Amendment ASA1-AB621

AB621-ASA1,7,24 (8) If a party appeals a decision of the court under sub. (7), the court of appeals shall grant precedence to the appeal over all other matters not accorded similar precedence by law.

AB621-ASA1, s. 5 Section 5. 19.36 (10) and (11) of the statutes are created to read:

AB621-ASA1,8,6 19.36 (10) Employee personnel records. Unless access is specifically authorized or required by statute, an authority shall not provide access to records containing the following information under s. 19.35 (1), except to an employee or the employee's representative to the extent required under s. 103.13 or to a collective bargaining representative to the extent required to fulfill a duty to bargain under ch. 111 or pursuant to a collective bargaining agreement under ch. 111:

AB621-ASA1,8,9 (a) Information prepared or provided by an employer concerning the home address or telephone number of an employee, unless the employee authorizes the authority to provide access to such information.

AB621-ASA1,8,12 (b) Information relating to the current investigation of a possible criminal offense or possible misconduct connected with employment by an employee prior to disposition of the investigation.

AB621-ASA1,8,14 (c) Information pertaining to an employee's employment examination, except an examination score if access to that score is not otherwise prohibited.

AB621-ASA1,8,20 (d) Information relating to one or more specific employees that is used by an authority or by the employer of the employees for staff management planning, including performance evaluations, judgments or recommendations concerning future salary adjustments or other wage treatments, management bonus plans, promotions, job assignments, letters of reference, or other comments or ratings relating to employees.

AB621-ASA1,8,25 (11) Information relating to certain employees. Except as otherwise authorized or required by statute, no authority may permit access to a record prepared or provided by an employer, other than an authority, that contains personally identifiable information relating to an employee of that employer, unless the employee authorizes the authority to provide access to that information.

AB621-ASA1, s. 6 Section 6. 22.21 of the statutes is created to read:

AB621-ASA1,9,7 22.21 Privacy and security information officers. (1) The chief information officer shall appoint an employee of the department to serve as a privacy information officer. The privacy information officer shall provide information to employees of the department and other persons who are or may be the subject of any information maintained or processed by the department concerning applicable laws, rules, and regulations governing the protection of privacy.

AB621-ASA1,9,10 (2) The chief information officer shall appoint an employee of the department to serve as a security information officer. The security information officer shall ensure the security of information maintained or processed by the department.

AB621-ASA1, s. 7 Section 7. 36.11 (35) (title) of the statutes is renumbered 36.32 (title).

AB621-ASA1, s. 8 Section 8. 36.11 (35) of the statutes is renumbered 36.32 (2) and amended to read:

AB621-ASA1,9,22 36.32 (2) The board An institution of higher education may assign to each student enrolled in the system institution a unique identification number. The board An institution of higher education shall not assign to any student an identification number that is identical to or incorporates the student's social security number. This subsection does not prohibit the board an institution of higher education from requiring a student to disclose his or her social security number, nor from using a student's social security number if such use is required by a federal or state agency or private organization in order for the system or the student to participate in a particular program.

AB621-ASA1, s. 9 Section 9. 36.32 (1) of the statutes is created to read:

AB621-ASA1,9,25 36.32 (1) In this section, "institution of higher education" means an institution within the system, or a private educational institution located in this state that awards a bachelor's or higher degree or provides a program that is acceptable toward such a degree.

AB621-ASA1, s. 10 Section 10. 36.38 of the statutes is created to read:

AB621-ASA1,10,9 36.38 Policy on privacy in athletic locker rooms. Each institution and college campus 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 institution or college campus. The policy shall reflect the privacy interests of members of athletic teams representing the institution or college campus.

AB621-ASA1, s. 11 Section 11. 38.12 (12) of the statutes is created to read:

AB621-ASA1,10,15 38.12 (12) Policy on privacy in athletic locker rooms. The district board 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 district. The policy shall reflect the privacy interests of members of athletic teams representing the district.

