SB45-SSA1-SA1,297,1918 153.50 (3) (d) Require that a purchaser of data under this chapter sign and have
19notarized the data use agreement of the department specified in par. (c).
SB45-SSA1-SA1, s. 2280km 20Section 2280km. 153.50 (3m) of the statutes is created to read:
SB45-SSA1-SA1,297,2521 153.50 (3m) Healthcare provider measures to ensure patient identity
22protection.
A health care provider that is not a hospital or ambulatory surgery
23center shall, before submitting information required by the department under this
24chapter, convert to a payer category code as specified by the department any names
25of an insured's payer or other insured's payer.
SB45-SSA1-SA1, s. 2280kp
1Section 2280kp. 153.50 (4) (intro.) of the statutes is renumbered 153.50 (4)
2(a) (intro.) and amended to read:
SB45-SSA1-SA1,298,53 153.50 (4) (a) (intro.) Under Except as specified in par. (b), under the
4procedures specified in sub. (5), release of patient-identifiable data may be made
5only to any of the following:
SB45-SSA1-SA1, s. 2280kq 6Section 2280kq. 153.50 (4) (a) of the statutes is repealed.
SB45-SSA1-SA1, s. 2280kr 7Section 2280kr. 153.50 (4) (b) to (e) of the statutes are renumbered 153.50 (4)
8(a) 1. to 4.
SB45-SSA1-SA1, s. 2280ks 9Section 2280ks. 153.50 (4) (b) of the statutes is created to read:
SB45-SSA1-SA1,298,1310 153.50 (4) (b) Of information submitted by health care providers that are not
11hospitals or ambulatory surgery centers, patient-identifiable data that contains a
12patient's date of birth may be released under par. (a) only under circumstances as
13specified by rule by the department.
SB45-SSA1-SA1, s. 2280ku 14Section 2280ku. 153.50 (5) (a) (intro.) of the statutes is amended to read:
SB45-SSA1-SA1,298,1815 153.50 (5) (a) (intro.) The department may not release or provide access to
16patient-identifiable data to a person authorized under sub. (4) (a) , (c), (d) or (e)
17unless the authorized person requests the department, in writing, to release the
18patient-identifiable data. The request shall include all of the following:
SB45-SSA1-SA1, s. 2280kv 19Section 2280kv. 153.50 (5) (a) 3. of the statutes is amended to read:
SB45-SSA1-SA1,298,2220 153.50 (5) (a) 3. For a person who is authorized under sub. (4) (a), (c) or (d) to
21receive or have access to patient-identifiable data, evidence, in writing, that
22indicates that authorization.
SB45-SSA1-SA1, s. 2280kw 23Section 2280kw. 153.50 (5) (a) 4. (intro.) of the statutes is amended to read:
SB45-SSA1-SA1,299,3
1153.50 (5) (a) 4. (intro.) For an entity that is authorized under sub. (4) (e) (a)
24.
to receive or have access to patient-identifiable data, evidence, in writing, of all
3of the following:
SB45-SSA1-SA1, s. 2280kx 4Section 2280kx. 153.50 (5) (b) 3. of the statutes is amended to read:
SB45-SSA1-SA1,299,65 153.50 (5) (b) 3. For a person who believes that he or she is authorized under
6sub. (4) (a), the action provided under s. 19.37.".
SB45-SSA1-SA1,299,7 7959. Page 1170, line 22: after that line insert:
SB45-SSA1-SA1,299,8 8" Section 2280p. 153.50 (6) of the statutes is renumbered 153.50 (6) (a).
SB45-SSA1-SA1, s. 2280q 9Section 2280q. 153.50 (6) (b), (c), (d) and (e) of the statutes are created to read:
SB45-SSA1-SA1,299,1210 153.50 (6) (b) The department may not require under this chapter a health care
11provider that is a hospital or ambulatory surgery center to submit uniform patient
12billing forms.
