AB621: Bill Text

AB621,10,21 2. Information prepared or provided by an employer concerning the home address or telephone number of an employee of that employer, if the employee has not consented for the authority to provide access to that information.

AB621,11,2 3. Information relating to one or more employees that is used by the authority or by the employer of the employees for staff management planning or employee evaluation, including employee performance evaluations, judgments or recommendations concerning future salary adjustments or other employee wage treatments, management employee bonus plans, promotions, job assignments, letters of reference, or other comments or ratings relating to individual employees.

AB621,11,7 4. Information pertaining to an employee's employment examination, except an examination score if access to that score is not otherwise prohibited. This subdivision does not apply to information relating to the hiring or recruitment process that is exchanged between the department of employment relations and an authority that is a unit of state government.

AB621,11,12 (b) Paragraph (a) does not apply to an authority who provides access to a record pertaining to an employee to the employee who is the subject of the record or to his or her 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 or pursuant to a collective bargaining agreement under ch. 111.

AB621,11,15 (c) Paragraph (a) does not apply to access to a record produced in relation to a function specified in s. 106.54 or 230.45 or subch. II of ch. 111 if the record is provided by an authority having responsibility for that function.

AB621,11,17 (3) The notice under sub. (2) (a) shall briefly describe the requested record and include a description of the rights of the record subject under this section.

AB621,11,20 (4) Within 5 days after receipt of a notice under sub. (2) (a), any record subject may provide written notification to the authority of his or her intent to seek a court order restraining the authority from providing access to the requested record.

AB621,11,25 (5) Within 10 days after receipt of a notice under sub. (2) (a), any record subject may commence an action seeking a court order to restrain the authority from providing access to the requested record. If a record subject commences such an action, the record subject shall name the authority as a defendant. The record subject shall also join the requester as a party to the action under s. 803.03.

AB621,12,10 (6) An authority shall not provide access to a requested record within 12 days of sending a notice pertaining to that record under sub. (2) (a). In addition, if the record subject commences an action under sub. (5), the authority shall not provide access to the requested record during pendency of the action. If the record subject appeals or petitions for review of a decision of the court or the time for appeal or petition for review of a decision adverse to the record subject has not expired, the authority shall not provide access to the requested record until any appeal is decided, until the period for appealing or petitioning for review expires, until a petition for review is denied, or until the authority receives written notice from the record subject that an appeal or petition for review will not be filed, whichever occurs first.

AB621,12,15 (7) If the record subject demonstrates that the harm to his or her privacy or reputational interests caused by disclosure of the information contained in the requested record outweighs the public interest in disclosure of that information, the court shall restrain the authority from providing access to that record under s. 19.35 (1).

AB621,12,21 (8) The court shall not grant any request by a requester to delay the proceedings. The court shall issue a decision within 10 days after the filing of the summons and complaint and proof of service of the summons and complaint upon the defendant and the requester, unless a party demonstrates cause for extension of this period. In any event, the court shall issue a decision within 30 days after those filings are complete.

AB621,12,24 (9) If a party appeals a decision of the court under sub. (8), the court of appeals shall grant precedence to the appeal over all other matters not accorded similar precedence by law.

AB621, s. 4 Section 4. 19.37 (2) (c) of the statutes is created to read:

AB621,13,2 19.37 (2) (c) This subsection does not apply to any action filed by a record subject against an authority under s. 19.356.

AB621, s. 5 Section 5. 22.21 of the statutes is created to read:

AB621,13,9 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.

AB621,13,12 (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, s. 6 Section 6. 36.11 (35) (title) of the statutes is renumbered 36.32 (title).

AB621, s. 7 Section 7. 36.11 (35) of the statutes is renumbered 36.32 (2) and amended to read:

AB621,13,24 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, s. 8 Section 8. 36.32 (1) of the statutes is created to read:

AB621,14,4 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, s. 9 Section 9. 36.38 of the statutes is created to read:

AB621,14,11 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, s. 10 Section 10. 38.12 (12) of the statutes is created to read:

AB621,14,17 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, s. 11 Section 11. 39.49 of the statutes is created to read:

AB621,14,23 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.

AB621,15,3 (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, s. 12 Section 12. 40.07 (4) of the statutes is created to read:

AB621,15,6 40.07 (4) Section 19.356 does not apply to any request for information described in this section.

AB621, s. 13 Section 13. 40.51 (8) of the statutes is amended to read:

AB621,15,11 40.51 (8) Every health care coverage plan offered by the state under sub. (6) shall comply with ss. 610.65, 631.89, 631.90, 631.93 (2), 631.95, 632.72 (2), 632.746 (1) to (8) and (10), 632.747, 632.748, 632.83, 632.835, 632.85, 632.853, 632.855, 632.87 (3) to (5), 632.895 (5m) and (8) to (14), and 632.896.

AB621, s. 14 Section 14. 40.51 (8m) of the statutes is amended to read:

AB621,15,15 40.51 (8m) Every health care coverage plan offered by the group insurance board under sub. (7) shall comply with ss. 610.65, 631.95, 632.746 (1) to (8) and (10), 632.747, 632.748, 632.83, 632.835, 632.85, 632.853, 632.855, and 632.895 (11) to (14).

