor relating to the consumer.
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19(5) Penalty. Any person who violates this section may be fined not more than
20$500 for the first offense and may be fined not more than $1,000 or imprisoned for
21not more than 6 months or both for each subsequent offense occurring within 6
22months.
AB459, s. 40
23Section
40. 421.301 (13m) of the statutes is created to read:
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421.301
(13m) "Cookie" means a file that is created and stored on a computer
25as a result of that computer accessing and interacting with an Internet web site and
1that contains information regarding the Internet web sites accessed through use of
2that computer, or information used when that computer accesses an Internet web
3site previously accessed through use of that computer, or both.
AB459, s. 41
4Section
41. 422.422 of the statutes is created to read:
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5422.422 Tracking consumer Internet usage prohibited. (1) No creditor
6under an open-end credit plan or merchant may store a cookie on a computer that
7the creditor knows or has reason to know is used by a customer to whom the creditor
8or merchant extends credit, or access information obtained from a cookie that
9another person has stored on such a computer.
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10(2) A violation of this section is subject to s. 425.304.
AB459, s. 42
11Section
42. 610.75 of the statutes is created to read:
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12610.75 Use of social security numbers prohibited. (1) In this section,
13"health care plan" has the meaning given in s. 628.36 (2) (a) 1.
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14(2) An insurer that provides coverage under a health care plan may not use for
15any insured or enrollee under the health care plan an identification number that is
16identical with or that incorporates the insured's or enrollee's social security number.
17This section does not prohibit such an insurer from requiring an insured or enrollee
18to disclose his or her social security number, or from using an insured's or enrollee's
19social security number if that use is required by a federal or state agency in order for
20the insured or enrollee to participate in a particular program.
AB459, s. 43
21Section
43. 632.725 (2) (d) of the statutes is amended to read:
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632.725
(2) (d)
Establish In conformity with the requirements under ss.
23146.833 and 610.75, establish a uniform statewide patient identification system in
24which each individual who receives health care services in this state is assigned an
25identification number. The standardized billing format established under par. (a)
1and the standardized claim format established under par. (b) shall provide for the
2designation of an individual's patient identification number.
AB459, s. 44
3Section
44. 895.50 (2) (d) of the statutes is created to read:
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895.50
(2) (d) Publicity given to a matter concerning another person that places
5the other person before the public in a false light if the false light in which the other
6person was placed would be highly offensive to a reasonable person.
AB459, s. 45
7Section
45. 895.50 (2m) of the statutes is created to read:
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895.50
(2m) (a) In this subsection:
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1. "Private person" means a person who is not a public person.
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2. "Public person" means that the person has general fame or notoriety in the
11community and pervasive involvement in the affairs of society; the person has put
12himself or herself in the public eye with respect to the issues or events reported; or
13the person has deliberately engaged the public's attention to influence the issues or
14events reported.
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3. "Publisher" means any person who gives publicity to a matter, including a
16person who communicates the matter in a newspaper or magazine, on radio or
17television, or by electronic means.
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(b) If the person who is the subject of the publicity under sub. (2) (d) is a public
19person, the publisher is liable under this section only if the publisher had knowledge
20of or acted with reckless disregard as to the falsity of the publicized matter.
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(c) If the person who is the subject of the publicity under sub. (2) (d) is a private
22person, the publisher is liable under this section only if the publisher did not use
23reasonable care to determine if the matter was false.
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(d) Truth of the publicized matter is an absolute defense to an action for the
25violation of a person's privacy under sub. (2) (d).
AB459, s. 46
1Section
46. 968.27 (12) of the statutes is amended to read:
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968.27
(12) "Oral communication" means any oral communication uttered by
3a person exhibiting an expectation that the communication is not subject to
4interception under circumstances justifying the expectation.
"
Oral communication"
5includes any oral communication between an employee of a retail business and a
6customer of that retail business. "Oral communication" does not include any
7electronic communication.
AB459, s. 47
8Section
47. 968.27 (14m) of the statutes is created to read:
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968.27
(14m) "Retail business" means any business primarily engaged in the
10retail sale of goods or services from a store or other premises owned or leased by the
11business.
AB459, s. 48
12Section
48. 968.31 (2) (c) of the statutes is renumbered 968.31 (2) (c) (intro.)
13and amended to read:
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968.31
(2) (c) (intro.) For a person not acting under color of law to intercept a
15wire, electronic or oral communication where the person is a party to the
16communication or where one of the parties to the communication has given prior
17consent to the interception
, unless
the one of the following applies:
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181. The communication is intercepted for the purpose of committing any
19criminal or tortious act in violation of the constitution or laws of the United States
20or of any state or for the purpose of committing any other injurious act.
AB459, s. 49
21Section
49. 968.31 (2) (c) 2. of the statutes is created to read:
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968.31
(2) (c) 2. The communication is an oral communication between an
23employee of a retail business and a customer of the retail business that is uttered
24while both the employee and the customer are present in or on the store or premises
1of the retail business and that is intercepted using an electronic, mechanical, or other
2device that is attached to or in the possession of the employee.
AB459, s. 50
3Section
50. 971.19 (11) of the statutes is created to read:
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971.19
(11) In an action under s. 942.01, 942.03, 943.201, 943.205, 943.30,
5943.31, 943.41, 943.70, 946.72, 947.012, or 947.0125, the defendant may be tried in
6the defendant's county of residence, in the victim's county of residence, or in any
7other county in which the trial may be conducted under this section.
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(1)
Credit card records. If a person is affected by a contract that is in effect
10on the effective date of this subsection and that contains provisions that are
11inconsistent with section 138.25 (2) of the statutes, as created by this act, then,
12notwithstanding section 138.25 (2) of the statutes, as created by this act, the person
13may perform its obligations, and exercise its rights, under those provisions of the
14contract until the contract expires or is extended, modified, or renewed, whichever
15first occurs.
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(2)
Internet cookies. If a person is affected by a contract that is in effect on
17the effective date of this subsection and that contains provisions that are
18inconsistent with section 422.422 (1) of the statutes, as created by this act, then,
19notwithstanding section 422.422 (1) of the statutes, as created by this act, the person
20may perform its obligations, and exercise its rights, under those provisions of the
21contract until the contract expires or is extended, modified, or renewed, whichever
22occurs first.
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1(1)
Right of privacy. The treatment of section 895.50 (2) (d) and (2m) of the
2statutes first applies to publicity given to a matter concerning another person on the
3effective date of this subsection.
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(2)
Venue of criminal trial. The treatment of section 971.19 (11) of the statutes
5first applies to criminal actions commenced on the effective date of this subsection.
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(1)
Privacy impact statements. The treatment of section 13.0991 of the statutes
8first applies with respect to bills introduced in the 2001-03 legislative session and
9jacketed by the legislative reference bureau after the effective date of this subsection.
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(1)
Information technology training credit. The treatment of sections 71.05
12(6) (a) 15., 71.07 (5s), 71.10 (4) (gv), 71.21 (4), 71.26 (2) (a), 71.28 (5s), 71.30 (3) (eon),
1371.34 (1) (g), 71.45 (2) (a) 10., 71.47 (5s), 71.49 (1) (eon), and 77.92 (4) of the statutes
14first applies to taxable years beginning on January 1 of the year in which this
15subsection takes effect, except that if this subsection takes effect after July 31 the
16treatment of sections 71.05 (6) (a) 15., 71.07 (5s), 71.10 (4) (gv), 71.21 (4), 71.26 (2)
17(a), 71.28 (5s), 71.30 (3) (eon), 71.34 (1) (g), 71.45 (2) (a) 10., 71.47 (5s), 71.49 (1) (eon),
18and 77.92 (4) of the statutes first applies to taxable years beginning on January 1 of
19the year after the year in which this subsection takes effect.
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(1)
Retail business oral communications. The renumbering and amendment
22of section 968.31 (2) (c) of the statutes and the creation of section 968.31 (2) (c) 2. of
23the statutes first apply to oral communications intercepted on the effective date of
24this subsection.
AB459, s. 9400
1Section 9400.
Effective dates; general. Except as otherwise provided in
2Sections 9401 to 9459 of this act, this act takes effect on the day after publication.
AB459, s. 9423
3Section 9423.
Effective dates; health and family services.
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(1)
Use of social security numbers by health care providers. The treatment
5of section 146.833 of the statutes takes effect on the first day of the 7th month
6beginning after publication.
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(1)
Use of social security numbers by insurers. The treatment of sections
9610.75 and 632.725 (2) (d) of the statutes takes effect on the first day of the 7th month
10beginning after publication.
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(1)
Student identification numbers. The treatment of section 36.32 (1) of the
13statutes, the renumbering of section 36.11 (35) (title) of the statutes, and the
14renumbering and amendment of section 36.11 (35) of the statutes take effect on
15January 1, 2003.
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(2)
Privacy in athletic locker rooms. The treatment of sections 36.38, 38.12
17(12), 39.49, 118.39, and 175.22 of the statutes takes effect on the first day of the 6th
18month beginning after publication.
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(3)
Internet cookies. The treatment of sections 421.301 (13m) and 422.422 of
20the statutes and
Section 9159 (2
) of this act takes effect on the first day of the 7th
21month beginning after publication.