LRB-3009/1
PEN:mfd:arm
1997 - 1998 LEGISLATURE
May 6, 1997 - Introduced by Representative Brandemuehl, cosponsored by
Senator Plache, by request of Department of Transportation. Referred to
Committee on Highways and Transportation.
AB338,1,5 1An Act to repeal 341.17 (9), 343.235 and 343.24; to amend 341.17 (5) and 341.17
2(6); to repeal and recreate 341.08 (1m), 342.06 (1) (i), 343.14 (2m) and 343.51
3(1m); and to create 85.05 of the statutes; relating to: disclosure of personally
4identifiable information by the department of transportation, granting
5rule-making authority and providing penalties.
Analysis by the Legislative Reference Bureau
Under current law, any person registering or titling a motor vehicle or applying
for a driver's license, identification card, or special identification card that confers
special parking privileges to the physically disabled, may elect to have the
department of transportation (DOT) keep his or her personal identifiers confidential.
"Personal identifier" means a name, street address, post-office box number or
9-digit extended zip code. DOT may not disclose such a person's personal identifier
to any requester who has requested the personal identifiers of 10 or more persons.
However, DOT may disclose personal identifiers to law enforcement agencies,
insurers, motor vehicle manufacturers and their agents and other persons
requesting the information to perform a legally authorized function, even over an
individual's request to keep his or her personal identifiers confidential. These
requesters must keep the information confidential except as necessary to perform
the authorized function for which the personal identifier was requested. A person
who willfully requests, obtains or discloses a personal identifier in violation of these
prohibitions may be required to forfeit not more than $500.

This bill prohibits DOT from disclosing personally identifiable information
obtained from an application for motor vehicle registration or titling, a driver's
license, identification card or special identification card to all but persons specifically
authorized to receive the information. "Personally identifiable information" means
information that can be associated with a particular individual through one or more
identifiers or other information or circumstances. Persons specifically authorized to
receive personally identifiable information include state and federal agencies, law
enforcement agencies, manufacturers of motor vehicles for purposes of servicing the
vehicle, any legitimate business in the normal course of its business, researchers,
insurers and any person who has obtained the signed written consent of the person
to whom the personally identifiable information relates. The bill specifies which
requesters who have received personally identifiable information may resell or
redisclose the information to another.
The bill also requires public officers and agencies that receive compiled motor
vehicle registration lists from DOT to keep those lists confidential and closed to
public inspection.
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:
AB338, s. 1 1Section 1. 85.05 of the statutes is created to read:
AB338,2,3 285.05 Prohibition on release and use of personally identifiable
3information.
(1) Definitions. In this section:
AB338,2,54 (a) "Agent" means an authorized person who acts on behalf of or at the direction
5of another person.
AB338,2,66 (b) "Personally identifiable information" has the meaning given in s. 19.62 (5).
AB338,2,77 (c) "State agency" has the meaning given in s. 1.12 (1) (b).
AB338,2,11 8(2) In general. The department may not disclose personally identifiable
9information obtained by the department in connection with a vehicle, operator's
10license or special identification card except as provided in this section and s. 341.17
11(4).
AB338,3,2
1(3) Permissible uses. (a) The department may disclose personally identifiable
2information only as follows:
AB338,3,53 1. For use by any state agency, federal agency or law enforcement agency, as
4defined in s. 165.77 (1) (b), or by an agent of a state agency, federal agency or law
5enforcement agency in carrying out the agency's functions.
AB338,3,116 2. For use in connection with matters of driver safety; motor vehicle safety, theft
7or emissions; motor vehicle product alterations, recalls or advisories; performance
8monitoring by a motor vehicle manufacturer of motor vehicles or motor vehicle parts
9made by that manufacturer or of motor vehicle dealers distributing that
10manufacturer's vehicles; or for the removal, as required by federal law, of nonowner
11records from the original owner records of motor vehicle manufacturers.
AB338,3,1312 3. For use in the normal course of business by a legitimate business, as defined
13by the department by rule, or the agents or contractors of the business, but only:
AB338,3,1514 a. To verify the accuracy of personally identifiable information submitted to the
15business, agent or contractor by the person about whom the information relates; and
AB338,3,1816 b. If the information submitted is not correct, to obtain the correct information,
17but only for the purposes of preventing fraud by, pursuing legal remedies against or
18recovering on a debt or security interest against the individual.
AB338,3,2319 4. For use in connection with any proceeding or action in any federal, state or
20local court, or federal or state agency, or before any self-regulatory body, including
21the service of legal process, investigation in anticipation of litigation, and the
22execution or enforcement of judgments and orders, or pursuant to an order of a
23federal, state or local court.
AB338,4,3
15. For use in any research activities, and for use in producing statistical reports,
2so long as the personally identifiable information is not published, redisclosed or
3used to contact individuals.
AB338,4,74 6. For use by any insurer, as defined in s. 600.03 (27), or insurance support
5organization, as defined by the department by rule, or by the agent or contractor of
6an insurer or insurance support organization, in connection with claims
7investigation activities, antifraud activities, rating or underwriting.
AB338,4,88 7. For use in providing notice to the owner of any towed or impounded vehicle.
AB338,4,119 8. For use by any person holding a private detective license under s. 440.26 (2)
10(a) 2., or a private security permit under s. 440.26 (5), for any purpose permitted
11under this section.
AB338,4,1412 9. For use by an employer or its agent or insurer to obtain or verify information
13relating to a holder of a commercial driver's license that is required under state or
14federal law.
AB338,4,1515 10. For any other use in response to requests for department records.
AB338,4,1816 11. For bulk distribution for surveys, marketing or solicitations, but only if the
17personally identifiable information will be used, rented or sold solely for bulk
18distribution for surveys, marketing or solicitations.
AB338,4,2019 12. For use by any requester who has the written consent to disclosure of the
20individual to whom the information relates.
AB338,4,2221 (b) The department shall disclose personally identifiable information to the
22persons described in par. (a) for the purposes applicable to that person under par. (a).
AB338,5,2 23(4) Resale or redisclosure. (a) Except as provided in par. (b) or (c), a recipient
24of personally identifiable information may resell or redisclose the information only

1for a use permitted under sub. (3) (a). This paragraph does not apply to personally
2identifiable information disclosed under sub. (3) (a) 10. or 11.
AB338,5,43 (b) A person receiving information under sub. (3) (a) 10. may resell or redisclose
4information for any purpose.
AB338,5,65 (c) A person receiving information under sub. (3) (a) 11. may resell or redisclose
6information only pursuant to sub. (3) (a) 11.
AB338,5,117 (d) A person who resells or rediscloses personally identifiable information
8obtained under this section must keep, for a period of 5 years, records identifying
9each person to whom the information is resold or redisclosed and the permitted
10purpose for which the information will be used and must make such records available
11to the department upon request.
AB338,5,18 12(5) Department forms. The department shall provide, in a clear and
13conspicuous manner, on all forms used by the department to obtain personally
14identifiable information, a statement that personally identifiable information
15obtained by the department may be disclosed to any person or business under sub.
16(3) (a) 10. or 11., an opportunity to prohibit such disclosure and a place for a person
17who has made a designation under this subsection to reverse the designation. This
18subsection applies only to forms related to motor vehicles.
AB338,5,24 19(6) Waiver procedures. The department may promulgate rules under which
20the department, upon receiving a request for personally identifiable information for
21a use that is not described in sub. (3) (a), may mail a copy of the request to the person
22about whom the requested information relates, informing that person of the request
23together with a statement to the effect that the information will not be disclosed to
24the requester unless the person consents to the disclosure in writing.
AB338,6,4
1(7) Department rule making. Rules promulgated under this section may not
2conflict with and shall be at least as stringent as standards set by the federal Driver's
3Privacy Protection Act of 1994, 18 USC 2721, and the regulations adopted under that
4act.
AB338,6,6 5(8) The department shall charge the following fees for conducting searches of
6vehicle operators' records:
AB338,6,77 (a) For each file search, $3.
AB338,6,88 (b) For each computerized search, $3.
AB338,6,109 (c) For each search requested by telephone, $4, or an established monthly
10service rate determined by the department.
AB338,6,13 11(9) Penalties. (a) Any person who willfully requests or obtains personally
12identifiable information from the department under this section under false
13pretenses may be required to forfeit not more than $500 for each violation.
AB338,6,1614 (b) Any person who willfully discloses personally identifiable information in
15violation of this section may be required to forfeit not more than $500 for each
16violation.
AB338, s. 2 17Section 2. 341.08 (1m) of the statutes is repealed and recreated to read:
AB338,6,2018 341.08 (1m) The forms for application for original registration and for renewal
19of registration under sub. (1) shall include the information required under s. 85.05
20(5).
AB338, s. 3 21Section 3. 341.17 (5) of the statutes is amended to read:
AB338,6,2422 341.17 (5) Except as provided in sub. (9) (e), public Public officers and agencies
23receiving free copies of registration lists under sub. (4) shall keep such lists current
24and may not open the lists to public inspection.
AB338, s. 4 25Section 4. 341.17 (6) of the statutes is amended to read:
AB338,7,7
1341.17 (6) The Subject to ss. 341.08 (1m) and 342.06 (1) (i), the department
2shall sell subscriptions to the registration lists compiled under this section, and may
3sell other registration information, only for the uses specified under s. 85.05. In
4computing the charge to be made for subscriptions to the registration lists and for
5other registration information, the department shall determine the costs of
6compiling the lists and other information and shall fairly apportion the major share
7of those costs among the subscribers and other purchasers.
AB338, s. 5 8Section 5. 341.17 (9) of the statutes is repealed.
AB338, s. 6 9Section 6. 342.06 (1) (i) of the statutes is repealed and recreated to read:
AB338,7,1010 342.06 (1) (i) The information required under s. 85.05 (5).
AB338, s. 7 11Section 7. 343.14 (2m) of the statutes is repealed and recreated to read:
AB338,7,1312 343.14 (2m) The forms for application for a license or identification card or for
13renewal thereof shall include the information required under s. 85.05 (5).
AB338, s. 8 14Section 8. 343.235 of the statutes is repealed.
AB338, s. 9 15Section 9. 343.24 of the statutes is repealed.
AB338, s. 10 16Section 10. 343.51 (1m) of the statutes is repealed and recreated to read:
AB338,7,1817 343.51 (1m) The form for application for a special identification card under sub.
18(1) shall include the information required under s. 85.05 (5).
AB338, s. 11 19Section 11. Initial applicability.
AB338,7,2120 (1) The treatment of sections 85.05 and 341.17 (5) and (6) of the statutes first
21applies to information requested on the effective date of this subsection.
AB338, s. 12 22Section 12. Effective date.
AB338,7,2423 (1) This act takes effect on September 1, 1997, or on the first day of the 4th
24month beginning after publication, whichever is earlier.
AB338,7,2525 (End)
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