Amendment SA1-AB315

LRBa1194/1

RNK/MDK/ISR:cjs/jlg:ch

1999 - 2000 LEGISLATURE

SENATE AMENDMENT 1, TO 1999 ASSEMBLY BILL 315

January 25, 2000 - Offered by Privacy, Electronic Commerce and Financial Institutions.

AB315-SA1,1,2 At the locations indicated, amend the bill, as shown by assembly substitute amendment 1, as follows:

AB315-SA1,1,5 1. Page 1, line 7: delete that line and substitute "of transportation, the department of natural resources and the department of regulation and licensing, granting rule-making authority and providing a penalty.".

AB315-SA1,1,6 2. Page 1, line 8: before that line insert:

AB315-SA1,1,8 " Section 1. 23.16 (3) of the statutes is renumbered 23.16 (3) (intro.) and amended to read:

AB315-SA1,2,4 23.16 (3) Subscriber lists. (intro.) The department may refuse to reveal names and addresses of persons on any magazine or periodical subscriber list. The department may charge a fee to recover the actual costs for providing or for the use of any magazine or periodical subscriber list. The department may not reveal names and addresses of persons as prohibited under s. 23.45 (4). No person who obtains or uses any magazine or periodical subscriber list from the department may refer to the department, the magazine or the periodical as the source of names or addresses unless the person clearly indicates states that the provision of, or permission to use, the subscriber list in no way indicates the any of the following:

AB315-SA1,2,6 (a) The department's knowledge, involvement, approval, authorization or connection with the person or the person's activities.

AB315-SA1, s. 1c Section 1c. 23.16 (3) (b) of the statutes is created to read:

AB315-SA1,2,9 23.16 (3) (b) The department's knowledge, approval or authorization of the person's activities.

AB315-SA1, s. 1g Section 1g. 23.165 (4) of the statutes is renumbered 23.165 (4) (intro.) and amended to read:

AB315-SA1,2,20 23.165 (4) Subscriber lists. (intro.) Notwithstanding s. 19.35, the The department may refuse to reveal names and addresses of persons on any publication subscriber list. The department may not reveal names and addresses as prohibited under s. 23.45 (5). The department may charge a fee to recover the actual costs for providing or for the use of a publication subscriber list. No person who obtains or uses a publication subscriber list from the department may refer to the department or the publication as the source of names or addresses unless the person clearly indicates states that the provision of, or permission to use, the subscriber list in no way indicates the any of the following:

AB315-SA1,2,22 (a) The department's knowledge, involvement, approval, authorization or connection with the person or the person's activities.

AB315-SA1, s. 1n Section 1n. 23.165 (4) (b) of the statutes is created to read:

AB315-SA1,2,25 23.165 (4) (b) The department's knowledge, approval or authorization of the person's activities.

AB315-SA1, s. 1r Section 1r. 23.45 of the statutes is created to read:

AB315-SA1,3,2 23.45 Nondisclosure of certain personal information. (1) In this section:

AB315-SA1,3,4 (a) "Approval" means any type of approval or authorization issued by the department including a license, permit, certificate, card stamp or tag.

AB315-SA1,3,6 (b) "List" means information compiled or maintained by the department that contains the personal identifiers of 10 or more individuals.

AB315-SA1,3,8 (c) "Personal identifier" means a name, social security number, telephone number, street address, post-office box number or 9-digit extended zip code.

AB315-SA1,3,15 (2) If a form that the department requires an individual to complete in order to obtain an approval or other privilege from the department or to obtain a product or service from the department requires the individual to provide any of the individual's personal identifiers, the form shall include a place for the individual to declare that the individual's personal identifiers obtained by the department from the information on the form may not be disclosed on any list that the department furnishes to another person.

AB315-SA1,3,22 (3) If the department requires an individual to provide, by telephone or other electronic means, any of the individual's personal identifiers in order to obtain an approval or other privilege from the department or to obtain a product or service from the department, the department shall ask the individual at the time that the individual provides the information if the individual wants to declare that the individual's personal identifiers obtained by telephone or other electronic means may not be disclosed on any list that the department furnishes to another person.

AB315-SA1,4,2 (4) The department shall provide to an individual upon request a form that includes a place for the individual to declare that the individual's personal identifiers obtained by the department may not be disclosed on any list that the department furnishes to another person.

AB315-SA1,4,5 (5) (a) The department may not disclose on any list that it furnishes to another person a personal identifier of any individual who has made a declaration under sub. (2), (3) or (4).

AB315-SA1,4,11 (b) Paragraph (a) does not apply to a list that the department furnishes to another state agency, a law enforcement agency or a federal governmental agency. A state agency that receives a list from the department containing a personal identifier of any individual who has made a declaration under sub. (2), (3) or (4) may not disclose the personal identifier to any person other than a state agency, a law enforcement agency or a federal governmental agency.".

AB315-SA1,4,12 3. Page 1, line 8: delete " Section 1" and substitute "Section 1w".

AB315-SA1,4,14 4. Page 1, line 10: after "name," insert "social security number, telephone number,".

AB315-SA1,4,15 5. Page 3, line 3: delete "(2)".

AB315-SA1,4,16 6. Page 4, line 12: after that line insert:

AB315-SA1,4,17 " Section 4r. 341.17 (9) (a) 3. of the statutes is amended to read:

AB315-SA1,4,19 341.17 (9) (a) 3. "Personal identifier" means a name, street address, post-office box number or 9-digit extended zip code has the meaning given in s. 85.103 (1).".

AB315-SA1,4,22 7. Page 4, line 25: after "claim." insert "Notwithstanding par. (e), no insurer, or agent of an insurer, may disclose to another person for marketing purposes any personal identifier received under this subdivision.".

AB315-SA1,5,3 8. Page 5, line 5: after "recalls." insert "Notwithstanding par. (e), no person receiving a personal identifier under this subdivision may disclose the personal identifier to another person for marketing purposes.".

AB315-SA1,5,4 9. Page 5, line 11: after that line insert:

AB315-SA1,5,5 " Section 9m. 341.17 (9) (f) 1. and 2. of the statutes are amended to read:

AB315-SA1,5,8 341.17 (9) (f) 1. Any person who wilfully discloses a personal identifier in violation of this subsection may be required to forfeit not more than $500 for each violation.

AB315-SA1,5,11 2. Any person who wilfully requests or obtains a personal identifier from the department under this subsection under false pretenses may be required to forfeit not more than $500 for each violation.".

AB315-SA1,5,12 10. Page 5, line 22: after that line insert:

AB315-SA1,5,13 " Section 11r. 343.235 (1) (c) of the statutes is amended to read:

AB315-SA1,5,15 343.235 (1) (c) "Personal identifier" means a name, street address, post-office box number or 9-digit extended zip code has the meaning given in s. 85.103 (1).".

AB315-SA1,5,18 11. Page 6, line 9: after "claim." insert "Notwithstanding sub. (5), no insurer, or agent of an insurer, may disclose to another person for marketing purposes any personal identifier received under this paragraph.".

AB315-SA1,5,19 12. Page 6, line 15: after that line insert:

AB315-SA1,5,20 " Section 15m. 343.235 (6) (a) and (b) of the statutes are amended to read:

AB315-SA1,5,23 343.235 (6) (a) Any person who wilfully discloses a personal identifier in violation of this section may be required to forfeit not more than $500 for each violation.

AB315-SA1,6,3 (b) Any person who wilfully requests or obtains a personal identifier from the department under this section under false pretenses may be required to forfeit not more than $500 for each violation.

AB315-SA1, s. 15r Section 15r. 343.24 (4) (a) 3. of the statutes is amended to read:

AB315-SA1,6,6 343.24 (4) (a) 3. "Personal identifier" means a name, street address, post-office box number or 9-digit extended zip code has the meaning given in s. 85.103 (1).".

AB315-SA1,6,9 13. Page 6, line 25: after "claim." insert "Notwithstanding par. (e), no insurer, or agent of an insurer, may disclose to another person for marketing purposes any personal identifier received under this subdivision.".