LRB-1649/1
EVM:amn&kjf
2017 - 2018 LEGISLATURE
April 20, 2017 - Introduced by Senators Stroebel, Craig, Erpenbach, Kapenga,
LeMahieu, Tiffany, Vinehout and Wanggaard, cosponsored by
Representatives Kremer, Quinn, Bernier, Billings, Brandtjen, Doyle,
Duchow, Horlacher, Jarchow, Kerkman, Knodl, Novak, Skowronski,
Tauchen, Thiesfeldt, Tittl and Weatherston. Referred to Committee on
Government Operations, Technology and Consumer Protection.
SB196,1,3 1An Act to amend 347.50 (1); and to create 218.0152 (4), 347.375 and 347.50 (1g)
2of the statutes; relating to: motor vehicle data recorders and providing a
3penalty.
Analysis by the Legislative Reference Bureau
This bill regulates the use of vehicle data recorders (VDRs) in motor vehicles.
This bill prohibits, with certain exceptions, any person from accessing,
collecting, or transferring information stored on a VDR installed in a motor vehicle
unless the person discloses the intended use of the information and receives the
consent of an owner of the vehicle. A person who violates the disclosure requirements
or the prohibition on access, collection, or transfer of VDR information may be
required to forfeit not less than $200 nor more than $2,000.
Also under this bill, the Department of Transportation must require a
statement as to whether the vehicle is equipped with a VDR to be displayed on any
guide DOT requires to be displayed on used motor vehicles displayed or offered for
sale by a motor vehicle dealer.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB196,1
1Section 1. 218.0152 (4) of the statutes is created to read:
SB196,2,92 218.0152 (4) Any guide required by the department of transportation to be
3displayed on used motor vehicles displayed or offered for sale by a motor vehicle
4dealer shall include a statement that the vehicle may be equipped with a vehicle data
5recorder, as defined in s. 347.375 (1) (a). The department may not revise a guide
6referenced in this subsection solely to include the statement required under this
7subsection, but shall require the statement to be included when a guide referenced
8in this subsection is otherwise revised in the normal course of departmental
9business.
SB196,2 10Section 2. 347.375 of the statutes is created to read:
SB196,2,11 11347.375 Vehicle data recorders. (1) In this section:
SB196,2,1212 (a) “Vehicle data recorder" means any of the following:
SB196,2,1513 1. A device installed in a motor vehicle for the purposes of recording or
14transmitting information about the motor vehicle, including a device that performs
15any of the following functions:
SB196,2,1616 a. Recording the direction and rate of speed at which the motor vehicle travels.
SB196,2,1717 b. Recording the locations to which the motor vehicle travels.
SB196,2,1818 c. Recording information concerning steering performance.
SB196,2,2019 d. Recording information concerning brake performance, including whether
20the brake was applied before an accident.
SB196,2,2121 e. Recording information regarding safety belt usage.
SB196,2,2322 f. Transmitting information concerning an accident to a central
23communications system.
SB196,2,24242. An event data recorder, as defined under 49 CFR 563.5 (b).
SB196,3,2
1(b) Notwithstanding s. 340.01 (42), “owner" means, with respect to a vehicle
2that is leased to a lessee for a period of 3 months or more, the lessee.
SB196,3,9 3(2) No person may access, collect, or transfer information stored on a vehicle
4data recorder installed in a motor vehicle unless the person discloses the intended
5use of the information to an owner and receives the written, electronic, or recorded
6audio consent of an owner. Consent under this subsection may not be implied from
7a person's purchase of the motor vehicle in which a vehicle data recorder is installed.
8This subsection does not apply to the access, collection, or transfer of information for
9any of the following purposes:
SB196,3,1110 (a) To effectuate a court order or to obtain information pursuant to a request
11under s. 804.09.
SB196,3,1312 (b) In the provision of a service for which an owner has contracted, if the
13information to be accessed or transferred is described in the contract for the service.
SB196,3,1914 (c) For the department or any law enforcement agency to transfer information,
15including personally identifiable information, as defined in s. 19.62 (5), to an insurer,
16insurance support organization, or self-insured entity, or to the agents, employees,
17or contractors of an insurer, insurance support organization, or self-insured entity,
18in connection with claims investigation activities, antifraud activities, rating, or
19underwriting.
SB196,3,2320 (d) For a motor vehicle dealer, as defined in 218.0101 (23) (a), or a person in the
21business of maintenance or repair of motor vehicles to access information stored on
22a vehicle data recorder installed in a motor vehicle if the information is used solely
23for diagnosing, servicing, or repairing the motor vehicle.
SB196,4,3
1(e) To investigate a claim under a motor vehicle insurance policy containing a
2provision voluntarily entered into by the insured that requires the insured to
3cooperate in the investigation of a motor vehicle insurance claim.
SB196,4,74 (f) For the purpose of facilitating emergency medical response to an adult at
5risk regarding whom a report has been disseminated under s. 175.51 (1m) or a
6missing or endangered person regarding whom a report has been disseminated
7under s. 165.785 (1) (b) 1.
SB196,3 8Section 3. 347.50 (1) of the statutes is amended to read:
SB196,4,129 347.50 (1) Any person violating ss. 347.35 to 347.49, except s. 347.375, s.
10347.385 (5), s. 347.413 (1) or s. 347.415 (1m), (2) and (3) to (5) or s. 347.417 (1) or s.
11347.475 or s. 347.48 (2m) or (4) or s. 347.489, may be required to forfeit not less than
12$10 nor more than $200.
SB196,4 13Section 4. 347.50 (1g) of the statutes is created to read:
SB196,4,1514 347.50 (1g) Any person violating s. 347.375 (2) may be required to forfeit not
15less than $200 nor more than $2,000.
SB196,5 16Section 5. Effective date.
SB196,4,1817 (1) This act takes effect on the first day of the 7th month beginning after
18publication.
SB196,4,1919 (End)
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