JTK/DK/PK/ML/PG/pd/rc/mk/gm/jk/rr:wlj&cs:kjf
2001 - 2002 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2001 ASSEMBLY BILL 621
January 8, 2002 - Offered by Representative Powers.
AB621-ASA1,2,13 1An Act to renumber 36.11 (35) (title) and 230.13 (3); to renumber and amend
236.11 (35) and 48.396 (2) (g); to amend 40.07 (1) (intro.) and (3), 48.236 (4) (a),
348.396 (1), 48.396 (5) (a) (intro.), 48.78 (2) (b), 146.81 (1) (fm), 146.81 (4), 230.13
4(1) (intro.), 233.13 (intro.), 301.029 (2) (a), 938.396 (1), 938.396 (2) (c), 938.396
5(2) (gm), 938.396 (5) (a) (intro.) and 938.78 (2) (b) 1.; and to create 13.0991,
619.32 (1bg), (1de), (1dm), (2g) and (4), 19.345, 19.356, 19.36 (10) and (11), 22.21,
736.32 (1), 36.38, 38.12 (12), 39.49, 48.396 (1h), 48.396 (1j), 48.396 (1k), 48.396
8(2) (c), 48.396 (2) (gr), 100.52 (1) (bg) and (br), 100.52 (4) (a) 4., 118.39, 146.82
9(2) (bm), 146.84 (1) (d), 146.84 (5), 175.22, 230.08 (4) (b) 5., 230.13 (3) (b),
10938.396 (1h), 938.396 (1j), 938.396 (1k), 938.396 (2) (gr) and 979.028 of the
11statutes; relating to: the use of a person's social security number in his or her
12student identification number at private institutions of higher education;
13department of corrections contracts involving prisoner access to an individual's

1date of birth; confidentiality of patient health care records; access to public
2records; access to autopsy records; preparation of privacy impact statements for
3bills that would impact personal privacy; written policies on entering locker
4rooms being used by athletic teams representing certain schools or by
5professional athletic teams; prohibiting certain telephone solicitations;
6appointment of certain officers in the department of electronic government; and
7disclosure of the records of a law enforcement agency or of a juvenile or
8municipal court to other law enforcement agencies, to other juvenile or
9municipal courts, to juvenile court intake workers, to dispositional staff of the
10department of health and family services, the department of corrections, a
11county department of human services or social services, or a child welfare
12agency, and to district attorneys, corporation counsels, and other
13representatives of the public interest.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB621-ASA1, s. 1 14Section 1. 13.0991 of the statutes is created to read:
AB621-ASA1,2,15 1513.0991 Privacy impact statements. (1) In this section:
AB621-ASA1,2,1616 (a) "Authority" means a body created under ch. 231, 232, 233, 234, or 235.
AB621-ASA1,2,1817 (b) "Impact upon personal privacy" means that a bill would do one or more of
18the following:
AB621-ASA1,2,2019 1. Provide for the creation of additional personally identifiable information
20that is not readily available to the public at the time the bill is introduced.
AB621-ASA1,2,2221 2. Create an activity that would constitute an intrusion upon the privacy of an
22individual, or alter an activity in such a way as to create such an intrusion.
AB621-ASA1,3,3
13. Use the name, picture, or likeness of an individual without the consent of the
2individual, or the consent of the individual's parent or guardian if the individual is
3a minor.
AB621-ASA1,3,44 4. Permit or cause publicity to be given to the private life of an individual.
AB621-ASA1,3,65 (c) "Personally identifiable information" has the meaning given under s. 19.62
6(5).
AB621-ASA1,3,117 (d) "State agency" means an office, department, independent agency,
8institution of higher education, association, society, or other body in state
9government created or authorized to be created by the constitution or any law, which
10is entitled to expend moneys appropriated by law, including the legislature and the
11courts, but not including an authority.
AB621-ASA1,3,14 12(2) (a) Whenever a bill is introduced in either house of the legislature that
13would have an impact upon personal privacy, the legislative reference bureau shall
14promptly transmit a copy of the bill to the department of administration.
