Amendment AA125-ASA1-SB55

SB55-ASA1-AA125,2,20 (b) Either house of the legislature may, under rules of that house or joint rules of the legislature, 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. If a house so requests, the chief clerk of that house shall thereupon transmit a copy of that bill and any affected amendments to the department of administration.

SB55-ASA1-AA125,2,25 (3) Upon receipt of a bill under sub. (2), the department of administration shall direct one or more state agencies or authorities to prepare a privacy impact statement with respect to that bill. Each privacy impact statement shall describe the impact upon personal privacy that would result from enactment of the bill and analyze the desirability of that impact from the standpoint of public policy.

SB55-ASA1-AA125,3,3 (4) Each state agency or authority receiving a bill under sub. (3) shall provide the statement required under sub. (3) to the department of administration within 15 days after the department's directive.

SB55-ASA1-AA125,3,8 (5) Upon receiving a privacy impact statement under sub. (4), the department of administration shall provide one copy to the legislative reference bureau, one copy to the principal author of the bill, and one copy to the chief clerk of the house of the legislature in which the bill originated. The chief clerk shall thereupon distribute the statement in the same manner as amendments to the bill are distributed.

SB55-ASA1-AA125,3,13 (6) Whenever a bill requires preparation of a privacy impact statement under this section, the legislative reference bureau shall include a notation to that effect on the jacket of the bill when the jacket is prepared. If the preparation of a privacy impact statement is requested by a house of the legislature, the chief clerk of that house shall include a notation to that effect on the jacket of the bill.

SB55-ASA1-AA125,3,17 (7) Whenever a privacy impact statement is required or requested for any bill under this section, a standing committee to which the bill is referred may not hold a public hearing on the bill or report the bill until the statement is received by the chief clerk of the house in which the bill originated.".

SB55-ASA1-AA125,3,18 2. Page 93, line 9: after that line insert:

SB55-ASA1-AA125,3,19 " Section 383m. 19.36 (10) of the statutes is created to read:

SB55-ASA1-AA125,4,4 19.36 (10) Social security account numbers. (a) Except as provided in par. (b), if a new record containing a social security account number of an individual, together with information revealing the identity of that individual, is kept by an authority after December 31, 2002, or if a record in the custody of an authority is modified to insert the social security account number of an individual after December 31, 2002, and the record contains information revealing the identity of that individual, the authority shall delete the social security account number before permitting access to the record, unless the requester is specifically authorized by federal or state law to have access to the social security account number.

SB55-ASA1-AA125,4,7 (b) Unless otherwise provided by federal or state law, including common law principles, a requester may have access to a record containing the social security account number of an individual if any of the following applies:

SB55-ASA1-AA125,4,13 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 property of that requester held jointly or in common tenancy with one or more other individuals, or to a civil legal action or proceeding in which the requester is a specifically named party, and the requester provides appropriate identification to the custodian.

SB55-ASA1-AA125,4,17 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.

SB55-ASA1-AA125, s. 383n Section 383n. 19.37 (4) of the statutes is renumbered 19.37 (4) (a).

SB55-ASA1-AA125, s. 383o Section 383o. 19.37 (4) (b) and (c) of the statutes are created to read:

SB55-ASA1-AA125,4,24 19.37 (4) (b) If any person misrepresents his or her identity for the purpose of obtaining access to the social security account number of another individual under s. 19.36 (10) (b) 1., the person may be required to forfeit not more than $1,000 for each social security account number obtained by the person by means of such misrepresentation.

SB55-ASA1-AA125,5,5 (c) If an insurer or other person obtains a social security account number under s. 19.36 (10) (b) 2. and uses that number for purposes other than an investigation as provided in s. 19.36 (10) (b) 2., the person may be required to forfeit not more than $1,000 for each social security account number used by the person for such unauthorized purposes.".

SB55-ASA1-AA125,5,6 3. Page 514, line 6: after that line insert:

SB55-ASA1-AA125,5,7 " Section 1349rm. 36.11 (35) (title) of the statutes is renumbered 36.32 (title).

SB55-ASA1-AA125, s. 1349rn Section 1349rn. 36.11 (35) of the statutes is renumbered 36.32 (2) and amended to read:

SB55-ASA1-AA125,5,18 36.32 (2) The board An institution of higher education may assign to each student enrolled in the system institution a unique identification number. The board An institution of higher education shall not assign to any student an identification number that is identical to or incorporates the student's social security number. This subsection does not prohibit the board an institution of higher education from requiring a student to disclose his or her social security number, nor from using a student's social security number if such use is required by a federal or state agency or private organization in order for the system or the student to participate in a particular program.".

SB55-ASA1-AA125,5,19 4. Page 519, line 12: after that line insert:

SB55-ASA1-AA125,5,20 " Section 1362m. 36.32 (1) of the statutes is created to read:

SB55-ASA1-AA125,5,24 36.32 (1) In this section, "institution of higher education" means an institution within the system, or a private educational institution located in this state that awards a bachelor's or higher degree or provides a program that is acceptable toward such a degree.

SB55-ASA1-AA125, s. 1362n Section 1362n. 36.38 of the statutes is created to read:

SB55-ASA1-AA125,6,7 36.38 Policy on privacy in athletic locker rooms. Each institution and college campus shall adopt a written policy on who may enter and remain, to interview or seek information from any person, in a locker room being used by an athletic team representing the institution or college campus. The policy shall reflect the privacy interests of members of athletic teams representing the institution or college campus.".

SB55-ASA1-AA125,6,8 5. Page 520, line 9: after that line insert:

SB55-ASA1-AA125,6,9 " Section 1370m. 38.12 (12) of the statutes is created to read:

SB55-ASA1-AA125,6,14 38.12 (12) Policy on privacy in athletic locker rooms. The district board shall adopt a written policy on who may enter and remain, to interview or seek information from any person, in a locker room being used by an athletic team representing the district. The policy shall reflect the privacy interests of members of athletic teams representing the district.".

SB55-ASA1-AA125,6,15 6. Page 524, line 3: after that line insert:

SB55-ASA1-AA125,6,16 " Section 1384m. 39.50 of the statutes is created to read:

SB55-ASA1-AA125,6,21 39.50 Policy on privacy in athletic locker rooms. (1) In this section, "institution of higher education" means a private educational institution that awards a bachelor's or higher degree or provides a program that is acceptable for credit toward such a degree, and that fields an athletic team that represents the institution.

SB55-ASA1-AA125,7,2 (2) Each institution of higher education shall adopt a written policy on who may enter and remain, to interview or seek information from any person, in a locker room being used by an athletic team representing the institution. The policy shall reflect the privacy interests of members of athletic teams representing the institution.".

SB55-ASA1-AA125,7,3 7. Page 660, line 5: after that line insert:

SB55-ASA1-AA125,7,4 " Section 1994m. 59.20 (3) (d) of the statutes is amended to read:

SB55-ASA1-AA125,7,8 59.20 (3) (d) Any register of deeds who in good faith makes an erroneous determination as to the accessibility of a portion of a record, to members of the public under s. 19.36 (6), is not subject to any penalty for denial of access to the record under s. 19.37 (4) (a).".

SB55-ASA1-AA125,7,9 8. Page 728, line 20: delete "and (3s)" and substitute "(3s), and (5s)".

SB55-ASA1-AA125,7,10 9. Page 735, line 20: after that line insert:

SB55-ASA1-AA125,7,11 " Section 2148m. 71.07 (5s) of the statutes is created to read:

SB55-ASA1-AA125,7,12 71.07 (5s) Information technology training credit. (a) In this subsection:

SB55-ASA1-AA125,7,15 1. "Claimant" means an individual, a sole proprietor, a partner, a member of a limited liability company, or a shareholder of a tax-option corporation who files a claim under this subsection.

SB55-ASA1-AA125,7,16 2. "Information technology" has the meaning given in s. 16.97 (6).

SB55-ASA1-AA125,7,18 3. "Information technology training" means training in information technology that also includes training in privacy rights and information policy.

SB55-ASA1-AA125,7,20 4. "Qualified institution" means any university, college, technical college, or school approved under s. 45.54.

SB55-ASA1-AA125,8,2 (b) Subject to the limitations provided in this subsection, a claimant may claim as a credit against the tax imposed under s. 71.02, up to the amount of those taxes, an amount equal to 50% of the amount that the claimant paid during the taxable year for the claimant or the claimant's spouse, dependent, or employee to receive information technology training at a qualified institution.

SB55-ASA1-AA125,8,5 (c) The amount of the credit for each claimant under this subsection shall not exceed $2,500 in a taxable year for each individual for whom the claimant pays an amount as provided in par. (b).

SB55-ASA1-AA125,8,8 (d) A claimant who receives a credit under par. (b) shall add to the claimant's liability for taxes imposed under s. 71.02 an amount that is equal to the total amount of the credits received under par. (b), if any of the following occur:

SB55-ASA1-AA125,8,11 1. The individual who received the training as specified under par. (b) is not employed in this state in an occupation related to information technology within one year after the individual completes the training.

SB55-ASA1-AA125,8,14 2. The individual who received the training as specified under par. (b) is employed in this state in an occupation related to information technology for less than one year.

SB55-ASA1-AA125,8,17 (e) A claimant may not claim the credit under par. (b) for any amounts that the claimant excluded under s. 71.05 (6) (b) 28. or under section 127 of the Internal Revenue Code.

SB55-ASA1-AA125,8,19 (f) The carry-over provisions of s. 71.28 (4) (e) and (f), as they apply to the credit under s. 71.28 (4), apply to the credit under this subsection.

SB55-ASA1-AA125,9,2 (g) Partnerships, limited liability companies, and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and the amount of, the credit are based on their payment of the amount under par. (b). A partnership, limited liability company, or tax-option corporation shall compute the amount of credit that each of its partners, members, or shareholders may claim and shall provide that information to each of them. Partners, members of limited liability companies, and shareholders of tax-option corporations may claim the credit in proportion to their ownership interest.

SB55-ASA1-AA125,9,4 (h) Section 71.28 (4) (g) and (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection.".

SB55-ASA1-AA125,9,5 10. Page 738, line 6: after that line insert:

SB55-ASA1-AA125,9,6 " Section 2153d. 71.10 (4) (gv) of the statutes is created to read:

SB55-ASA1-AA125,9,7 71.10 (4) (gv) Information technology training credit under s. 71.07 (5s).".

SB55-ASA1-AA125,9,8 11. Page 741, line 22: delete "and (3s)" and substitute "(3s), and (5s)".

SB55-ASA1-AA125,9,10 12. Page 769, line 1: delete "and (3g) (1dx)" and substitute "(1dx), (3g), and (5s)".

SB55-ASA1-AA125,9,11 13. Page 798, line 22: after that line insert:

SB55-ASA1-AA125,9,12 " Section 2179m. 71.28 (5s) of the statutes is created to read:

SB55-ASA1-AA125,9,13 71.28 (5s) Information technology training credit. (a) In this subsection:

SB55-ASA1-AA125,9,14 1. "Claimant" means a corporation that files a claim under this subsection.

SB55-ASA1-AA125,9,15 2. "Information technology" has the meaning given in s. 16.97 (6).

SB55-ASA1-AA125,9,17 3. "Information technology training" means training in information technology that also includes training in privacy rights and information policy.

SB55-ASA1-AA125,9,19 4. "Qualified institution" means any university, college, technical college, or school approved under s. 45.54.

SB55-ASA1-AA125,9,23 (b) Subject to the limitations provided in this subsection, a claimant may claim as a credit against the tax imposed under s. 71.23 an amount equal to 50% of the amount that the claimant paid during the taxable year for an employee to receive information technology training at a qualified institution.