AB621-ASA1, s. 12 Section 12. 39.49 of the statutes is created to read:

AB621-ASA1,10,21 39.49 Policy on privacy in athletic locker rooms. (1) In this section, "institution of higher education" means a private educational institution that awards a bachelor's or higher degree or provides a program that is acceptable for credit toward such a degree, and that fields an athletic team that represents the institution.

AB621-ASA1,11,2 (2) Each institution of higher education 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 institution. The policy shall reflect the privacy interests of members of athletic teams representing the institution.

AB621-ASA1, s. 13 Section 13. 40.07 (1) (intro.) and (3) of the statutes are amended to read:

AB621-ASA1,11,7 40.07 (1) (intro.) Notwithstanding any other statutory provision, individual personal information in the records of the department is not a public record and shall not be disclosed, unless subject to access under s. 19.35 (1), but access to that information may be provided, unless prohibited under s. 19.36 (10), if:

AB621-ASA1,11,10 (3) The department shall not furnish lists of participants, annuitants or beneficiaries to any person or organization except as permitted under s. 19.36 (10) and as required for the proper administration of the department.

AB621-ASA1, s. 14 Section 14. 48.236 (4) (a) of the statutes is amended to read:

AB621-ASA1,12,7 48.236 (4) (a) Inspect any reports and records relating to the child who is the subject of the proceeding, the child's family, and any other person residing in the same home as the child that are relevant to the subject matter of the proceeding, including records discoverable under s. 48.293, examination reports under s. 48.295 (2), law enforcement reports and records under ss. 48.396 (1) and 938.396 (1), court records under ss. 48.396 (2) (a) and 938.396 (2) (a), social welfare agency records under ss. 48.78 (2) (a) and 938.78 (2) (a), abuse and neglect reports and records under s. 48.981 (7) (a) 11r., and pupil records under s. 118.125 (2) (L). The order shall also require the custodian of any report or record specified in this paragraph to permit the court-appointed special advocate to inspect the report or record on presentation by the court-appointed special advocate of a copy of the order. A court-appointed special advocate that obtains access to a report or record described in this paragraph shall keep the information contained in the report or record confidential and may disclose that information only to the court. If a court-appointed special advocate discloses any information to the court under this paragraph, the court-appointed special advocate shall also disclose that information to all parties to the proceeding. If a court-appointed special advocate discloses information in violation of the confidentiality requirement specified in this paragraph, the court-appointed special advocate is liable to any person damaged as a result of that disclosure for such damages as may be proved and, notwithstanding s. 814.04 (1), for such costs and reasonable actual attorney fees as may be incurred by the person damaged.

AB621-ASA1, s. 15 Section 15. 48.396 (1) of the statutes is amended to read:

AB621-ASA1,13,4 48.396 (1) Law enforcement officers' records of children shall be kept separate from records of adults. Law enforcement officers' records of the adult expectant mothers of unborn children shall be kept separate from records of other adults. Law enforcement officers' records of children and the adult expectant mothers of unborn children shall not be open to inspection or their contents disclosed except under sub. (1b), (1d), (1h), (1j), (1k), or (5) or s. 48.293 or by order of the court. This subsection does not apply to the representatives of newspapers or other reporters of news the news media who wish to obtain information for the purpose of reporting news without revealing the identity of the child or adult expectant mother involved,; to the confidential exchange of information between the police and an agency, as defined in s. 48.38 (1) (a) or 938.78 (1), officials of the school attended by the child, or other law enforcement or social welfare agencies; or to children 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection shall keep the information confidential as required under s. 118.125, and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under s. 118.125. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and s. 938.396 (1). A social welfare agency that obtains information under this subsection shall keep the information confidential as required under ss. 48.78 and 938.78.

