SB 247-2_ Filed 02/19/2004, 08:19 Thompson


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 247 be amended to read as follows:

SOURCE: Page 1, line 1; (04)MO024702.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 4-1-11; (04)MO024702.1. -->     "SECTION 1. IC 4-1-11 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
     Chapter 11. Access to Identifying Information
    Sec. 1. This chapter applies only to a state agency.
    Sec. 2. As used in this chapter, "identifying information" means information that identifies a person, including any of the following:
        (1) Name.
        (2) Residence address.
        (3) Business address.
        (4) Photograph or computerized image.
        (5) Social Security number.
        (6) Federal tax identification number.
        (7) Federal employer identification number.
        (8) Driver's license number or identification document number.
        (9) Professional or occupational license, certification, or registration number.
    Sec. 3. As used in this chapter, "person" means an individual, a trust, a partnership, a corporation, or other legal entity.
    Sec. 4. As used in this chapter, "state agency" means every agency, board, commission, department, bureau, or other entity of the executive department of state government, except those that are the responsibility of the auditor of state, treasurer of state, secretary of state, attorney general, superintendent of public instruction, and excepting the department of state police, the Indiana criminal justice institute, and the state supported institutions of higher education.
    Sec. 5. Nothing in this chapter authorizes a state agency to disclose identifying information or any other information if the information is confidential under state or federal statute.
    Sec. 6. If a state agency publishes a person's identifying information on the Internet for the purpose of notifying any person that the person identified by the information is delinquent in paying a listed tax (as defined in IC 6-8.1-1-1) collected by the state or an obligation enforced by a state agency, the state agency must comply with this chapter.
    Sec. 7. Before a state agency may publish identifying information on the Internet as set forth in this chapter, the state agency shall adopt rules under IC 4-22-2 that do or include the following:
        (1) Establish standards for the state agency's determination to publish a person's identifying information on the Internet. The state agency shall establish standards for not publishing a person's identifying information on the Internet if the person is disputing the delinquency with the state agency and no final resolution of the dispute has been reached.
        (2) Establish standards for removing a person from the list not later than ten (10) days after the reason for being placed on the list has been finally resolved or is no longer relevant.
        (3) Establish a procedure for notifying the person that the person will be placed on the list if the person does not pay the delinquent listed tax or obligation or dispute the state agency's assertion that the person owes the delinquent listed tax or obligation.
        (4) Any provision to otherwise implement this chapter.
".
SOURCE: Page 3, line 41; (04)MO024702.3. -->     Page 3, after line 41, begin a new paragraph and insert:
SOURCE: ; (04)MO024702.4. -->     "SECTION 4. [EFFECTIVE UPON PASSAGE] Notwithstanding IC 6-8.1-3-16, as amended by this act, the department of state revenue or any other state agency may not publish identifying information (as defined by IC 4-1-11-3, as added by this act) on the
Internet until the department or the state agency complies with IC 4-1-11, as added by this act.

SOURCE: ; (04)MO024702.5. -->     SECTION 5. An emergency is declared for this act.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 247 as printed February 17, 2004.)

________________________________________

Representative Thompson


MO024702/DI 87     2004