AB621-ASA1,3,2015 (b) Either house of the legislature may, under rules of that house or joint rules
16of the legislature, request the department of administration to order the preparation
17of a privacy impact statement with respect to any bill before that house, either in its
18original form or as affected by one or more amendments. If a house so requests, the
19chief clerk of that house shall thereupon transmit a copy of that bill and any affected
20amendments to the department of administration.
AB621-ASA1,3,25 21(3) Upon receipt of a bill under sub. (2), the department of administration shall
22direct one or more state agencies or authorities to prepare a privacy impact
23statement with respect to that bill. Each privacy impact statement shall describe the
24impact upon personal privacy that would result from enactment of the bill and
25analyze the desirability of that impact from the standpoint of public policy.
AB621-ASA1,4,3
1(4) Each state agency or authority receiving a bill under sub. (3) shall provide
2the statement required under sub. (3) to the department of administration within 15
3days after the department's directive.
AB621-ASA1,4,8 4(5) Upon receiving a privacy impact statement under sub. (4), the department
5of administration shall provide one copy to the legislative reference bureau, one copy
6to the principal author of the bill, and one copy to the chief clerk of the house of the
7legislature in which the bill originated. The chief clerk shall thereupon distribute
8the statement in the same manner as amendments to the bill are distributed.
AB621-ASA1,4,13 9(6) Whenever a bill requires preparation of a privacy impact statement under
10this section, the legislative reference bureau shall include a notation to that effect
11on the jacket of the bill when the jacket is prepared. If the preparation of a privacy
12impact statement is requested by a house of the legislature, the chief clerk of that
13house shall include a notation to that effect on the jacket of the bill.
AB621-ASA1,4,17 14(7) Whenever a privacy impact statement is required or requested for any bill
15under this section, a standing committee to which the bill is referred may not hold
16a public hearing on the bill or report the bill until the statement is received by the
17chief clerk of the house in which the bill originated.
AB621-ASA1, s. 2 18Section 2. 19.32 (1bg), (1de), (1dm), (2g) and (4) of the statutes are created to
19read:
AB621-ASA1,4,2220 19.32 (1bg) "Employee" means an individual who is engaged in employment
21in this state, other than an individual holding a state public office or a local public
22office.
AB621-ASA1,4,23 23(1de) "Local governmental unit" has the meaning given in s. 19.42 (7u).
AB621-ASA1,5,2 24(1dm) "Local public office" has the meaning given in s. 19.42 (7w), and also
25includes any appointive office or position of a local governmental unit in which an

1individual serves as the head of a department, agency, or division of the local
2governmental unit.
AB621-ASA1,5,4 3(2g) "Record subject" means an individual about whom personally identifiable
4information is contained in a record.
AB621-ASA1,5,6 5(4) "State public office" has the meaning given in s. 19.42 (13), but does not
6include a position identified in s. 20.923 (6) (em) to (gm).
AB621-ASA1, s. 3 7Section 3. 19.345 of the statutes is created to read:
AB621-ASA1,5,11 819.345 Time computation. In ss. 19.33 to 19.39, when a time period is
9provided for performing an act, whether the period is expressed in hours or days, the
10whole of Saturday, Sunday, and any legal holiday, from midnight to midnight, shall
11be excluded in computing the period.
AB621-ASA1, s. 4 12Section 4. 19.356 of the statutes is created to read:
AB621-ASA1,5,17 1319.356 Notice to record subject; right of action. (1) Except as authorized
14in this section or as otherwise provided by statute, no authority is required to notify
15a record subject prior to providing to a requester access to a record containing
16information pertaining to that record subject, and no person is entitled to judicial
17review of the decision of an authority to provide a requester with access to a record.
AB621-ASA1,6,4 18(2) (a) Except as provided in pars. (b) to (d) and as otherwise authorized or
19required by statute, if an authority decides to permit access to a record containing
20information relating to an employee that is created or kept by the authority as a
21result of the authority's investigation into a disciplinary matter involving the
22employee or possible violation by the employee of a statute, ordinance, rule,
23regulation, or policy of the employee's employer, or any record obtained by the
24authority through a subpoena or search warrant, the authority shall, before
25permitting access and within 72 hours after making the decision to permit access,

1serve written notice of that decision on any record subject to whom that record
2pertains, either by certified mail or by personally serving the notice on the subject.
