LRBs0115/3
ISR:cmh:kjf
1999 - 2000 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1999 ASSEMBLY BILL 315
September 14, 1999 - Offered by
Committee on Judiciary and Personal Privacy.
AB315-ASA1,1,7
1An Act to repeal 341.17 (9) (d), 343.235 (4) and 343.24 (4) (d);
to renumber and
2amend 85.105;
to amend 341.08 (1m), 341.17 (9) (b), 341.17 (9) (c) 3., 341.17
3(9) (c) 4., 341.17 (9) (e), 343.14 (2m), 343.235 (2), 343.235 (3) (b), 343.235 (5),
4343.24 (4) (b), 343.24 (4) (c) 2., 343.24 (4) (e), 343.50 (4) and 343.51 (1m);
to
5repeal and recreate 342.06 (1) (i); and
to create 85.103 and 85.105 (2) of the
6statutes;
relating to: the disclosure of personal identifiers by the department
7of transportation and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB315-ASA1,1,11
985.103 Disclosure of personal identifiers. (1) In this section, "personal
10identifier" means a name, street address, post-office box number or 9-digit extended
11zip code.
AB315-ASA1,2,10
1(2) The department shall include on any form for application for original
2registration under s. 341.08, for application for renewal of registration under s.
3341.08, for application for a certificate of title under s. 342.06, for application for a
4license or identification card or renewal of a license or identification card under s.
5343.14 and for application for a special identification card under s. 343.51, a place
6for the individual to designate that the individual's personal identifiers may not be
7disclosed in information compiled or maintained by the department that contains the
8personal identifiers of 10 or more individuals, a statement indicating the effect of
9making such a designation and a place for an applicant or registrant who has made
10a designation under this subsection or sub. (3) to reverse the designation.
AB315-ASA1,2,17
11(3) The department shall provide to an individual upon request a form that
12includes a place for the individual to designate that the individual's personal
13identifiers may not be disclosed in information compiled or maintained by the
14department that contains the personal identifiers of 10 or more individuals, a
15statement indicating the effect of making such a designation and a place for an
16applicant or registrant who has made a designation under this subsection or sub. (2)
17to reverse the designation.
AB315-ASA1,2,20
18(4) The department shall treat a designation made under s. 341.08 (1m), 1997
19stats., s. 342.06 (1) (i), 1997 stats., s. 343.14 (2m), 1997 stats., or s. 343.51 (1m), 1997
20stats., as if the designation were made under sub. (2) or (3).
AB315-ASA1,2,25
21(5) In providing a person with any information that is collected or prepared by
22the department and that consists in whole or in part of the personal identifiers of 10
23or more persons, the department may not disclose the personal identifier of any
24person who has made a designation under sub. (2) or (3), except as provided in sub.
25(6).
AB315-ASA1,3,3
1(6) The department may disclose the personal identifier of any person who has
2made a designation under sub. (2) or (3) if the department discloses the personal
3identifier under s. 341.17 (9), 343.235 (2), 343.24 (3) and (4) or 343.245 (3m).
AB315-ASA1,3,5
4(7) (a)
The department shall establish by rule a reasonable period for
5complying with designations made under subs. (2) and (3).
AB315-ASA1,3,106
(b) If an unanticipated number of designations result in the department not
7being able to comply with a reasonable effort with designations made under subs. (2)
8and (3) within the period established by the department under par. (a), the
9department may establish the temporary extension by rule, using the procedure
10under s. 227.24.
AB315-ASA1, s. 2
11Section
2. 85.105 of the statutes is renumbered 85.105 (1) and amended to
12read:
AB315-ASA1,3,2013
85.105
(1) Notwithstanding s. 343.24 (2m), the department may contract with
14a person to periodically furnish that person with any records on computer tape or
15other electronic media that contain information from files of motor vehicle accidents
16or uniform traffic citations and
which that were produced for or developed by the
17department for purposes related to maintenance of the operating record file data
18base. The department and the person desiring to contract with the department shall
19make a good faith effort to negotiate the purchase price for the records to be provided
20under this section.
AB315-ASA1,4,222
85.105
(2) Beginning with contracts entered into, extended, modified or
23renewed on the effective date of this subsection .... [revisor inserts date], in providing
24information under this section that contains the personal identifiers, as defined in
1s. 85.103 (1), of 10 or more individuals, the department may not include a personal
2identifier of any person who has made a designation under s. 85.103 (2) or (3).
AB315-ASA1,4,124
341.08
(1m) The forms for application for original registration and for renewal
5of registration under sub. (1)
or another form provided by the department shall
6include
a place for an applicant or registrant under this chapter who is a natural
7person to designate that the applicant's or registrant's name, street address,
8post-office box number and 9-digit extended zip code may not be disclosed as
9provided in s. 341.17 (9) a statement indicating the effect of making such a
10designation and a place for an applicant or registrant who has made a designation
11under this subsection to reverse the designation the information required under s.
1285.103 (2).
AB315-ASA1, s. 5
13Section
5. 341.17 (9) (b) of the statutes is amended to read:
AB315-ASA1,4,1914
341.17
(9) (b) In providing copies under this section or s. 19.35 (1) (a) of any
15written information collected or prepared under this chapter or ch. 342 which
16consists in whole or in part of the personal identifiers of 10 or more persons, the
17department may not disclose a personal identifier of any person who has made a
18designation under s.
341.08 (1m) or 342.06 (1) (i) that his or her personal identifiers
19may not be disclosed as provided in this subsection 85.103 (2) or (3).
