SB 247-2_ Filed 02/19/2004, 08:19 Thompson
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
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
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
(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
(9) Professional or occupational license, certification, or
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
(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
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.)
MO024702/DI 87 2004