The bill, however, permits the requester of a record to have access to the social
security account number of an individual if:
1. The requester is an individual and the record pertains to that requester
alone, to the marital or parental rights or responsibilities of that requester and his
or her spouse or former spouse, to the property of that requester held jointly or in
common with one or more other individuals, or to a civil lawsuit in which the
requester is a specifically named party, and the requester provides appropriate
identification; or
2. The requester is an authorized representative of an insurer or an
organization that performs investigations for insurers and the social security
account number is relevant to an investigation of suspected, anticipated, or actual
insurance fraud.
Moreover, if any person misrepresents his or her identity for the purpose of
obtaining access to the social security account number of another individual, the
person is subject to a forfeiture (civil penalty) of not more than $1,000 for each social
security account number obtained by means of misrepresentation. In addition, under
the bill, if any insurer or other person obtains a social security account number and
uses that number for purposes other than an investigation of suspected, anticipated,
or actual insurance fraud, the person is subject to a forfeiture of not more than $1,000
for each social security account number used by the person for unauthorized
purposes.
The bill also prohibits a health care provider or a health insurer from using for
any patient or insured or enrollee an identification number that is identical to or that
incorporates the patient's or the insured's or enrollee's social security number.
However, under the bill, a health care provider or health insurer is not prohibited
from requiring that the patient or insured or enrollee disclose his or her social
security number or from using that number if a federal or state agency requires its
use in order for the patient or insured or enrollee to participate in a particular
program.
This bill makes the following changes regarding telephone solicitations:
1. The bill prohibits a person from using an automatic telephone dialing system
in making a telephone solicitation if the system is used in such a way that two or more
telephone lines are engaged simultaneously.
2. The bill prohibits a person who makes a telephone solicitation from using a
blocking service that withholds the person's name or telephone number from the
person who receives the solicitation.
3. The bill requires the department of agriculture, trade and consumer
protection (DATCP) to enforce a prohibition under current law against using an
electronically prerecorded message in a telephone solicitation without the consent
of the person called. Under current law, local district attorneys enforce the
prohibition. The bill also requires DATCP to enforce the prohibitions regarding
telephone solicitations.
4. The bill allows a residential telephone customer to request his or her local
telecommunications utility to include a listing or symbol in its telephone directory
that indicates that the customer does not want to receive telephone solicitations. A
telecommunications utility may impose a onetime charge for including a listing or
symbol in its telephone directory.
5. The bill prohibits a telephone solicitor from making a telephone solicitation
to an individual for which there is a listing or symbol described above.
6. Except for the last prohibition described above, the bill provides that a person
who violates the foregoing prohibitions is subject to a forfeiture of up to $500. A
telephone solicitor who violates the last prohibition is subject to a forfeiture of up to
$10,000. Under certain circumstances, a person who violates any of the prohibitions
may be subject to a supplemental forfeiture of up to $10,000 if the telephone
solicitation was directed against an elderly or disabled person.
Current law is silent regarding a person's authority to sell information about
holders of credit cards. Under this bill, a person (which includes a corporation) may
not sell information about Wisconsin residents that is obtained from credit card
transaction records. The bill provides for certain exceptions from this prohibition.
First, the bill excepts disclosures to credit reporting agencies for the purpose of
preparing a credit report and disclosures by credit reporting agencies. The bill also
contains certain exceptions for disclosing information to affiliates of the person
making the disclosure and to contractors or agents of the issuer for the purpose of
performing functions for or on behalf of the issuer. Those disclosures are permitted
notwithstanding the provisions of the bill that require a person to obtain the consent
of the subject of any personally identifiable information before using or disclosing
that information for a commercial purpose. Persons violating the disclosure
provisions created in the bill are subject to a forfeiture of not more than $10,000 for
each violation. The bill authorizes the department of justice to bring actions in
circuit court to enjoin violations of the disclosure provisions.