AB621-ASA1, s. 16 Section 16. 48.396 (1h) of the statutes is created to read:

AB621-ASA1,13,14 48.396 (1h) If requested by another law enforcement agency, a law enforcement agency may, subject to official agency policy, disclose to the other law enforcement agency any information in its records relating to a child or an adult expectant mother of an unborn child as necessary for the other law enforcement agency to pursue an investigation of any alleged criminal or delinquent activity. A law enforcement agency that obtains information under this paragraph shall keep the information confidential as required under sub. (1) and s. 938.396 (1) and may disclose the information only for the purpose of pursuing that investigation or as permitted under sub. (1) or s. 938.396 (1).

AB621-ASA1, s. 17 Section 17. 48.396 (1j) of the statutes is created to read:

AB621-ASA1,14,4 48.396 (1j) If requested by a court assigned to exercise jurisdiction under this chapter and ch. 938, a court exercising jurisdiction under s. 48.16, a court exercising jurisdiction under s. 938.17 (2), or a person representing the interests of the public under s. 48.09 or 938.09, a law enforcement agency may, subject to official agency policy, disclose to the requester any information in its records relating to a child or an adult expectant mother of an unborn child as necessary for the court to conduct, or the person representing the interests of the public to prepare for, any proceedings in the court. A court that obtains information under this paragraph shall keep the information confidential as required under sub. (2) (a) and s. 938.396 (2) (a) and may disclose the information only for the purpose of conducting those proceedings or as permitted under sub. (2) (a) and s. 938.396 (2) (a). A person representing the interests of the public who obtains any information under this paragraph shall keep the information confidential and may disclose the information only as necessary for the person to perform the person's official duties relating to those proceedings.

AB621-ASA1, s. 18 Section 18. 48.396 (1k) of the statutes is created to read:

AB621-ASA1,14,14 48.396 (1k) If requested by any person authorized to provide intake or dispositional services under s. 48.067, 48.069, 938.067, or 938.069 or any other person employed by an agency, as defined in s. 48.38 (1) (a) or 938.78 (1), to provide any other professional services, a law enforcement agency may, subject to official agency policy, disclose to the person any information in its records relating to a child or an adult expectant mother of an unborn child as necessary for the person to provide those services. A person who obtains any information under this paragraph shall keep the information confidential and may disclose the information only as necessary for the person to provide those services.

AB621-ASA1, s. 19 Section 19. 48.396 (2) (c) of the statutes is created to read:

AB621-ASA1,14,25 48.396 (2) (c) Upon request of any law enforcement agency to review court records for the purpose of pursuing an investigation of any alleged delinquent or criminal activity, the court shall open for inspection by any authorized representative of the requester the records of the court relating to a child or an adult expectant mother of an unborn child who has been the subject of a proceeding under this chapter as necessary for the law enforcement agency to pursue the investigation. A law enforcement agency that obtains information under this paragraph shall keep the information confidential as required under sub. (1) and s. 938.396 (1) and may disclose the information only for the purpose of pursuing that investigation or as permitted under sub. (1) or s. 938.396 (1).

AB621-ASA1, s. 20 Section 20. 48.396 (2) (g) of the statutes is renumbered 48.396 (2) (gm) and amended to read:

AB621-ASA1,15,17 48.396 (2) (gm) Upon request of any other court assigned to exercise jurisdiction under this chapter and ch. 938, a district attorney or corporation counsel any court exercising jurisdiction under s. 48.16, any court exercising jurisdiction under s. 938.17 (2), or any person representing the interests of the public under s. 48.09 or 938.09 to review court records for the purpose of conducting or preparing for any proceeding in that other court, the court shall open for inspection by any authorized representative of the requester the records of the court relating to any child who has been the subject of a proceeding under this chapter. A court that obtains information under this paragraph shall keep the information confidential as required under par. (a) and s. 938.396 (2) (a) and may disclose the information only for the purpose of conducting those proceedings or as permitted under par. (a) and s. 938.396 (2) (a). A person representing the interests of the public who obtains any information under this paragraph shall keep the information confidential and may disclose the information only as necessary for the person to perform the person's official duties relating to that proceeding.

AB621-ASA1, s. 21 Section 21. 48.396 (2) (gr) of the statutes is created to read:

AB621-ASA1,16,2 48.396 (2) (gr) Upon request of any person authorized to provide intake or dispositional services under s. 48.067, 48.069, 938.067, or 938.069 or any other person employed by an agency, as defined in s. 48.38 (1) (a) or 938.78 (1), to provide any other professional services to review court records for the purpose of performing those services, the court shall open for inspection by the person the records of the court relating to a child or an adult expectant mother of an unborn child who has been the subject of a proceeding under this chapter. A person who obtains any information under this paragraph shall keep the information confidential and may disclose the information only as necessary for the person to provide those services.

AB621-ASA1, s. 22 Section 22. 48.396 (5) (a) (intro.) of the statutes is amended to read:

AB621-ASA1,16,7 48.396 (5) (a) (intro.) Any person who is denied access to a record under sub. (1), (1b) or, (1d), (1h), (1j), or (1k) may petition the court to order the disclosure of the records governed by the applicable subsection record. The petition shall be in writing and shall describe as specifically as possible all of the following:

AB621-ASA1, s. 23 Section 23. 48.78 (2) (b) of the statutes is amended to read:

AB621-ASA1,16,20 48.78 (2) (b) Paragraph (a) does not apply to the confidential exchange of information between an agency and another social welfare agency, a law enforcement agency, a public school, or a private school regarding an individual in the care or legal custody of the agency. A social welfare An agency that obtains information under this paragraph shall keep the information confidential as required under this section and s. 938.78. A law enforcement agency that obtains information under this paragraph shall keep the information confidential as required under ss. 48.396 (1) and 938.396 (1). A public school that obtains information under this paragraph shall keep the information confidential as required under s. 118.125, and a private school that obtains information under this paragraph shall keep the information confidential in the same manner as is required of a public school under s. 118.125.

AB621-ASA1, s. 24 Section 24. 100.52 (1) (bg) and (br) of the statutes are created to read:

AB621-ASA1,16,24 100.52 (1) (bg) "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.

AB621-ASA1,17,3 (br) "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.

AB621-ASA1, s. 25 Section 25. 100.52 (4) (a) 4. of the statutes is created to read:

AB621-ASA1,17,5 100.52 (4) (a) 4. Use a blocking service when making a telephone solicitation.

AB621-ASA1, s. 26 Section 26. 118.39 of the statutes is created to read:

AB621-ASA1,17,13 118.39 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.

AB621-ASA1, s. 27 Section 27. 146.81 (1) (fm) of the statutes is amended to read:

AB621-ASA1,17,15 146.81 (1) (fm) A pharmacist or pharmacy licensed under ch. 450.

AB621-ASA1, s. 28 Section 28. 146.81 (4) of the statutes is amended to read:

AB621-ASA1,17,24 146.81 (4) "Patient health care records" means all records related to the health of a patient prepared by or under the supervision of or owned by a health care provider, including the records required under s. 146.82 (2) (d) and (3) (c), but not those records subject to s. 51.30, reports collected under s. 69.186, records of tests administered under s. 252.15 (2) (a) 7., 343.305, 938.296 (4) or (5) or 968.38 (4) or (5), fetal monitor tracings, as defined under s. 146.817 (1), or a pupil's physical health records maintained by a school under s. 118.125. ``Patient health care records" also includes health summary forms prepared under s. 302.388 (2).

AB621-ASA1, s. 29 Section 29. 146.82 (2) (bm) of the statutes is created to read:

AB621-ASA1,18,4 146.82 (2) (bm) Except as otherwise permitted under 45 CFR Parts 160 and 164, no recipient of a patient health care record under par. (a) may use identifying information in the record to market a service or product to a patient or health care provider.