SB45-SSA1-SA1,299,1513 (c) A health care provider that is not a hospital or ambulatory surgery center
14may not submit any of the following to the department under the requirements of
15this chapter:
SB45-SSA1-SA1,299,1616 1. The data elements specified under sub. (3) (b).
SB45-SSA1-SA1,299,1717 2. The patient's telephone number.
SB45-SSA1-SA1,299,1818 3. The insured's employer's name or school name.
SB45-SSA1-SA1,299,2019 4. Data regarding insureds other than the patient, other than the payer
20category code under sub. (3m).
SB45-SSA1-SA1,299,2121 5. The patient's employer's name or school name.
SB45-SSA1-SA1,299,2222 6. The patient's relationship to the insured.
SB45-SSA1-SA1,299,2323 7. The insured's identification number.
SB45-SSA1-SA1,299,2424 8. The insured's policy or group number.
SB45-SSA1-SA1,300,1
19. The insured's date of birth or sex.
SB45-SSA1-SA1,300,22 10. The patient's marital, employment or student status.
SB45-SSA1-SA1,300,63 (d) If a health care provider that is not a hospital or ambulatory surgery center
4submits a data element that is specified in par. (c) 1. to 10., the department shall
5immediately return this information to the health care provider or, if discovered
6later, shall remove and destroy the information.
SB45-SSA1-SA1,300,87 (e) A health care provider may not submit information that uses any of the
8following as a patient account number:
SB45-SSA1-SA1,300,109 1. The patient's social security number or any substantial portion of the
10patient's social security number.
SB45-SSA1-SA1,300,1111 2. A number that is related to another patient identifying number.
SB45-SSA1-SA1, s. 2280r 12Section 2280r. 153.55 of the statutes is amended to read:
SB45-SSA1-SA1,300,15 13153.55 Protection of health care provider confidentiality. Health care
14provider-identifiable data
Data obtained under this chapter is not subject to
15inspection, copying or receipt under s. 19.35 (1).".
SB45-SSA1-SA1,300,16 16960. Page 1172, line 14: after that line insert:
SB45-SSA1-SA1,300,17 17" Section 2283g. 153.67 of the statutes is created to read:
SB45-SSA1-SA1,300,23 18153.67 Independent review board. The independent review board shall
19review any request under s. 153.45 (1) (c) for data elements other than those
20available for public use data files under s. 153.45 (1) (b). Unless the independent
21review board approves such a request or unless independent review board approval
22is not required under rules of the department promulgated under s. 153.45 (1) (c)
23(intro.), the data elements requested may not be released.
SB45-SSA1-SA1, s. 2283h 24Section 2283h. 153.76 of the statutes is created to read:
SB45-SSA1-SA1,301,4
1153.76 Rule-making by the independent review board.
2Notwithstanding s. 15.01 (1r), the independent review board may promulgate only
3those rules that are first reviewed and approved by the board on health care
4information.
SB45-SSA1-SA1, s. 2283i 5Section 2283i. 153.85 of the statutes is amended to read:
SB45-SSA1-SA1,301,9 6153.85 Civil liability. Any Except as provided in s. 153.86, any person
7violating s. 153.50 or rules promulgated under s. 153.75 (1) (a) is liable to the patient
8for actual damages and costs, plus exemplary damages of up to $1,000 for a negligent
9violation and up to $5,000 for an intentional violation.
SB45-SSA1-SA1, s. 2283j 10Section 2283j. 153.86 of the statutes is created to read:
SB45-SSA1-SA1,301,16 11153.86 Immunity from liability. A health care provider that submits
12information to the department under this chapter is immune from civil liability for
13any act or omission of an employe, official or agent of the health care provider that
14results in the release of a prohibited data element while submitting data to the
15department of health and family services. The immunity provided under this section
16does not apply to intentional, wilful or reckless acts or omissions.