Wisconsin law currently does not specifically regulate the disclosure of credit
reports to consumers by a credit reporting agency (agency). However, under current
federal law, an agency must provide a consumer with five pieces of information upon
request: all nonmedical information contained in the agency's files on the consumer,
the sources of that information, the recipients of any credit report concerning the
consumer, information regarding any checks that form the basis of an adverse
characterization of the consumer, and a record of certain inquiries received by the
agency that identified the consumer. Generally, unless the consumer's request is
pursuant to a denial of credit or to a notice that the consumer's credit may be
adversely affected, the agency may charge up to $8 for this disclosure. In certain
circumstances, federal law prohibits an agency from disclosing the sources of
information in a consumer's file.
This bill requires an agency, upon request, to provide one free written disclosure
report to a consumer per year. In addition to the disclosure required by the federal
law, this bill requires the agency to provide the consumer with a current credit report
and a clear and concise explanation of the contents of the written disclosure report.
This bill prohibits an agency from making certain disclosures prohibited under
federal law. A person who violates this bill may be fined up to $500 for a first offense
and may be fined up to $1,000 or imprisoned for up to six months or both for a
subsequent offense within six months.
Under current law, a transaction in which a consumer is granted credit in an
amount of $25,000 or less and which is entered into for personal, family, or household
purposes (consumer credit transaction) is generally subject to the Wisconsin
Consumer Act. Examples of consumer credit transactions include, among other
things, purchases of consumer goods on credit, consumer loans, and open-end
consumer credit plans (typically, credit cards). The Wisconsin Consumer Act
provides obligations, remedies, and penalties with regard to these transactions that
current law generally does not require for other transactions.
Under this bill, a creditor under a consumer credit transaction may not store
a "cookie" on a computer that the creditor knows or has reason to know is used by a
consumer, or access information obtained from a "cookie" that another person has
stored on such a computer. A "cookie" is 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.
Under current law, with certain exceptions, no person may intentionally
intercept an oral communication made by another person. A person who violates this
prohibition may be imprisoned for not more than seven years and six months or fined
not more than $10,000 or both. Under the so-called "one-party consent" exception
to this prohibition, a person may intercept an oral communication if he or she is a
party to the communication or if one of the parties to the communication has given
prior consent to the interception. However, the one-party consent exception does not
apply if the communication is intercepted for the purpose of committing any illegal
or injurious act.
This bill provides that the one-party consent exception does not apply to an
interception of an oral communication between an employee of a retail business and
a customer of the retail business if the communication is uttered while both the
employee and the customer are present in or on the store or premises of the retail
business and if the communication is intercepted using an electronic, mechanical, or
other device that is attached to or in the possession of the employee. Because
interception of an oral communication between a retail business employee and a
customer of the retail business under these circumstances would not be covered by
the one-party consent exception, the person engaged in the interception would be
violating the prohibition against interception of an oral communications and, if
convicted, would be subject to the current penalties for the violation.
Under current law, a defendant charged with a crime must generally be tried
in the county in which the crime is committed. Current law also provides a number
of exceptions to this general rule. For example, if a crime entails the commission of
two or more acts, the defendant may be tried in any county in which any of the acts
occurred.
Under this bill, a defendant charged with any of the following crimes may be
tried in the defendant's county of residence, the victim's county of residence, or in any
other county where the trial may be held under current law: 1) defamation; 2) giving
false information for publication; 3) misappropriation of personal identifying
information or personal identification documents; 4) theft of trade secrets; 5) threats
to injure or accuse of crime; 6) threats to communicate derogatory information; 7)
financial transaction card crimes; 8) computer crimes; 9) tampering with public
records and notices; 10) unlawful use of telephone; and 11) unlawful use of
computerized communication systems.
Under current law, the University of Wisconsin System, a technical college
district board, a school board, and the governing body of a private school are
prohibited from assigning to any student an identification number that is identical
to or incorporates the student's social security number.
Beginning January 1, 2003, this bill extends this prohibition to private
institutions of higher education located in this state.
This bill also requires each school board, private school, technical college
district board, institution and two-year collegiate campus of the University of
Wisconsin System, private institution of higher education, and professional athletic
team that has its home field or arena in this state to adopt a written policy on who
may enter and remain in a locker room used by the school or team to interview or seek
information from any person. The policy must reflect the privacy interests of the
members of the teams representing the school or the professional athletic team.
The bill also provides that whenever a bill is introduced in either house of the
legislature that would have an impact upon personal privacy, any standing
committee to which the bill is referred must not hold a public hearing on the bill or
report the bill until a privacy impact statement is prepared and received. The
statement is prepared by one or more state agencies or authorities, as determined
by the department of administration. The statement describes the impact upon
personal privacy that would result from enactment of the bill and analyzes the
desirability of that impact from the standpoint of public policy. The bill also permits
either house of the legislature, under rules of that house or joint rules, to request the
department of administration to order the preparation of a privacy impact statement
with respect to any bill before that house, either in its original form or as affected by
one or more amendments.
Under the bill, a bill has an impact on personal privacy if the bill would:
1. Provide for the creation of additional personally identifiable information
that is not readily available to the public at the time the bill is introduced;
2. Create an activity that would constitute an intrusion upon the privacy of an
individual, or alter an activity in such a way as to create such an intrusion;
3. Use the name, picture, or likeness of an individual without the consent of the
individual, or the consent of the individual's parent or guardian if the individual is
a minor; or
4. Permit or cause publicity to be given to the private life of an individual.
This bill prohibits a person who sells motor fuel from doing so by the use of a
pump that allows a purchaser to insert a credit card or debit if the pump issues a
receipt that contains more than the last four digits of the credit card or debit number.
Finally, this bill creates an individual income tax and corporate income tax and
franchise tax credit for training related to information technology. The bill requires
that the information technology training include training in privacy rights and
information policy. The credit is an amount equal to 50% of the amount that a
claimant pays for the claimant or the claimant's spouse, dependent, or employee to
receive training related to information technology. The credit is nonrefundable. If
the amount of the credit exceeds the claimant's tax liability, the state will not issue
a refund check, but the claimant may carry forward any remaining credit to
subsequent taxable years. A claimant who receives the credit, however, must pay
back the amount of the credit if the individual who receives the training is not
employed in this state in an occupation related to information technology within one
year after the individual completes the training or if the individual is employed in
that occupation for less than one year.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB459, s. 1
1Section
1. 13.0991 of the statutes is created to read:
AB459,7,2
213.0991 Privacy impact statements. (1) In this section:
AB459,7,33
(a) "Authority" means a body created under ch. 231, 232, 233, 234, or 235.
AB459,7,54
(b) "Impact upon personal privacy" means that a bill would do one or more of
5the following:
AB459,8,2
11. Provide for the creation of additional personally identifiable information
2that is not readily available to the public at the time the bill is introduced.
AB459,8,43
2. Create an activity that would constitute an intrusion upon the privacy of an
4individual, or alter an activity in such a way as to create such an intrusion.
AB459,8,75
3. Use the name, picture, or likeness of an individual without the consent of the
6individual, or the consent of the individual's parent or guardian if the individual is
7a minor.
AB459,8,88
4. Permit or cause publicity to be given to the private life of an individual.
AB459,8,109
(c) "Personally identifiable information" has the meaning given under s. 19.62
10(5).
AB459,8,1511
(d) "State agency" means an office, department, independent agency,
12institution of higher education, association, society, or other body in state
13government created or authorized to be created by the constitution or any law, which
14is entitled to expend moneys appropriated by law, including the legislature and the
15courts, but not including an authority.
AB459,8,18
16(2) (a) Whenever a bill is introduced in either house of the legislature that
17would have an impact upon personal privacy, the legislative reference bureau shall
18promptly transmit a copy of the bill to the department of administration.
AB459,8,2419
(b) Either house of the legislature may, under rules of that house or joint rules
20of the legislature, request the department of administration to order the preparation
21of a privacy impact statement with respect to any bill before that house, either in its
22original form or as affected by one or more amendments. If a house so requests, the
23chief clerk of that house shall thereupon transmit a copy of that bill and any affected
24amendments to the department of administration.
AB459,9,5
1(3) Upon receipt of a bill under sub. (2), the department of administration shall
2direct one or more state agencies or authorities to prepare a privacy impact
3statement with respect to that bill. Each privacy impact statement shall describe the
4impact upon personal privacy that would result from enactment of the bill and
5analyze the desirability of that impact from the standpoint of public policy.
AB459,9,8
6(4) Each state agency or authority receiving a bill under sub. (3) shall provide
7the statement required under sub. (3) to the department of administration within 15
8days after the department's directive.
AB459,9,13
9(5) Upon receiving a privacy impact statement under sub. (4), the department
10of administration shall provide one copy to the legislative reference bureau, one copy
11to the principal author of the bill, and one copy to the chief clerk of the house of the
12legislature in which the bill originated. The chief clerk shall thereupon distribute
13the statement in the same manner as amendments to the bill are distributed.
AB459,9,18
14(6) Whenever a bill requires preparation of a privacy impact statement under
15this section, the legislative reference bureau shall include a notation to that effect
16on the jacket of the bill when the jacket is prepared. If the preparation of a privacy
17impact statement is requested by a house of the legislature, the chief clerk of that
18house shall include a notation to that effect on the jacket of the bill.
AB459,9,22
19(7) Whenever a privacy impact statement is required or requested for any bill
20under this section, a standing committee to which the bill is referred may not hold
21a public hearing on the bill or report the bill until the statement is received by the
22chief clerk of the house in which the bill originated.
AB459, s. 2
23Section
2. 19.36 (10) of the statutes is created to read:
AB459,9,2524
19.36
(10) Social security account numbers. (a) Except as provided in par.
25(b), if a new record containing a social security account number of an individual,
1together with information revealing the identity of that individual, is kept by an
2authority after December 31, 2002, or if a record in the custody of an authority is
3modified to insert the social security account number of an individual after December
431, 2002, and the record contains information revealing the identity of that
5individual, the authority shall delete the social security account number before
6permitting access to the record, unless the requester is specifically authorized by
7federal or state law to have access to the social security account number.
AB459,10,108
(b) Unless otherwise provided by federal or state law, including common law
9principles, a requester may have access to a record containing the social security
10account number of an individual if any of the following applies:
AB459,10,1611
1. The requester is an individual and the record pertains to that requester
12alone, to the marital or parental rights or responsibilities of that requester and his
13or her spouse or former spouse, to property of that requester held jointly or in
14common tenancy with one or more other individuals, or to a civil legal action or
15proceeding in which the requester is a specifically named party, and the requester
16provides appropriate identification to the custodian.
AB459,10,2017
2. The requester is an authorized representative of an insurer or an
18organization that performs investigations for insurers and the social security
19account number is relevant to an investigation of suspected, anticipated, or actual
20insurance fraud.
AB459, s. 3
21Section
3. 19.37 (4) of the statutes is renumbered 19.37 (4) (a).
AB459, s. 4
22Section
4. 19.37 (4) (b) and (c) of the statutes are created to read:
AB459,11,223
19.37
(4) (b) If any person misrepresents his or her identity for the purpose of
24obtaining access to the social security account number of another individual under
25s. 19.36 (10) (b) 1., the person may be required to forfeit not more than $1,000 for each
1social security account number obtained by the person by means of such
2misrepresentation.
AB459,11,73
(c) If an insurer or other person obtains a social security account number under
4s. 19.36 (10) (b) 2. and uses that number for purposes other than an investigation as
5provided in s. 19.36 (10) (b) 2., the person may be required to forfeit not more than
6$1,000 for each social security account number used by the person for such
7unauthorized purposes.
AB459, s. 5
8Section
5. 36.11 (35) (title) of the statutes is renumbered 36.32 (title).
AB459, s. 6
9Section
6. 36.11 (35) of the statutes is renumbered 36.32 (2) and amended to
10read:
AB459,11,1911
36.32
(2) The board An institution of higher education may assign to each
12student enrolled in the
system institution a unique identification number.
The board 13An institution of higher education shall not assign to any student an identification
14number that is identical to or incorporates the student's social security number. This
15subsection does not prohibit
the board an institution of higher education from
16requiring a student to disclose his or her social security number, nor from using a
17student's social security number if such use is required by a federal or state agency
18or private organization in order for the system or the student to participate in a
19particular program.
AB459, s. 7
20Section
7. 36.32 (1) of the statutes is created to read:
AB459,11,2421
36.32
(1) In this section, "institution of higher education" means an institution
22within the system, or a private educational institution located in this state that
23awards a bachelor's or higher degree or provides a program that is acceptable toward
24such a degree.
AB459, s. 8
25Section
8. 36.38 of the statutes is created to read:
AB459,12,6
136.38 Policy on privacy in athletic locker rooms. Each institution and
2college campus shall adopt a written policy on who may enter and remain, to
3interview or seek information from any person, in a locker room being used by an
4athletic team representing the institution or college campus. The policy shall reflect
5the privacy interests of members of athletic teams representing the institution or
6college campus.
AB459, s. 9
7Section
9. 38.12 (12) of the statutes is created to read:
AB459,12,128
38.12
(12) Policy on privacy in athletic locker rooms. The district board shall
9adopt a written policy on who may enter and remain, to interview or seek information
10from any person, in a locker room being used by an athletic team representing the
11district. The policy shall reflect the privacy interests of members of athletic teams
12representing the district.
AB459, s. 10
13Section
10. 39.49 of the statutes is created to read:
AB459,12,18
1439.49 Policy on privacy in athletic locker rooms. (1) In this section,
15"institution of higher education" means a private educational institution that
16awards a bachelor's or higher degree or provides a program that is acceptable for
17credit toward such a degree, and that fields an athletic team that represents the
18institution.
AB459,12,23
19(2) Each institution of higher education shall adopt a written policy on who
20may enter and remain, to interview or seek information from any person, in a locker
21room being used by an athletic team representing the institution. The policy shall
22reflect the privacy interests of members of athletic teams representing the
23institution.
AB459, s. 11
24Section 11. 59.20 (3) (d) of the statutes is amended to read:
AB459,13,4
159.20
(3) (d) Any register of deeds who in good faith makes an erroneous
2determination as to the accessibility of a portion of a record
, to members of the public
3under s. 19.36 (6)
, is not subject to any penalty for denial of access to the record under
4s. 19.37 (4)
(a).
AB459, s. 12
5Section
12. 71.05 (6) (a) 15. of the statutes is amended to read:
AB459,13,106
71.05
(6) (a) 15. The amount of the credits computed under s. 71.07 (2dd), (2de),
7(2di), (2dj), (2dL), (2dr), (2ds), (2dx)
and, (3s)
, and (5s) and not passed through by a
8partnership, limited liability company or tax-option corporation that has added that
9amount to the partnership's, company's or tax-option corporation's income under s.
1071.21 (4) or 71.34 (1) (g).
AB459, s. 13
11Section
13. 71.07 (5s) of the statutes is created to read:
AB459,13,1212
71.07
(5s) Information technology training credit. (a) In this subsection:
AB459,13,1513
1. "Claimant" means an individual, a sole proprietor, a partner, a member of
14a limited liability company, or a shareholder of a tax-option corporation who files a
15claim under this subsection.
AB459,13,1616
2. "Information technology" has the meaning given in s. 16.97 (6).
AB459,13,1817
3. "Information technology training" means training in information technology
18that also includes training in privacy rights and information policy.
AB459,13,2019
4. "Qualified institution" means any university, college, technical college, or
20school approved under s. 45.54.
AB459,13,2521
(b) Subject to the limitations provided in this subsection, a claimant may claim
22as a credit against the tax imposed under s. 71.02, up to the amount of those taxes,
23an amount equal to 50% of the amount that the claimant paid during the taxable year
24for the claimant or the claimant's spouse, dependent, or employee to receive
25information technology training at a qualified institution.
AB459,14,3
1(c) The amount of the credit for each claimant under this subsection shall not
2exceed $2,500 in a taxable year for each individual for whom the claimant pays an
3amount as provided in par. (b).
AB459,14,64
(d) A claimant who receives a credit under par. (b) shall add to the claimant's
5liability for taxes imposed under s. 71.02 an amount that is equal to the total amount
6of the credits received under par. (b), if any of the following occur:
AB459,14,97
1. The individual who received the training as specified under par. (b) is not
8employed in this state in an occupation related to information technology within one
9year after the individual completes the training.
AB459,14,1210
2. The individual who received the training as specified under par. (b) is
11employed in this state in an occupation related to information technology for less
12than one year.
AB459,14,1513
(e) A claimant may not claim the credit under par. (b) for any amounts that the
14claimant excluded under s. 71.05 (6) (b) 28. or under section
127 of the Internal
15Revenue Code.