3The notice shall briefly describe the requested record and include a description of the
4rights of the record subject under subs. (3) and (4).
AB621-ASA1,6,95 (b) Paragraph (a) does not apply to an authority who provides access to a record
6pertaining to an employee to the employee who is the subject of the record or to his
7or her representative to the extent required under s. 103.13 or to a collective
8bargaining representative to the extent required to fulfill a duty to bargain or
9pursuant to a collective bargaining agreement under ch. 111.
AB621-ASA1,6,1510 (c) Paragraph (a) does not apply to an investigation by an authority who or
11which is charged with the responsibility to enforce a law, ordinance, rule, or
12regulation that is applicable to individuals other than officers or employees of the
13authority or persons under contract with the authority unless the investigation
14involves an officer or employee of the authority or a person under contract with the
15authority.
AB621-ASA1,6,1816 (d) Paragraph (a) does not apply to access to a record produced in relation to
17a function specified in s. 106.54 or 230.45 or subch. II of ch. 111 if the record is
18provided by an authority having responsibility for that function.
AB621-ASA1,6,21 19(3) Within 5 days after receipt of a notice under sub. (2), any record subject may
20provide written notification to the authority of his or her intent to seek a court order
21restraining the authority from providing access to the requested record.
AB621-ASA1,7,2 22(4) Within 10 days after receipt of a notice under sub. (2), any record subject
23may commence an action seeking a court order to restrain the authority from
24providing access to the requested record. If a record subject commences such an

1action, the record subject shall name the authority as a defendant. Notwithstanding
2s. 803.09, the requester may intervene in the action as a matter of right.
AB621-ASA1,7,12 3(5) An authority shall not provide access to a requested record within 12 days
4of sending a notice pertaining to that record under sub. (2). In addition, if the record
5subject commences an action under sub. (4), the authority shall not provide access
6to the requested record during pendency of the action. If the record subject appeals
7or petitions for review of a decision of the court or the time for appeal or petition for
8review of a decision adverse to the record subject has not expired, the authority shall
9not provide access to the requested record until any appeal is decided, until the
10period for appealing or petitioning for review expires, until a petition for review is
11denied, or until the authority receives written notice from the record subject that an
12appeal or petition for review will not be filed, whichever occurs first.
AB621-ASA1,7,15 13(6) The court may restrain the authority from providing access to the requested
14record. The court shall apply substantive common law principles construing the
15right to inspect, copy, or receive copies of records in making its decision.
AB621-ASA1,7,21 16(7) The court shall not grant any request by a requester to delay the
17proceedings. The court shall issue a decision within 10 days after the filing of the
18summons and complaint and proof of service of the summons and complaint upon the
19defendant and the requester, unless a party demonstrates cause for extension of this
20period. In any event, the court shall issue a decision within 30 days after those filings
21are complete.
AB621-ASA1,7,24 22(8) If a party appeals a decision of the court under sub. (7), the court of appeals
23shall grant precedence to the appeal over all other matters not accorded similar
24precedence by law.
AB621-ASA1, s. 5 25Section 5. 19.36 (10) and (11) of the statutes are created to read:
AB621-ASA1,8,6
119.36 (10) Employee personnel records. Unless access is specifically
2authorized or required by statute, an authority shall not provide access to records
3containing the following information under s. 19.35 (1), except to an employee or the
4employee's representative to the extent required under s. 103.13 or to a collective
5bargaining representative to the extent required to fulfill a duty to bargain under ch.
6111 or pursuant to a collective bargaining agreement under ch. 111:
AB621-ASA1,8,97 (a) Information prepared or provided by an employer concerning the home
8address or telephone number of an employee, unless the employee authorizes the
9authority to provide access to such information.
AB621-ASA1,8,1210 (b) Information relating to the current investigation of a possible criminal
11offense or possible misconduct connected with employment by an employee prior to
12disposition of the investigation.