AB621-ASA1, s. 30 Section 30. 146.84 (1) (d) of the statutes is created to read:

AB621-ASA1,18,10 146.84 (1) (d) Any person who obtains a patient health care record from a pharmacy or pharmacist under circumstances that constitute a violation of s. 146.82 or 146.83 in a manner that is knowing and willful shall be liable to any person injured as a result of the violation for actual damages to that person, exemplary damages of not more than $25,000, costs, and reasonable actual attorney fees.

AB621-ASA1, s. 31 Section 31. 146.84 (5) of the statutes is created to read:

AB621-ASA1,18,14 146.84 (5) Enforcement. The department of justice or a district attorney may bring an action in the name of the state to enforce sub. (2) or to restrain by temporary or permanent injunction a violation of sub. (2).

AB621-ASA1, s. 32 Section 32. 175.22 of the statutes is created to read:

AB621-ASA1,18,20 175.22 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.

AB621-ASA1, s. 33 Section 33. 230.08 (4) (b) 5. of the statutes is created to read:

AB621-ASA1,18,24 230.08 (4) (b) 5. Functions performed by the privacy information officer under s. 22.21 (1) and functions performed by the security information officer under s. 22.21 (2).

AB621-ASA1, s. 34 Section 34. 230.13 (1) (intro.) of the statutes is amended to read:

AB621-ASA1,19,3 230.13 (1) (intro.) Except as provided in sub. (3) and s. ss. 19.36 (10) and 103.13, the secretary and the administrator may keep records of the following personnel matters closed to the public:

AB621-ASA1, s. 35 Section 35. 230.13 (3) of the statutes is renumbered 230.13 (3) (a).

AB621-ASA1, s. 36 Section 36. 230.13 (3) (b) of the statutes is created to read:

AB621-ASA1,19,8 230.13 (3) (b) The secretary and the administrator may provide any agency with personnel information relating to the hiring and recruitment process, including specifically the examination scores and ranks and other evaluations of applicants.

AB621-ASA1, s. 37 Section 37. 233.13 (intro.) of the statutes is amended to read:

AB621-ASA1,19,12 233.13 Closed records. (intro.) Except as provided in s. ss. 19.36 (10) and 103.13, the authority may keep records of the following personnel matters closed to the public:

AB621-ASA1, s. 38 Section 38. 301.029 (2) (a) of the statutes is amended to read:

AB621-ASA1,19,18 301.029 (2) (a) The department may not enter into any contract or other agreement if, in the performance of the contract or agreement, a prisoner would perform data entry or telemarketing services and have access to an individual's financial transaction card numbers, checking or savings account numbers , date of birth, or social security number.

AB621-ASA1, s. 39 Section 39. 938.396 (1) of the statutes is amended to read:

AB621-ASA1,20,13 938.396 (1) Law enforcement officers' records of juveniles shall be kept separate from records of adults. Law enforcement officers' records of juveniles shall not be open to inspection or their contents disclosed except under sub. (1b), (1d), (1g), (1h), (1j), (1k), (1m), (1r), (1t), (1x) or (5) or s. 938.293 or by order of the court. This subsection does not apply to representatives of the news media who wish to obtain information for the purpose of reporting news without revealing the identity of the juvenile involved,; to the confidential exchange of information between the police and an agency, as defined in s. 48.38 (1) (a) or 938.78 (1), officials of the school attended by the juvenile, or other law enforcement or social welfare agencies; or to juveniles 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection shall keep the information confidential as required under s. 118.125, and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under s. 118.125. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and s. 48.396 (1). A social welfare agency that obtains information under this subsection shall keep the information confidential as required under ss. 48.78 and 938.78.

AB621-ASA1, s. 40 Section 40. 938.396 (1h) of the statutes is created to read:

AB621-ASA1,20,22 938.396 (1h) If requested by another law enforcement agency, a law enforcement agency may, subject to official agency policy, disclose to the other law enforcement agency any information in its records relating to a juvenile as necessary for the other law enforcement agency to pursue an investigation of any alleged criminal or delinquent activity. A law enforcement agency that obtains information under this paragraph shall keep the information confidential as required under sub. (1) and s. 48.396 (1) and may disclose the information only for the purpose of pursuing that investigation or as permitted under sub. (1) or s. 48.396 (1).

