AB459: Bill Text

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.

AB459, s. 39 Section 39. Subchapter V of chapter 224 [precedes 224.991] of the statutes is created to read:

AB459,26,3 Chapter 224

AB459,26,5 Subchapter v consumer reporting agencies

AB459,26,6 224.991 Definitions. In this subchapter:

AB459,26,7 (1) "Consumer report" has the meaning given in 15 USC 1681a (d).

AB459,26,8 (2) "Consumer reporting agency" has the meaning given in 15 USC 1681a (f).

AB459,26,9 (3) "File" has the meaning given in 15 USC 1681a (g).

AB459,26,11 (4) "Investigative consumer report" has the meaning given in 15 USC 1681a (e).

AB459,26,13 (5) "Summary of rights" means the information a consumer reporting agency is required to provide under 15 USC 1681g (c).

AB459,26,17 224.993 Disclosure to individual. (1) In general. A consumer reporting agency shall, upon the written request of an individual, provide the individual with a written disclosure report within 5 business days after receiving the written request.

AB459,26,19 (2) Contents. Except as provided in sub. (4), the written disclosure report provided under sub. (1) shall contain all of the following:

AB459,26,20 (a) A current consumer report pertaining to the individual.

AB459,26,23 (b) The date of each request for credit information pertaining to the individual received by the consumer reporting agency during the 12 months before the date that the consumer reporting agency provides the written disclosure report.

AB459,27,3 (c) The name of each person requesting credit information pertaining to the individual during the 12 months before the date that the consumer reporting agency provides the written disclosure report.

AB459,27,5 (d) The dates, original payees, and amounts of any checks upon which any adverse characterization of the consumer is based.

AB459,27,6 (e) Any other information contained in the individual's file.

AB459,27,8 (f) A clear and concise explanation of the contents of the written disclosure report.

AB459,27,9 (g) A summary of rights.

AB459,27,13 (3) Cost. A consumer reporting agency shall provide the written disclosure report required under sub. (1) free of charge, unless the individual has requested a written disclosure report from the consumer reporting agency during the preceding 12 months.

AB459,27,15 (4) Exceptions. A consumer reporting agency may not disclose to an individual making a request under sub. (1) any of the following:

AB459,27,17 (a) The sources of any information that was both acquired solely for use in preparing an investigative consumer report and used for no other purpose.

AB459,27,18 (b) Any credit score or other risk score or predictor relating to the consumer.

AB459,27,22 (5) Penalty. Any person who violates this section may be fined not more than $500 for the first offense and may be fined not more than $1,000 or imprisoned for not more than 6 months or both for each subsequent offense occurring within 6 months.

AB459, s. 40 Section 40. 421.301 (13m) of the statutes is created to read:

AB459,28,3 421.301 (13m) "Cookie" means 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.

AB459, s. 41 Section 41. 422.422 of the statutes is created to read:

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.