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

AB621,16,12 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 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, s. 16 Section 16. 48.396 (1h) of the statutes is created to read:

AB621,16,22 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 subdivision 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, s. 17 Section 17. 48.396 (1j) of the statutes is created to read:

AB621,17,12 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 subdivision 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 subdivision 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, s. 18 Section 18. 48.396 (1k) of the statutes is created to read:

AB621,17,20 48.396 (1k) If requested by any person designated to provide intake services under s. 48.067 or 938.067, 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 designated to provide intake services who obtains any information under this subdivision shall keep the information confidential and may disclose the information only as necessary for the person to provide those services.

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

AB621,18,6 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, s. 20 Section 20. 48.396 (2) (g) of the statutes is renumbered 48.396 (2) (gm) and amended to read:

AB621,18,23 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, s. 21 Section 21. 48.396 (2) (gr) of the statutes is created to read:

AB621,19,8 48.396 (2) (gr) Upon request of any person designated to provide intake services under s. 48.067 or 938.067 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 designated to provide intake services 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, s. 22 Section 22. 48.396 (5) (a) (intro.) of the statutes is amended to read:

AB621,19,13 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, s. 23 Section 23. 66.0137 (4) of the statutes is amended to read:

AB621,19,20 66.0137 (4) Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employees on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 610.65, 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and (5), 632.895 (9) to (14), 632.896, and 767.25 (4m) (d).

AB621, s. 24 Section 24. 74.80 of the statutes is created to read:

AB621,19,23 74.80 Internet information. No taxation district may put photographs of residential property located within the taxation district on the Internet.

AB621, s. 25 Section 25. 100.52 (1) (bg) and (br) of the statutes are created to read:

AB621,20,3 100.52 (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.

AB621,20,6 (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, s. 26 Section 26. 100.52 (4) (a) 4. of the statutes is created to read:

AB621,20,8 100.52 (4) (a) 4. Use a blocking service when making a telephone solicitation.

AB621, s. 27 Section 27. 111.91 (2) (kc) of the statutes is amended to read:

AB621,20,11 111.91 (2) (kc) Compliance with the insurance requirements under s. ss. 610.65 and 631.95.

AB621, s. 28 Section 28. 118.39 of the statutes is created to read:

AB621,20,19 118.39 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, s. 29 Section 29. 120.13 (2) (g) of the statutes is amended to read:

AB621,20,24 120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d), 610.65, 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and (5), 632.895 (9) to (14), 632.896, and 767.25 (4m) (d).

AB621, s. 30 Section 30. 146.81 (1) (fm) of the statutes is amended to read:

AB621,21,1 146.81 (1) (fm) A pharmacist or pharmacy licensed under ch. 450.

AB621, s. 31 Section 31. 146.81 (4) of the statutes is amended to read:

AB621,21,10 146.81 (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, s. 32 Section 32. 146.82 (2) (bm) of the statutes is created to read:

AB621,21,14 146.82 (2) (bm) 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, s. 33 Section 33. 146.84 (1) (d) of the statutes is created to read:

AB621,21,20 146.84 (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, s. 34 Section 34. 146.84 (5) of the statutes is created to read:

AB621,21,24 146.84 (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, s. 35 Section 35. 175.22 of the statutes is created to read:

AB621,22,5 175.22 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, s. 36 Section 36. 185.981 (4t) of the statutes is amended to read:

AB621,22,10 185.981 (4t) A sickness care plan operated by a cooperative association is subject to ss. 252.14, 610.65, 631.17, 631.89, 631.95, 632.72 (2), 632.745 to 632.749, 632.85, 632.853, 632.855, 632.87 (2m), (3), (4), and (5), 632.895 (10) to (14), and 632.897 (10) and chs. 149 and 155.

AB621, s. 37 Section 37. 185.983 (1) (intro.) of the statutes is amended to read:

AB621,22,18 185.983 (1) (intro.) Every such voluntary nonprofit sickness care plan shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 610.65, 611.67, 619.04, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.745 to 632.749, 632.775, 632.79, 632.795, 632.85, 632.853, 632.855, 632.87 (2m), (3), (4), and (5), 632.895 (5) and (9) to (14), 632.896, and 632.897 (10) and chs. 609, 630, 635, 645, and 646, but the sponsoring association shall:

AB621, s. 38 Section 38. 230.08 (4) (b) 5. of the statutes is created to read:

AB621,22,22 230.08 (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, s. 39 Section 39. 301.029 (2) (a) of the statutes is amended to read:

AB621,23,3 301.029 (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, s. 40 Section 40. 609.837 of the statutes is created to read:

AB621,23,7 609.837 Prohibiting social security numbers on identification cards. Defined network plans, preferred provider plans, and limited service health organizations are subject to s. 610.65.

AB621, s. 41 Section 41. 610.65 of the statutes is created to read: