AB459: Bill Text

AB459,16,15 (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).

AB459,16,18 (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:

AB459,16,21 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.

AB459,16,24 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.

AB459,17,2 (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.

AB459,17,4 (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.

AB459,17,12 (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.

AB459,17,14 (h) Subsection (4) (g) and (h), as it applies to the credit under sub. (4), applies to the credit under this subsection.

AB459, s. 18 Section 18. 71.30 (3) (eon) of the statutes is created to read:

AB459,17,16 71.30 (3) (eon) Information technology training credit under s. 71.28 (5s).

AB459, s. 19 Section 19. 71.34 (1) (g) of the statutes is amended to read:

AB459,17,20 71.34 (1) (g) An addition shall be made for credits computed by a tax-option corporation under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1ds), (1dx) and, (3), and (5s) and passed through to shareholders.

AB459, s. 20 Section 20. 71.45 (2) (a) 10. of the statutes is amended to read:

AB459,18,2 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).

AB459, s. 21 Section 21. 71.47 (5s) of the statutes is created to read:

AB459,18,4 71.47 (5s) Information technology training credit. (a) In this subsection:

AB459,18,5 1. "Claimant" means a corporation that files a claim under this subsection.

AB459,18,6 2. "Information technology" has the meaning given in s. 16.97 (6).

AB459,18,8 3. "Information technology training" means training in information technology that also includes training in privacy rights and information policy.

AB459,18,10 4. "Qualified institution" means any university, college, technical college, or school approved under s. 45.54.

AB459,18,14 (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.

AB459,18,17 (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).

AB459,18,20 (d) A claimant who receives a credit under par. (b) shall add to the claimant's liability for taxes imposed under s. 71.43 an amount that is equal to the total amount of the credits received under par. (b), if any of the following occur:

AB459,18,23 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.

AB459,19,3 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.

AB459,19,5 (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.

AB459,19,7 (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.

AB459,19,15 (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.

AB459,19,17 (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.

AB459, s. 22 Section 22. 71.49 (1) (eon) of the statutes is created to read:

AB459,19,19 71.49 (1) (eon) Information technology training credit under s. 71.47 (5s).

AB459, s. 23 Section 23. 77.92 (4) of the statutes is amended to read:

AB459,20,10 77.92 (4) "Net business income", with respect to a partnership, means taxable income as calculated under section 703 of the Internal Revenue Code; plus the items of income and gain under section 702 of the Internal Revenue Code, including taxable state and municipal bond interest and excluding nontaxable interest income or dividend income from federal government obligations; minus the items of loss and deduction under section 702 of the Internal Revenue Code, except items that are not deductible under s. 71.21; plus guaranteed payments to partners under section 707 (c) of the Internal Revenue Code; plus the credits claimed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dr), (2ds), (2dx) and, (3s), and (5s) and plus or minus, as appropriate, transitional adjustments, depreciation differences and basis differences under s. 71.05 (13), (15), (16), (17) and (19); but excluding income, gain, loss and deductions from farming. "Net business income", with respect to a natural person, estate or trust, means profit from a trade or business for federal income tax purposes and includes net income derived as an employe as defined in section 3121 (d) (3) of the Internal Revenue Code.

AB459, s. 24 Section 24. 100.264 (2) (intro.) of the statutes is amended to read:

AB459,20,19 100.264 (2) Supplemental forfeiture. (intro.) If a fine or a forfeiture is imposed on a person for a violation under s. 100.16, 100.17, 100.18, 100.182, 100.183, 100.20, 100.205, 100.207, 100.21, 100.30 (3), 100.35, 100.44 or, 100.46, or 100.52 or a rule promulgated under one of those sections, the person shall be subject to a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the defendant, for which the violation was imposed, was perpetrated against an elderly person or disabled person and if the court finds that any of the following factors is present:

AB459, s. 25 Section 25. 100.52 of the statutes is created to read:

AB459,20,21 100.52 Telephone solicitations. (1) Definitions. In this section:

AB459,20,24 (a) "Automatic telephone dialing system" means equipment that has the capacity to store or produce telephone numbers that are called using a random or sequential number generator and to call such telephone numbers.

AB459,20,25 (b) "Basic local exchange service" has the meaning in s. 196.01 (1g).

AB459,21,3 (c) "Blocking service" means a service that allows a person who makes a telephone call to withhold his or her telephone number or name from a person who receives the telephone call and who uses a caller identification service.

AB459,21,6 (d) "Caller identification service" means a service that allows a person who receives a telephone call to identify the telephone number or name of the person making the telephone call.

AB459,21,8 (e) "Residential customer" means an individual who is furnished with basic local exchange service by a telecommunications utility.

AB459,21,9 (f) "Telecommunications utility" has the meaning given in s. 196.01 (10).

AB459,21,12 (g) "Telephone directory" means the telephone directory distributed to the general public by a telecommunications utility that furnishes basic local exchange service to a residential customer.

AB459,21,16 (2) Directory listing. (a) Upon a request by a residential customer, a telecommunications utility furnishing basic local exchange service to the residential customer shall include in its telephone directory a listing or symbol indicating that the residential customer does not want to receive any telephone solicitation.

AB459,21,23 (b) A telecommunications utility may impose a onetime charge applicable to a change in a telephone directory for a listing or symbol requested under par. (a). A charge under this paragraph may not exceed the cost incurred by a telecommunications utility in making a change to a telephone directory. Upon a complaint filed by residential customer, the department may investigate whether a charge by a telecommunications utility violates this paragraph and may order a telecommunications utility to impose a charge that complies with this paragraph.

AB459,22,2 (c) A person may not make a telephone solicitation to a residential customer if a telephone directory in effect at the time of the telephone solicitation includes a listing or symbol indicating that the residential customer does not want to receive any telephone solicitation.

AB459,22,5 (3) Automatic dialing. No person may, in making a telephone solicitation, use an automatic telephone dialing system in such a way that 2 or more telephone lines are engaged simultaneously.

AB459,22,7 (4) Blocking services. No person may use a blocking service when making a telephone solicitation.

AB459,22,10 (6) Enforcement. The department shall investigate violations of this section and may bring an action for temporary or permanent injunctive or other relief for any violation of this section.

AB459,22,12 (7) Penalties. (a) Except as provided in par. (b), a person who violates this section may be required to forfeit not more than $500.

AB459,22,14 (b) A person who violates sub. (2) (c) may be required to forfeit not more than $10,000.

AB459,22,17 (8) Territorial application. This section applies to any interstate telephone solicitation received by a person in this state and any intrastate telephone solicitation.

AB459, s. 26 Section 26. 118.39 of the statutes is created to read:

AB459,22,25 118.39 Policy on privacy in athletic locker rooms. Each school board, and the governing body of each private school that fields an athletic team representing the school, 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 private school or representing a public school in the school district. The policy shall reflect the privacy interests of members of athletic teams representing the school.

AB459, s. 27 Section 27. 134.72 (title) of the statutes is amended to read:

AB459,23,3 134.72 (title) Prohibition of certain unsolicited messages by telephone or facsimile machine.

AB459, s. 28 Section 28. 134.72 (1) (c) of the statutes is renumbered 100.52 (1) (h).

AB459, s. 29 Section 29. 134.72 (2) (a) of the statutes is renumbered 100.52 (5).

AB459, s. 30 Section 30. 134.72 (2) (b) (title) of the statutes is repealed.

AB459, s. 31 Section 31. 134.72 (2) (b) of the statutes is renumbered 134.72 (2), and 134.72 (2) (b), as renumbered, is amended to read:

AB459,23,12 134.72 (2) (b) Notwithstanding subd. 1. par. (a), a person may not make a facsimile solicitation to a person who has notified the facsimile solicitor in writing or by facsimile transmission that the person does not want to receive facsimile solicitation.

AB459, s. 32 Section 32. 134.72 (3) (a) of the statutes is amended to read:

AB459,23,15 134.72 (3) (a) Intrastate. This section applies to any intrastate telephone solicitation or intrastate facsimile solicitation.

AB459, s. 33 Section 33. 134.72 (3) (b) of the statutes is amended to read:

AB459,23,18 134.72 (3) (b) Interstate. This section applies to any interstate telephone solicitation, or interstate facsimile solicitation, received by a person in this state.

AB459, s. 34 Section 34. 134.72 (4) of the statutes is amended to read:

AB459,23,21 134.72 (4) Penalty. A person who violates this section may be required to forfeit up to not more than $500.

AB459, s. 35 Section 35. 134.92 of the statutes is created to read:

AB459,24,2 134.92 Motor fuel purchases with the use of a credit or debit card. No person may sell motor fuel dispensed at a pump at which the purchaser may make payment for the motor fuel by the insertion of a credit or debit card unless no more than the last 4 digits of the credit or debit card number are displayed on any receipt issued automatically from the pump.

AB459, s. 36 Section 36. 138.25 of the statutes is created to read:

AB459,24,4 138.25 Credit card records. (1) Definitions. In this section:

AB459,24,6 (a) "Affiliate," when used in relation to any person, means a company that controls, is controlled by, or is under common control with the person.

AB459,24,7 (b) "Cardholder" has the meaning given in s. 943.41 (1) (b).

AB459,24,8 (c) "Consumer report" has the meaning given in 15 USC 1681a (d).

AB459,24,9 (d) "Consumer reporting agency" has the meaning given in 15 USC 1681a (f).

AB459,24,10 (e) "Fair Credit Reporting Act" means 15 USC 1681 to 1681u, as amended.

AB459,24,11 (f) "Financial transaction card" has the meaning given in s. 943.41 (1) (em).

AB459,24,15 (2) Disclosure prohibited. Except as provided in sub. (3), a person may not disclose to another person, for money or anything else of value, any information or data about a cardholder who is a resident of this state that is obtained by the person from financial transaction card transaction records.

AB459,24,17 (3) Exceptions. A person may disclose information about a cardholder if any of the following apply:

AB459,24,20 (a) The disclosure is made to a consumer reporting agency for purposes of a consumer report or by a consumer reporting agency as authorized under the Fair Credit Reporting Act.

AB459,24,25 (b) The disclosure is made to an affiliate of the person making the disclosure. The affiliate may not disclose any information received pursuant to this paragraph to a person other than the person who initially disclosed the information to the affiliate, unless the person who initially disclosed the information to the affiliate is permitted to make the disclosure under this subsection.

AB459,25,5 (c) If the issuer of the financial transaction card is a retailer, the disclosure is made to or by contractors or agents of the issuer for the purposes of performing functions for or on behalf of the issuer. The contractor or agent may not disclose any information received pursuant to this paragraph to a person other than the issuer, unless the issuer is permitted to make the disclosure under this subsection.

AB459,25,8 (4) Forfeiture. A person who violates sub. (2) may be required to forfeit not more than $10,000 for each violation. Each disclosure of information or data about one cardholder constitutes a separate violation.

AB459,25,11 (5) Injunction. The department of justice may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any act or practice constituting a violation of sub. (2).

AB459, s. 37 Section 37. 146.833 of the statutes is created to read:

AB459,25,19 146.833 Use of social security numbers prohibited. A health care provider may not use for any patient an identification number that is identical to or incorporates the patient's social security number. This section does not prohibit the health care provider from requiring a patient to disclose his or her social security number, or from using a patient's social security number if that use is required by a federal or state agency in order for the patient to participate in a particular program.

AB459, s. 38 Section 38. 175.22 of the statutes is created to read:

AB459,25,25 175.22 Policy on privacy for professional athletic teams. Any professional athletic team that has its home field or arena in this state shall adopt a written policy on who may enter and remain, to interview or seek information from any person, in a locker room used by the professional athletic team. The policy shall reflect the privacy interests of members of the professional athletic team.