SB45-SSA1-SA1, s. 2283k 17Section 2283k. 153.90 (1) of the statutes is amended to read:
SB45-SSA1-SA1,301,2018 153.90 (1) Whoever intentionally violates s. 153.45 (5) or 153.50 or rules
19promulgated under s. 153.75 (1) (a) may be fined not more than $10,000 $15,000 or
20imprisoned for not more than 9 months one year or both.".
SB45-SSA1-SA1,301,21 21961. Page 1174, line 2: after that line insert:
SB45-SSA1-SA1,301,22 22" Section 2286e. 165.25 (2m) of the statutes is created to read:
SB45-SSA1-SA1,301,2423 165.25 (2m) Prosecution services. Provide general program operations
24related to ch. 978.
SB45-SSA1-SA1, s. 2286f
1Section 2286f. 165.25 (3g) of the statutes is created to read:
SB45-SSA1-SA1,302,62 165.25 (3g) Unfunded prior service for assistant district attorneys.
3Beginning in the 1999-2000 fiscal year and ending in the 2003-04 fiscal year, pay
4$80,000 in each fiscal year from the appropriation account under s. 20.475 (1) (d)
5toward the unfunded prior service liability under the Wisconsin retirement system
6that results from granting the creditable service under s. 40.02 (17) (gm).".
SB45-SSA1-SA1,302,7 7962. Page 1174, line 2: after that line insert:
SB45-SSA1-SA1,302,8 8" Section 2287g. 165.06 of the statutes is created to read:
SB45-SSA1-SA1,302,23 9165.06 Assistant attorney general — consumer privacy advocate. (1)
10The attorney general shall designate an assistant attorney general on the attorney
11general's staff as the consumer privacy advocate. The consumer privacy advocate
12shall represent the consumers' interests in issues concerning consumer privacy,
13including the purchase of products on the Internet and the prevention of theft of the
14consumer's personal identifying information. The secretary of administration shall
15give the consumer privacy advocate written notices of all proceedings under subch.
16VII of ch. 16. The prosecutor of any action under s. 943.201, 943.392, 943.41 or 943.70
17shall give the consumer privacy advocate written notices of all proceedings under
18those sections. The consumer privacy advocate shall be provided the minutes,
19reports, recommendations and any documents provided by or to the joint committee
20on information policy and the standing committees of the assembly and senate
21dealing with privacy matters. Annually, the consumer privacy advocate shall report
22to the appropriate standing committees of the assembly and senate on the status of
23consumer privacy in this state.
SB45-SSA1-SA1,303,6
1(2) The consumer privacy advocate may, on his or her own initiative or upon
2request of any committee of the legislature, formally intervene in all civil
3proceedings described in sub. (1) whenever such intervention is needed for the
4protection of consumers' rights to privacy, including the restriction of access to the
5consumer's personal identifying information and the prevention of fraudulent use of
6the consumer's personal identifying information on the Internet.
SB45-SSA1-SA1,303,18 7(3) Personnel of the department of administration shall, upon the request of
8the consumer privacy advocate, make such investigations, studies and reports as the
9advocate may request in connection with proceedings described in sub. (1), either
10before or after formal intervention. Personnel of state agencies shall, at the
11consumer privacy advocate's request, provide information, serve as witnesses in civil
12proceedings described in sub. (1) and otherwise cooperate in the carrying out of the
13consumer privacy advocate's functions. Formal intervention shall be by filing a
14statement to that effect with the examiner or other person immediately in charge of
15the proceeding. Upon filing the statement, the consumer privacy advocate shall be
16considered a party in interest with full power to present evidence, subpoena and
17cross-examine witnesses, submit proof, file briefs or do any other acts appropriate
18for a party to the proceedings.
SB45-SSA1-SA1,303,23 19(4) The consumer privacy advocate may appeal from administrative rulings to
20the courts. In all administrative proceedings and judicial review proceedings the
21consumer privacy advocate shall be identified as "consumer privacy advocate". This
22section does not preclude or prevent any division of any department or independent
23agency from appearing by its staff as a party in those proceedings.
SB45-SSA1-SA1, s. 2287j 24Section 2287j. 165.061 of the statutes is created to read:
SB45-SSA1-SA1,304,5
1165.061 Assistant attorney general; consumer privacy advocate;
2authority.
In carrying out his or her duty to protect the consumers' right to privacy,
3the consumer privacy advocate has the authority to initiate actions and proceedings
4before any agency or court related to consumer privacy, including issues concerning
5constitutionality, to present evidence and testimony and to make arguments.
SB45-SSA1-SA1, s. 2287m 6Section 2287m. 165.062 of the statutes is created to read:
SB45-SSA1-SA1,304,16 7165.062 Assistant attorney general; consumer privacy advocate;
8advisory committee.
The attorney general shall appoint a consumer privacy
9advisory committee under s. 15.04 (1) (c). The consumer privacy advisory committee
10shall consist of not less than 7 nor more than 9 members. The members shall have
11backgrounds in or demonstrated experience or records relating to privacy protection,
12record security or information technology. The consumer privacy advisory
13committee shall advise the consumer privacy advocate consistent with his or her
14duty to protect the consumers' right to privacy. The consumer privacy advisory
15committee shall conduct meetings consistent with subch. V of ch. 19 and shall permit
16public participation and public comment on consumer privacy advocate activities.".
SB45-SSA1-SA1,304,17 17963. Page 1174, line 2: after that line insert:
SB45-SSA1-SA1,304,18 18" Section 2286k. 165.07 of the statutes is created to read:
SB45-SSA1-SA1,305,2 19165.07 Assistant attorney general — public intervenor. (1) The attorney
20general shall designate an assistant attorney general on the attorney general's staff
21as public intervenor. Written notices of all proceedings under chs. 30, 31, 281 to 285
22and 289 to 299, except s. 281.48, shall be given to the public intervenor and to the
23administrators of divisions primarily assigned the departmental functions under
24chs. 29, 281, 285 and 289 to 299, except s. 281.48, by the agency head responsible for

1such proceedings. A copy of such notice shall also be given to the natural areas
2preservation council.
SB45-SSA1-SA1,305,10 3(2) The public intervenor shall formally intervene in proceedings described in
4sub. (1) when requested to do so by an administrator of a division primarily assigned
5the departmental functions under chs. 29, 281, 285 or 289 to 299, except s. 281.48.
6The public intervenor may, on the public intervenor's own initiative or upon request
7of any committee of the legislature, formally intervene in all proceedings described
8in sub. (1) whenever such intervention is needed for the protection of "public rights"
9in water and other natural resources, as provided in chs. 30 and 31 and defined by
10the supreme court.
SB45-SSA1-SA1,305,22 11(3) Personnel of the department of natural resources shall, upon the request
12of the public intervenor, make such investigations, studies and reports as the public
13intervenor may request in connection with proceedings described in sub. (1), either
14before or after formal intervention. Personnel of state agencies shall at the public
15intervenor's request provide information, serve as witnesses in proceedings
16described in sub. (1) and otherwise cooperate in the carrying out of the public
17intervenor's intervention functions. Formal intervention shall be by filing a
18statement to that effect with the examiner or other person immediately in charge of
19the proceeding. Thereupon the public intervenor shall be considered a party in
20interest with full power to present evidence, subpoena and cross-examine witnesses,
21submit proof, file briefs or do any other acts appropriate for a party to the
22proceedings.
SB45-SSA1-SA1,306,3 23(4) The public intervenor may appeal from administrative rulings to the courts.
24In all administrative proceedings and judicial review proceedings the public
25intervenor shall be identified as "public intervenor". This section does not preclude

1or prevent any division of the department of natural resources, or any other
2department or independent agency, from appearing by its staff as a party in such
3proceedings.
