The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB322, s. 1 1Section 1. 19.36 (13) of the statutes is created to read:
AB322,3,52 19.36 (13) Access to certain records on Internet sites. (a) Except as provided
3in par. (b), no authority that maintains an Internet site may post on that site any
4record containing the name of an individual, together with any of the following
5information pertaining to that individual:
AB322,3,66 1. The individual's birth date.
AB322,3,77 2. The number of an operator's license issued to the individual under ch. 343.
AB322,3,98 3. Except as provided in par. (b), the telephone number at the individual's place
9of employment.
AB322,3,1010 4. The unpublished home telephone number of the individual.
AB322,3,1111 (b) This subsection does not apply to any of the following:
AB322,3,1412 1. The publication or electronic posting of the telephone number at an
13individual's place of employment by an authority that is the employer of the
14individual.
AB322,3,1615 2. The posting of any information that is required to be provided under s. 301.45
16(2).
AB322, s. 2 17Section 2. 19.36 (14) of the statutes is created to read:
AB322,3,1918 19.36 (14) Social security account numbers. (a) In this subsection,
19"employee" includes an individual holding a local public office or a state public office.
AB322,4,9
1(b) Except as provided in par. (c), if a new record containing a social security
2account number of an individual, together with information revealing the identity
3of that individual, is kept by an authority on or after January 1, 2007, or if a record
4in the custody of an authority is modified to insert the social security account number
5of an individual on or after January 1, 2007, and the record contains information
6revealing the identity of that individual, the authority shall delete the social security
7account number before permitting access to the record to any person other than an
8officer or employee of the authority, unless the requester is specifically authorized
9by federal or state law or by the record subject to have access to the number.
AB322,4,1210 (c) Unless otherwise provided by federal or state law, including common law
11principles, a requester may have access to a record containing the social security
12account number of an individual if any of the following applies:
AB322,4,1813 1. The record pertains to that individual alone, to the marital or parental rights
14or responsibilities of that individual and his or her spouse or former spouse, to
15property of that individual held jointly or in common tenancy with one or more other
16individuals, or to a civil legal action or proceeding in which the individual is a
17specifically named party, and the individual provides appropriate identification to
18the custodian.
AB322,4,2219 2. The requester is an authorized representative of an insurer or an
20organization that performs investigations for insurers and the social security
21account number is relevant to an investigation of suspected, anticipated, or actual
22insurance fraud.
AB322,5,523 (d) No authority may provide access under s. 19.35 (1) to any record to which
24access is restricted under par. (b) that contains the social security account number
25of an individual, together with information revealing the identity of that individual,

1to any officer or employee of the authority other than the legal custodian or an
2employee working under the immediate supervision of the custodian unless the
3number is redacted, the officer's or employee's official responsibilities require the
4officer or employee to have access to the number, or the officer or employee is
5authorized by the record subject to have access to the number.
AB322, s. 3 6Section 3. 19.37 (4) of the statutes is renumbered 19.37 (4) (a).
AB322, s. 4 7Section 4. 19.37 (4) (b) and (c) of the statutes are created to read:
AB322,5,128 19.37 (4) (b) If any person misrepresents his or her identity for the purpose of
9obtaining access to the social security account number of another individual under
10s. 19.36 (13) (a), the person may be required to forfeit not more than $1,000 for each
11social security account number obtained by the person by means of such
12misrepresentation.
AB322,5,1713 (c) If an insurer or other person obtains a social security account number under
14s. 19.36 (13) (b) and uses that number for purposes other than an investigation as
15provided in that paragraph, the person may be required to forfeit not more than
16$1,000 for each social security account number used by the person for such
17unauthorized purposes.
AB322, s. 5 18Section 5. 59.20 (3) (d) of the statutes is amended to read:
AB322,5,2219 59.20 (3) (d) Any register of deeds who in good faith makes an erroneous
20determination as to the accessibility of a portion of a record, to members of the public
21under s. 19.36 (6), is not subject to any penalty for denial of access to the record under
22s. 19.37 (4) (a).
AB322, s. 6 23Section 6. 103.135 of the statutes is created to read:
AB322,6,3 24103.135 Records containing social security numbers of employees. (1)
25Definition. In this section, "officer" means an officer of a governmental body, an

1officer or director of a corporation, a member or manager of a limited liability
2company, a partner of a partnership or a joint venture, or an owner of a sole
3proprietorship.
AB322,6,8 4(2) Access prohibited; exceptions. Unless access is authorized under s. 19.36
5(14), no employer may provide access to any record that contains the social security
6account number of an employee of that employer, together with information
7revealing the identity of that employee, to any person unless any of the following
8applies:
AB322,6,99 (a) The number is redacted.
AB322,6,1110 (b) The person is authorized by federal or state law or by the employee who is
11the subject of the record to have access to the number.
AB322,6,1412 (c) The person is an officer, employee, or agent of the employer and the official
13responsibilities of the officer, employee, or agent require him or her to have access
14to the number.
AB322,6,1515 (End)
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