AB621-ASA1,8,1413 (c) Information pertaining to an employee's employment examination, except
14an examination score if access to that score is not otherwise prohibited.
AB621-ASA1,8,2015 (d) Information relating to one or more specific employees that is used by an
16authority or by the employer of the employees for staff management planning,
17including performance evaluations, judgments or recommendations concerning
18future salary adjustments or other wage treatments, management bonus plans,
19promotions, job assignments, letters of reference, or other comments or ratings
20relating to employees.
AB621-ASA1,8,25 21(11) Information relating to certain employees. Except as otherwise
22authorized or required by statute, no authority may permit access to a record
23prepared or provided by an employer, other than an authority, that contains
24personally identifiable information relating to an employee of that employer, unless
25the employee authorizes the authority to provide access to that information.
AB621-ASA1, s. 6
1Section 6. 22.21 of the statutes is created to read:
AB621-ASA1,9,7 222.21 Privacy and security information officers. (1) The chief
3information officer shall appoint an employee of the department to serve as a privacy
4information officer. The privacy information officer shall provide information to
5employees of the department and other persons who are or may be the subject of any
6information maintained or processed by the department concerning applicable laws,
7rules, and regulations governing the protection of privacy.
AB621-ASA1,9,10 8(2) The chief information officer shall appoint an employee of the department
9to serve as a security information officer. The security information officer shall
10ensure the security of information maintained or processed by the department.
AB621-ASA1, s. 7 11Section 7. 36.11 (35) (title) of the statutes is renumbered 36.32 (title).
AB621-ASA1, s. 8 12Section 8. 36.11 (35) of the statutes is renumbered 36.32 (2) and amended to
13read:
AB621-ASA1,9,2214 36.32 (2) The board An institution of higher education may assign to each
15student enrolled in the system institution a unique identification number. The board
16An institution of higher education shall not assign to any student an identification
17number that is identical to or incorporates the student's social security number. This
18subsection does not prohibit the board an institution of higher education from
19requiring a student to disclose his or her social security number, nor from using a
20student's social security number if such use is required by a federal or state agency
21or private organization in order for the system or the student to participate in a
22particular program.
AB621-ASA1, s. 9 23Section 9. 36.32 (1) of the statutes is created to read:
AB621-ASA1,9,2524 36.32 (1) In this section, "institution of higher education" means an institution
25within the system, or a private educational institution located in this state that

1awards a bachelor's or higher degree or provides a program that is acceptable toward
2such a degree.
AB621-ASA1, s. 10 3Section 10. 36.38 of the statutes is created to read:
AB621-ASA1,10,9 436.38 Policy on privacy in athletic locker rooms. Each institution and
5college campus shall adopt a written policy on who may enter and remain, to
6interview or seek information from any person, in a locker room being used by an
7athletic team representing the institution or college campus. The policy shall reflect
8the privacy interests of members of athletic teams representing the institution or
9college campus.
AB621-ASA1, s. 11 10Section 11. 38.12 (12) of the statutes is created to read:
AB621-ASA1,10,1511 38.12 (12) Policy on privacy in athletic locker rooms. The district board shall
12adopt a written policy on who may enter and remain, to interview or seek information
13from any person, in a locker room being used by an athletic team representing the
14district. The policy shall reflect the privacy interests of members of athletic teams
15representing the district.
AB621-ASA1, s. 12 16Section 12. 39.49 of the statutes is created to read:
AB621-ASA1,10,21 1739.49 Policy on privacy in athletic locker rooms. (1) In this section,
18"institution of higher education" means a private educational institution that
19awards a bachelor's or higher degree or provides a program that is acceptable for
20credit toward such a degree, and that fields an athletic team that represents the
21institution.
AB621-ASA1,11,2 22(2) Each institution of higher education shall adopt a written policy on who
23may enter and remain, to interview or seek information from any person, in a locker
24room being used by an athletic team representing the institution. The policy shall

1reflect the privacy interests of members of athletic teams representing the
2institution.
AB621-ASA1, s. 13 3Section 13. 40.07 (1) (intro.) and (3) of the statutes are amended to read:
AB621-ASA1,11,74 40.07 (1) (intro.) Notwithstanding any other statutory provision, individual
5personal information in the records of the department is not a public record and shall
6not be disclosed, unless
subject to access under s. 19.35 (1), but access to that
7information may be provided, unless prohibited under s. 19.36 (10), if
:
AB621-ASA1,11,10 8(3) The department shall not furnish lists of participants, annuitants or
9beneficiaries to any person or organization except as permitted under s. 19.36 (10)
10and
as required for the proper administration of the department.
AB621-ASA1, s. 14 11Section 14. 48.236 (4) (a) of the statutes is amended to read:
AB621-ASA1,12,712 48.236 (4) (a) Inspect any reports and records relating to the child who is the
13subject of the proceeding, the child's family, and any other person residing in the
14same home as the child that are relevant to the subject matter of the proceeding,
15including records discoverable under s. 48.293, examination reports under s. 48.295
16(2), law enforcement reports and records under ss. 48.396 (1) and 938.396 (1), court
17records under ss. 48.396 (2) (a) and 938.396 (2) (a), social welfare agency records
18under ss. 48.78 (2) (a) and 938.78 (2) (a), abuse and neglect reports and records under
19s. 48.981 (7) (a) 11r., and pupil records under s. 118.125 (2) (L). The order shall also
20require the custodian of any report or record specified in this paragraph to permit
21the court-appointed special advocate to inspect the report or record on presentation
22by the court-appointed special advocate of a copy of the order. A court-appointed
23special advocate that obtains access to a report or record described in this paragraph
24shall keep the information contained in the report or record confidential and may
25disclose that information only to the court. If a court-appointed special advocate

1discloses any information to the court under this paragraph, the court-appointed
2special advocate shall also disclose that information to all parties to the proceeding.
3If a court-appointed special advocate discloses information in violation of the
4confidentiality requirement specified in this paragraph, the court-appointed special
5advocate is liable to any person damaged as a result of that disclosure for such
6damages as may be proved and, notwithstanding s. 814.04 (1), for such costs and
7reasonable actual attorney fees as may be incurred by the person damaged.
AB621-ASA1, s. 15 8Section 15. 48.396 (1) of the statutes is amended to read:
AB621-ASA1,13,49 48.396 (1) Law enforcement officers' records of children shall be kept separate
10from records of adults. Law enforcement officers' records of the adult expectant
11mothers of unborn children shall be kept separate from records of other adults. Law
12enforcement officers' records of children and the adult expectant mothers of unborn
13children shall not be open to inspection or their contents disclosed except under sub.
14(1b), (1d), (1h), (1j), (1k), or (5) or s. 48.293 or by order of the court. This subsection
15does not apply to the representatives of newspapers or other reporters of news the
16news media
who wish to obtain information for the purpose of reporting news
17without revealing the identity of the child or adult expectant mother involved,; to the
18confidential exchange of information between the police and an agency, as defined
19in s. 48.38 (1) (a) or 938.78 (1),
officials of the school attended by the child, or other
20law enforcement or social welfare agencies; or to children 10 years of age or older who
21are subject to the jurisdiction of the court of criminal jurisdiction. A public school
22official who obtains information under this subsection shall keep the information
23confidential as required under s. 118.125, and a private school official who obtains
24information under this subsection shall keep the information confidential in the
25same manner as is required of a public school official under s. 118.125. A law

1enforcement agency that obtains information under this subsection shall keep the
2information confidential as required under this subsection and s. 938.396 (1). A
3social welfare agency that obtains information under this subsection shall keep the
4information confidential as required under ss. 48.78 and 938.78.
AB621-ASA1, s. 16 5Section 16. 48.396 (1h) of the statutes is created to read:
AB621-ASA1,13,146 48.396 (1h) If requested by another law enforcement agency, a law enforcement
7agency may, subject to official agency policy, disclose to the other law enforcement
8agency any information in its records relating to a child or an adult expectant mother
9of an unborn child as necessary for the other law enforcement agency to pursue an
10investigation of any alleged criminal or delinquent activity. A law enforcement
11agency that obtains information under this paragraph shall keep the information
12confidential as required under sub. (1) and s. 938.396 (1) and may disclose the
13information only for the purpose of pursuing that investigation or as permitted under
14sub. (1) or s. 938.396 (1).
AB621-ASA1, s. 17 15Section 17. 48.396 (1j) of the statutes is created to read:
AB621-ASA1,14,416 48.396 (1j) If requested by a court assigned to exercise jurisdiction under this
17chapter and ch. 938, a court exercising jurisdiction under s. 48.16, a court exercising
18jurisdiction under s. 938.17 (2), or a person representing the interests of the public
19under s. 48.09 or 938.09, a law enforcement agency may, subject to official agency
20policy, disclose to the requester any information in its records relating to a child or
21an adult expectant mother of an unborn child as necessary for the court to conduct,
22or the person representing the interests of the public to prepare for, any proceedings
23in the court. A court that obtains information under this paragraph shall keep the
24information confidential as required under sub. (2) (a) and s. 938.396 (2) (a) and may
25disclose the information only for the purpose of conducting those proceedings or as

1permitted under sub. (2) (a) and s. 938.396 (2) (a). A person representing the
2interests of the public who obtains any information under this paragraph shall keep
3the information confidential and may disclose the information only as necessary for
4the person to perform the person's official duties relating to those proceedings.
AB621-ASA1, s. 18 5Section 18. 48.396 (1k) of the statutes is created to read:
AB621-ASA1,14,146 48.396 (1k) If requested by any person authorized to provide intake or
7dispositional services under s. 48.067, 48.069, 938.067, or 938.069 or any other
8person employed by an agency, as defined in s. 48.38 (1) (a) or 938.78 (1), to provide
9any other professional services, a law enforcement agency may, subject to official
10agency policy, disclose to the person any information in its records relating to a child
11or an adult expectant mother of an unborn child as necessary for the person to
12provide those services. A person who obtains any information under this paragraph
13shall keep the information confidential and may disclose the information only as
14necessary for the person to provide those services.
AB621-ASA1, s. 19 15Section 19. 48.396 (2) (c) of the statutes is created to read:
AB621-ASA1,14,2516 48.396 (2) (c) Upon request of any law enforcement agency to review court
17records for the purpose of pursuing an investigation of any alleged delinquent or
18criminal activity, the court shall open for inspection by any authorized
19representative of the requester the records of the court relating to a child or an adult
20expectant mother of an unborn child who has been the subject of a proceeding under
21this chapter as necessary for the law enforcement agency to pursue the investigation.
22A law enforcement agency that obtains information under this paragraph shall keep
23the information confidential as required under sub. (1) and s. 938.396 (1) and may
24disclose the information only for the purpose of pursuing that investigation or as
25permitted under sub. (1) or s. 938.396 (1).
AB621-ASA1, s. 20
1Section 20. 48.396 (2) (g) of the statutes is renumbered 48.396 (2) (gm) and
2amended to read:
AB621-ASA1,15,173 48.396 (2) (gm) Upon request of any other court assigned to exercise
4jurisdiction under this chapter and ch. 938, a district attorney or corporation counsel
5any court exercising jurisdiction under s. 48.16, any court exercising jurisdiction
6under s. 938.17 (2), or any person representing the interests of the public under s.
748.09 or 938.09
to review court records for the purpose of conducting or preparing for
8any proceeding in that other court, the court shall open for inspection by any
9authorized representative of the requester the records of the court relating to any
10child who has been the subject of a proceeding under this chapter. A court that
11obtains information under this paragraph shall keep the information confidential as
12required under par. (a) and s. 938.396 (2) (a) and may disclose the information only
13for the purpose of conducting those proceedings or as permitted under par. (a) and
14s. 938.396 (2) (a). A person representing the interests of the public who obtains any
15information under this paragraph shall keep the information confidential and may
16disclose the information only as necessary for the person to perform the person's
17official duties relating to that proceeding.
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