SB45-SSA1-SA1, s. 2286n 4Section 2286n. 165.075 of the statutes is created to read:
SB45-SSA1-SA1,306,9 5165.075 Assistant attorney general; public intervenor; authority. In
6carrying out his or her duty to protect public rights in water and other natural
7resources, the public intervenor has the authority to initiate actions and proceedings
8before any agency or court in order to raise issues, including issues concerning
9constitutionality, present evidence and testimony and make arguments.
SB45-SSA1-SA1, s. 2286q 10Section 2286q. 165.076 of the statutes is created to read:
SB45-SSA1-SA1,306,22 11165.076 Assistant attorney general; public intervenor; advisory
12committee.
The attorney general shall appoint a public intervenor advisory
13committee under s. 15.04 (1) (c). The public intervenor advisory committee shall
14consist of not less than 7 nor more than 9 members. The members shall have
15backgrounds in or demonstrated experience or records relating to environmental
16protection or natural resource conservation. At least one of the members shall have
17working knowledge in business. At least one of the members shall have working
18knowledge in agriculture. The public intervenor advisory committee shall advise the
19public intervenor consistent with his or her duty to protect public rights in water and
20other natural resources. The public intervenor advisory committee shall conduct
21meetings consistent with subch. V of ch. 19 and shall permit public participation and
22public comment on public intervenor activities.".
SB45-SSA1-SA1,306,23 23964. Page 1175, line 9: after that line insert:
SB45-SSA1-SA1,306,24 24" Section 2289t. 165.842 of the statutes is created to read:
SB45-SSA1-SA1,307,2
1165.842 Motor vehicle stops; collection of information; annual report.
2(1) Definitions. In this section:
SB45-SSA1-SA1,307,33 (a) "Department" means the department of justice.
SB45-SSA1-SA1,307,44 (b) "Law enforcement agency" has the meaning given in s. 165.77 (1) (b).
SB45-SSA1-SA1,307,95 (c) "Law enforcement officer" means a person who is employed by a law
6enforcement agency for the purpose of detecting and preventing crime and enforcing
7laws or ordinances and who is authorized to make arrests for violations of the laws
8or ordinances the person is employed to enforce, whether that enforcement authority
9extends to all laws or ordinances or is limited to specific laws or ordinances.
SB45-SSA1-SA1,307,1410 (d) "Motor vehicle stop" means the stop of a motor vehicle that is traveling in
11any public or private place, or the detention of an occupied motor vehicle that is
12already stopped in any public or private place, for the purpose of investigating any
13alleged or suspected violation of a state or federal law or city, village, town or county
14ordinance.
SB45-SSA1-SA1,307,18 15(2) Information collection required. All persons in charge of law
16enforcement agencies shall obtain, or cause to be obtained, all of the following
17information with respect to each motor vehicle stop made on or after January 1, 2001,
18by a law enforcement officer employed by the law enforcement agency:
SB45-SSA1-SA1,307,1919 (a) The reason the law enforcement officer stopped the motor vehicle.
SB45-SSA1-SA1,307,2020 (b) The age, gender and race or ethnicity of the driver of the motor vehicle.
SB45-SSA1-SA1,307,2121 (c) The number of persons in the motor vehicle.
SB45-SSA1-SA1,307,2422 (d) Whether a search was conducted of the motor vehicle, the driver of the motor
23vehicle or any passenger in the motor vehicle, and for each search conducted all of
24the following information:
SB45-SSA1-SA1,308,3
11. Whether the search was based on probable cause or reasonable suspicion,
2on the consent of the person searched or, for a motor vehicle search, on the consent
3of the driver or other authorized person.
SB45-SSA1-SA1,308,54 2. If the search was of a passenger in the motor vehicle, the age, gender and race
5or ethnicity of the passenger.
SB45-SSA1-SA1,308,66 3. What, if anything, was seized as a result of the search.
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