AB315-ASA1, s. 6
20Section
6. 341.17 (9) (c) 3. of the statutes is amended to read:
AB315-ASA1,4,2521
341.17
(9) (c) 3. An insurer authorized to write property and casualty
or life,
22disability or long-term care insurance in this state or an agent of the insurer, if the
23insurer or agent uses the personal identifiers designated for nondisclosure under s.
24341.08 (1m) or 342.06 (1) (i) 85.103 (2) or (3) for purposes of issuing or renewing a
25policy and related underwriting, billing or processing or paying a claim.
AB315-ASA1, s. 7
1Section
7. 341.17 (9) (c) 4. of the statutes is amended to read:
AB315-ASA1,5,52
341.17
(9) (c) 4. A person obtaining registration or title information for use in
3the conduct of a vehicle recall by the manufacturer of the vehicle or an agent of the
4manufacturer, if the person uses the personal identifiers designated for
5nondisclosure under s.
341.08 (1m) or 342.06 (1) (i)
85.103 (2) or (3) for vehicle recalls.
AB315-ASA1,5,118
341.17
(9) (e) Any person who has received under par. (c) a personal identifier
9of any person who has made a designation under s.
341.08 (1m) or 342.06 (1) (i) 1085.103 (2) or (3) shall keep the personal identifier confidential and may not disclose
11it except for a purpose applicable to that person under par. (c).
AB315-ASA1, s. 10
12Section
10. 342.06 (1) (i) of the statutes is repealed and recreated to read:
AB315-ASA1,5,1313
342.06
(1) (i) The information required under s. 85.103 (2).
AB315-ASA1,5,2215
343.14
(2m) The forms for application for a license or identification card or for
16renewal thereof
or another form provided by the department shall include
a place for
17an applicant, licensee or identification card holder to designate that his or her name,
18street address, post-office box number and 9-digit extended zip code may not be
19disclosed as provided in s. 343.235 or 343.24 (4), a statement indicating the effect of
20making such a designation and a place for an applicant, licensee or identification
21card holder who has made a designation under this subsection to reverse the
22designation the information required under s. 85.103 (2).
AB315-ASA1,6,424
343.235
(2) In providing copies under s. 19.35 (1) (a) of any written information
25collected or prepared under this chapter which consists in whole or in part of the
1personal identifiers of 10 or more persons, the department may not disclose a
2personal identifier of any person who has made a designation under s.
343.14 (2m)
3or 343.51 (1m) that his or her personal identifiers may not be disclosed as provided
4in this section 85.103 (2) or (3).
AB315-ASA1,6,96
343.235
(3) (b) An insurer authorized to write property and casualty
or life,
7disability or long-term care insurance in this state or an agent of the insurer, if the
8insurer or agent uses the personal identifiers for purposes of issuing or renewing a
9policy and related underwriting, billing or processing or paying a claim.
AB315-ASA1,6,1512
343.235
(5) Any person who has received under sub. (3) a personal identifier
13of any person who has made a designation under s.
343.14 (2m) or 343.51 (1m) 85.103
14(2) or (3) shall keep the personal identifier confidential and may not disclose it except
15for a purpose applicable to that person under sub. (3).
AB315-ASA1,6,2017
343.24
(4) (b) In furnishing 10 or more operating records to a person under sub.
18(1) or (2m), the department may not disclose a personal identifier of any person who
19has made a designation under s.
343.14 (2m) that his or her personal identifiers may
20not be released as provided in this subsection 85.103 (2) or (3).
AB315-ASA1, s. 17
21Section
17. 343.24 (4) (c) 2. of the statutes is amended to read:
AB315-ASA1,6,2522
343.24
(4) (c) 2. An insurer authorized to write property and casualty
or life,
23disability or long-term care insurance in this state or an agent of the insurer, if the
24insurer or agent uses the names or addresses for purposes of issuing or renewing a
25policy and related underwriting, billing or processing or paying a claim.
AB315-ASA1,7,63
343.24
(4) (e) Any person who has received under par. (c) a personal identifier
4of any person who has made a designation under s.
343.14 (2m) 85.103 (2) or (3) shall
5keep the personal identifier confidential and may not disclose it except for a purpose
6applicable to that person under par. (c).
AB315-ASA1,7,178
343.50
(4) Application. The application for an identification card shall include
9the information required under
s. ss. 85.103 (2) and 343.14 (2) (a) and (b)
and (2m),
10such further information as the department may reasonably require to enable it to
11determine whether the applicant is entitled by law to an identification card and, for
12applicants who are aged 65 years or older, material, as provided by the department,
13explaining the voluntary program that is specified in s. 71.55 (10) (b). The
14department shall, as part of the application process, take a photograph of the
15applicant to comply with sub. (3). No application may be processed without the
16photograph being taken. Misrepresentations are punishable as provided in s. 343.14
17(5).
AB315-ASA1,8,219
343.51
(1m) The form for application for a special identification card under sub.
20(1)
or another form provided by the department shall include
a place for an applicant
21or special identification card holder who is a natural person to designate that his or
22her name, street address, post-office box number and 9-digit extended zip code may
23not be disclosed as provided under s. 343.235, a statement indicating the effect of
24making such a designation and a place for an applicant or special identification card
1holder who has made a designation under this subsection to reverse the designation 2the information required under s. 85.103 (2).
AB315-ASA1,8,64
(1)
The treatment of sections 85.103 (5) and (6), 341.17 (9) (b), 343.235 (2) and
5343.24 (4) (b) of the statutes first applies to requests for information received by the
6department of transportation on the effective date of this subsection.
AB315-ASA1,8,98
(1)
This act takes effect on the first day of the 6th month beginning after
9publication.