AB459: Bill Text

AB459,28,9 422.422 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.

AB459,28,10 (2) A violation of this section is subject to s. 425.304.

AB459, s. 42 Section 42. 610.75 of the statutes is created to read:

AB459,28,13 610.75 Use of social security numbers prohibited. (1) In this section, "health care plan" has the meaning given in s. 628.36 (2) (a) 1.

AB459,28,20 (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.

AB459, s. 43 Section 43. 632.725 (2) (d) of the statutes is amended to read:

AB459,29,2 632.725 (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.

AB459, s. 44 Section 44. 895.50 (2) (d) of the statutes is created to read:

AB459,29,6 895.50 (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.

AB459, s. 45 Section 45. 895.50 (2m) of the statutes is created to read:

AB459,29,8 895.50 (2m) (a) In this subsection:

AB459,29,9 1. "Private person" means a person who is not a public person.

AB459,29,14 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.

AB459,29,17 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.

AB459,29,20 (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.

AB459,29,23 (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.

AB459,29,25 (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).

AB459, s. 46 Section 46. 968.27 (12) of the statutes is amended to read:

AB459,30,7 968.27 (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.

AB459, s. 47 Section 47. 968.27 (14m) of the statutes is created to read:

AB459,30,11 968.27 (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.

AB459, s. 48 Section 48. 968.31 (2) (c) of the statutes is renumbered 968.31 (2) (c) (intro.) and amended to read:

AB459,30,17 968.31 (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:

AB459,30,20 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.

AB459, s. 49 Section 49. 968.31 (2) (c) 2. of the statutes is created to read:

AB459,31,2 968.31 (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.

AB459, s. 50 Section 50. 971.19 (11) of the statutes is created to read:

AB459,31,7 971.19 (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.

AB459, s. 9159 Section 9159. Nonstatutory provisions; other.

AB459,31,15 (1) 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.

AB459,31,22 (2) 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.

AB459, s. 9309 Section 9309. Initial applicability; circuit courts.

AB459,32,3 (1) 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.

AB459,32,5 (2) 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.

AB459, s. 9332 Section 9332. Initial applicability; legislature.

AB459,32,9 (1) 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.

AB459, s. 9344 Section 9344. Initial applicability; revenue.

AB459,32,19 (1) 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.

AB459, s. 9359 Section 9359. Initial applicability; other.

AB459,32,24 (1) 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.

AB459, s. 9400 Section 9400. Effective dates; general. Except as otherwise provided in Sections 9401 to 9459 of this act, this act takes effect on the day after publication.

AB459, s. 9423 Section 9423. Effective dates; health and family services.

AB459,33,6 (1) 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.

AB459, s. 9427 Section 9427. Effective dates; insurance.

AB459,33,10 (1) 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.

AB459, s. 9459 Section 9459. Effective dates; other.

AB459,33,15 (1) 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.

AB459,33,18 (2) 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.

AB459,33,21 (3) Internet cookies. The treatment of sections 421.301 (13m) and 422.422 of the statutes and Section 9159 (2 ) of this act takes effect on the first day of the 7th month beginning after publication.

AB459,33,22 (End)