AB621-ASA1, s. 41 Section 41. 938.396 (1j) of the statutes is created to read:

AB621-ASA1,21,12 938.396 (1j) If requested by a court assigned to exercise jurisdiction under this chapter and ch. 48, a court exercising jurisdiction under s. 48.16, a court exercising jurisdiction under s. 938.17 (2), or a person representing the interests of the public under s. 48.09 or 938.09, a law enforcement agency may, subject to official agency policy, disclose to the requester any information in its records relating to a juvenile as necessary for the court to conduct, or for the person representing the interests of the public to prepare for, any proceedings in the court. A court that obtains information under this paragraph shall keep the information confidential as required under sub. (2) (a) and s. 48.396 (2) (a) and may disclose the information only for the purpose of conducting those proceedings or as permitted under sub. (2) (a) or s. 48.396 (2) (a). A person representing the interests of the public who obtains any information under this paragraph shall keep the information confidential and may disclose the information only as necessary for the person to perform the person's official duties relating to those proceedings.

AB621-ASA1, s. 42 Section 42. 938.396 (1k) of the statutes is created to read:

AB621-ASA1,21,22 938.396 (1k) If requested by any person authorized to provide intake or dispositional services under s. 48.067, 48.069, 938.067, or 938.069 or any other person employed by an agency, as defined in s. 48.38 (1) (a) or 938.78 (1), to provide any other professional services, a law enforcement agency may, subject to official agency policy, disclose to the person any information in its records relating to a juvenile as necessary for the person to provide those services. A person who obtains any information under this paragraph shall keep the information confidential and may disclose the information only as necessary for the person to provide those services.

AB621-ASA1, s. 43 Section 43. 938.396 (2) (c) of the statutes is amended to read:

AB621-ASA1,22,11 938.396 (2) (c) Upon request of a law enforcement agency to review court records for the purpose of investigating a crime that might constitute criminal gang activity, as defined in s. 941.38 (1) (b) pursuing an investigation of any alleged delinquent or criminal activity, the court shall open for inspection by authorized representatives of the law enforcement agency the records of the court relating to any juvenile who has been found to have committed a delinquent act at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would have been a felony under chs. 939 to 948 or 961 if committed by an adult the subject of a proceeding under this chapter as necessary for the law enforcement agency to pursue the investigation. A law enforcement agency that obtains information under this paragraph shall keep the information confidential as required under sub. (1) and s. 48.396 (1) and may disclose the information only for the purpose of pursuing that investigation or as permitted under sub. (1) or s. 48.396 (1).

AB621-ASA1, s. 44 Section 44. 938.396 (2) (gm) of the statutes is amended to read:

AB621-ASA1,23,2 938.396 (2) (gm) Upon request of any other court assigned to exercise jurisdiction under this chapter and ch. 48, a district attorney or corporation counsel any court exercising jurisdiction under s. 48.16, any court exercising jurisdiction under s. 938.17 (2), or any person representing the interests of the public under s. 48.09 or 938.09 to review court records for the purpose of conducting or preparing for any proceeding in that other court, the court shall open for inspection by any authorized representative of the requester the records of the court relating to any juvenile who has been the subject of a proceeding under this chapter. A court that obtains information under this paragraph shall keep the information confidential as required under par. (a) and s. 48.396 (2) (a) and may disclose the information only for the purpose of conducting those proceedings or as permitted under par. (a) or s. 48.396 (2) (a). A person representing the interests of the public who obtains any information under this paragraph shall keep the information confidential and may disclose the information only as necessary for the person to perform the person's official duties relating to that proceeding.

AB621-ASA1, s. 45 Section 45. 938.396 (2) (gr) of the statutes is created to read: