LRB-4889/1
JTK:jlg:hmh
1997 - 1998 LEGISLATURE
March 16, 1998 - Introduced by Representatives Schneider, R. Young, Albers,
Ryba, Turner, Gronemus, Grothman, Ott, Wasserman, Kreuser, Hasenohrl,
Staskunas and Robson, cosponsored by Senators Drzewiecki, Darling and
Schultz. Referred to Joint committee on Information Policy.
AB908,1,2
1An Act to create 13.0991 of the statutes;
relating to: preparation of privacy
2impact statements for bills that would impact personal privacy.
Analysis by the Legislative Reference Bureau
This bill provides that whenever a bill is introduced in either house of the
legislature that would have an impact upon personal privacy, any standing
committee to which the bill is referred must not hold a public hearing on the bill or
report the bill until a privacy impact statement is prepared and received. The
statement is prepared by one or more state agencies or authorities, as determined
by the department of administration. The statement describes the impact upon
personal privacy that would result from enactment of the bill and analyzes the
desirability of that impact from the standpoint of public policy. The bill also permits
either house of the legislature, under rules of that house or joint rules, to request the
department of administration to order the preparation of a privacy impact statement
with respect to any bill before that house, either in its original form or as affected by
one or more amendments.
Under the bill, a bill has an impact on personal privacy if the bill would:
1. Provide for the creation of additional personally identifiable information
that is not readily available to the public at the time the bill is introduced.
2. Create an activity that would constitute an intrusion upon the privacy of an
individual, or alter an activity in such a way as to create such an intrusion.
3. Utilize the name, picture or likeness of an individual without the consent of
the individual, or the consent of the individual's parent or guardian if the individual
is a minor; or
4. Permit or cause publicity to be given to the private life of an individual.
For further information see the state 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:
AB908, s. 1
1Section
1. 13.0991 of the statutes is created to read:
AB908,2,2
213.0991 Privacy impact statements. (1) In this section:
AB908,2,33
(a) "Authority" means a body created under ch. 231, 232, 233, 234 or 235.
AB908,2,54
(b) "Impact upon personal privacy" means that a bill would do one or more of
5the following:
AB908,2,76
1. Provide for the creation of additional personally identifiable information
7that is not readily available to the public at the time the bill is introduced.
AB908,2,98
2. Create an activity that would constitute an intrusion upon the privacy of an
9individual, or alter an activity in such a way as to create such an intrusion.
AB908,2,1210
3. Utilize the name, picture or likeness of an individual without the consent of
11the individual, or the consent of the individual's parent or guardian if the individual
12is a minor.
AB908,2,1313
4. Permit or cause publicity to be given to the private life of an individual.
AB908,2,1514
(c) "Personally identifiable information" has the meaning given under s. 19.62
15(5).
AB908,2,2016
(d) "State agency" means an office, department, independent agency,
17institution of higher education, association, society or other body in state
18government created or authorized to be created by the constitution or any law, which
19is entitled to expend moneys appropriated by law, including the legislature and the
20courts, but not including an authority.
AB908,3,3
1(2) (a) Whenever a bill is introduced in either house of the legislature that
2would have an impact upon personal privacy, the legislative reference bureau shall
3promptly transmit a copy of the bill to the department of administration.
AB908,3,94
(b) Either house of the legislature may, under rules of that house or joint rules
5of the legislature, request the department of administration to order the preparation
6of a privacy impact statement with respect to any bill before that house, either in its
7original form or as affected by one or more amendments. If a house so requests, the
8chief clerk of that house shall thereupon transmit a copy of that bill and any affected
9amendments to the department of administration.
AB908,3,14
10(3) Upon receipt of a bill under sub. (2), the department of administration shall
11direct one or more state agencies or authorities to prepare a privacy impact
12statement with respect to that bill. Each privacy impact statement shall describe the
13impact upon personal privacy that would result from enactment of the bill and
14analyze the desirability of that impact from the standpoint of public policy.
AB908,3,17
15(4) Each state agency or authority receiving a bill under sub. (3) shall provide
16the statement required under sub. (3) to the department of administration within 15
17days of the department's directive.
AB908,3,23
18(5) Upon receiving a privacy impact statement under sub. (4), the department
19of administration shall provide one copy to the legislative reference bureau, one copy
20to the principal author of the bill and one copy to the chief clerk of the house of the
21legislature in which the bill originated. The chief clerk shall thereupon print and
22distribute the statement in the same manner as amendments to the bill are printed
23and distributed.
AB908,4,3
24(6) Whenever a bill requires preparation of a privacy impact statement under
25this section, the legislative reference bureau shall include a notation to that effect
1on the jacket of the bill when the jacket is prepared. If the preparation of a privacy
2impact statement is requested by a house of the legislature, the chief clerk of that
3house shall include a notation to that effect on the jacket of the bill.
AB908,4,7
4(7) Whenever a privacy impact statement is required or requested for any bill
5under this section, any standing committee to which the bill is referred shall not hold
6a public hearing on the bill or report the bill until the statement is received by the
7chief clerk of the house in which the bill originated.
AB908,4,109
(1) This act first applies with respect to bills introduced in the 1999-2001
10legislative session.