SB55-ASA1-AA125,10,3 (c) The amount of the credit for each claimant under this subsection shall not exceed $2,500 in a taxable year for each employee for whom the claimant pays an amount as provided in par. (b).

SB55-ASA1-AA125,10,6 (d) A claimant who receives a credit under par. (b) shall add to the claimant's liability for taxes imposed under s. 71.23 an amount that is equal to the total amount of the credits received under par. (b), if any of the following occur:

SB55-ASA1-AA125,10,9 1. The employee who received the training as specified under par. (b) is not employed in this state in an occupation related to information technology within one year after the employee completes the training.

SB55-ASA1-AA125,10,12 2. The employee who received the training as specified under par. (b) is employed in this state in an occupation related to information technology for less than one year.

SB55-ASA1-AA125,10,14 (e) A claimant may not claim the credit under par. (b) for any amounts that the claimant has excluded under section 127 of the Internal Revenue Code.

SB55-ASA1-AA125,10,16 (f) The carry-over provisions of sub. (4) (e) and (f), as they apply to the credit under sub. (4), apply to the credit under this subsection.

SB55-ASA1-AA125,10,24 (g) Partnerships, limited liability companies, and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and the amount of, the credit are based on their payment of the amount under par. (b). A partnership, limited liability company, or tax-option corporation shall compute the amount of credit that each of its partners, members, or shareholders may claim and shall provide that information to each of them. Partners, members of limited liability companies, and shareholders of tax-option corporations may claim the credit in proportion to their ownership interest.

SB55-ASA1-AA125,11,2 (h) Subsection (4) (g) and (h), as it applies to the credit under sub. (4), applies to the credit under this subsection.".

SB55-ASA1-AA125,11,3 14. Page 799, line 2: after that line insert:

SB55-ASA1-AA125,11,4 " Section 2181m. 71.30 (3) (eop) of the statutes is created to read:

SB55-ASA1-AA125,11,5 71.30 (3) (eop) Information technology training credit under s. 71.28 (5s).".

SB55-ASA1-AA125,11,6 15. Page 799, line 6: delete "and (3g)" and substitute "(3g), and (5s)".

SB55-ASA1-AA125,11,7 16. Page 821, line 17: after that line insert:

SB55-ASA1-AA125,11,8 " Section 2184g. 71.45 (2) (a) 10. of the statutes is amended to read:

SB55-ASA1-AA125,11,14 71.45 (2) (a) 10. By adding to federal taxable income the amount of credit computed under s. 71.47 (1dd) to (1dx) and (5s) and not passed through by a partnership, limited liability company or tax-option corporation that has added that amount to the partnership's, limited liability company's or tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g) and the amount of credit computed under s. 71.47 (1), (3), (4) and (5).".

SB55-ASA1-AA125,11,15 17. Page 831, line 18: after that line insert:

SB55-ASA1-AA125,11,16 " Section 2193m. 71.47 (5s) of the statutes is created to read:

SB55-ASA1-AA125,11,17 71.47 (5s) Information technology training credit. (a) In this subsection:

SB55-ASA1-AA125,11,18 1. "Claimant" means a corporation that files a claim under this subsection.

SB55-ASA1-AA125,11,19 2. "Information technology" has the meaning given in s. 16.97 (6).

SB55-ASA1-AA125,11,21 3. "Information technology training" means training in information technology that also includes training in privacy rights and information policy.

SB55-ASA1-AA125,11,23 4. "Qualified institution" means any university, college, technical college, or school approved under s. 45.54.

SB55-ASA1-AA125,12,4 (b) Subject to the limitations provided in this subsection, a claimant may claim as a credit against the tax imposed under s. 71.43 an amount equal to 50% of the amount that the claimant paid during the taxable year for an employee to receive information technology training at a qualified institution.

SB55-ASA1-AA125,12,7 (c) The amount of the credit for each claimant under this subsection shall not exceed $2,500 in a taxable year for each employee for whom the claimant pays an amount as provided in par. (b).