AB315: Bill Text

LRB-1956/3

ISR:wlj:hmh

1999 - 2000 LEGISLATURE

1999 Assembly BILL 315

April 29, 1999 - Introduced by Representatives Foti, Huebsch, Ainsworth, Berceau, Black, Bock, Boyle, Brandemuehl, Cullen, Freese, Gronemus, Gunderson, Hahn, Handrick, Hasenohrl, Hutchison, Johnsrud, Kelso, Klusman, Kreibich, Kreuser, F. Lasee, M. Lehman, Miller, Montgomery, Musser, Olsen, Petrowski, Plale, Plouff, Porter, Powers, Reynolds, Rhoades, Sherman, Sinicki, Spillner, Staskunas, Stone, Turner, Wasserman, Young and Ziegelbauer, cosponsored by Senators Erpenbach, Panzer, Wirch, Darling, Drzewiecki, Lazich, Roessler, Schultz, Welch and Clausing. Referred to Committee on Judiciary and Personal Privacy.

AB315,1,7 An Act to repeal 341.08 (1m), 341.17 (5), 341.17 (9) (d), 342.06 (1) (i), 343.14 (2m), 343.235 (4), 343.24 (4) (d) and 343.51 (1m); to amend 85.105, 341.17 (9) (b), 341.17 (9) (c) 3., 341.17 (9) (c) 4., 341.17 (9) (e), 343.235 (2), 343.235 (5), 343.24 (4) (b), 343.24 (4) (e) and 343.50 (4); and to create 85.103 of the statutes; relating to: prohibiting the department of transportation from providing information compiled and maintained by the department that contains the personal identifiers of 10 or more people.

Analysis by the Legislative Reference Bureau

Under current law, information collected by the department of transportation (DOT), including information collected through applications for registration, operator's licenses, identification cards and operating records, must be made available to the public. This information may include personal identifiers that are defined as a person's name, street address, post-office box number or nine-digit extended zip code. DOT may also sell motor vehicle registration lists and information on electronic media compiled from motor vehicle accident and citation records. An individual may prohibit disclosure of personal identifiers in written or electronic information that contains the personal identifiers of ten or more persons.

This bill prohibits DOT, except in certain circumstances, from providing information compiled by DOT that contains the personal identifiers of ten or more people. This bill continues to allow DOT to disclose information containing the personal identifiers of ten or more persons to a county or village clerk, the department of revenue or to a law enforcement agency if the information is used to perform a legally authorized function, or to an insurer if the information is used to issue or renew a policy or underwrite, bill, process or pay a claim. Persons receiving information containing the personal identifiers of ten or more people are required to keep this information confidential.

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:

AB315, s. 1 Section 1. 85.103 of the statutes is created to read:

AB315,2,2 85.103 Release of personal identifiers prohibited.

AB315,2,6 Except as provided in ss. 341.17, 343.03, 343.14, 343.235, 343.24, 343.245, 343.30 and 343.50, the department may not provide any person with written or electronic information compiled or maintained by the department that contains the personal identifiers, as defined in s. 341.17 (9) (a) 3., of 10 or more persons.

AB315, s. 2 Section 2. 85.105 of the statutes is amended to read:

AB315,3,4 85.105 Sale of motor vehicle records. Notwithstanding s. 343.24 (2m), the department may contract with a person to periodically furnish that person with any records on computer tape or other electronic media that contain information from files of motor vehicle accidents or uniform traffic citations and that were produced for or developed by the department for purposes related to maintenance of the operating record file data base. In providing records under this section that contain the personal identifiers, as defined in s. 341.17 (9) (a) 3., of 10 or more persons, the department may not disclose a personal identifier of any person unless the personal identifier is used solely for a purpose under s. 341.17 (9) (c). A person receiving a personal identifier of any person under this section shall keep the personal identifier confidential and may not disclose it except for a purpose applicable to that person under s. 341.17 (9) (c). The department and the person desiring to contract with the department shall make a good faith effort to negotiate the purchase price for the records to be provided under this section.

AB315, s. 3 Section 3. 341.08 (1m) of the statutes is repealed.

AB315, s. 4 Section 4. 341.17 (5) of the statutes is repealed.

AB315, s. 5 Section 5. 341.17 (9) (b) of the statutes is amended to read:

AB315,3,13 341.17 (9) (b) In providing copies under this section or s. 19.35 (1) (a) of any written information collected or prepared under this chapter or ch. 342 which consists in whole or in part of the personal identifiers of 10 or more persons, the department may not disclose a personal identifier of any person who has made a designation under s. 341.08 (1m) or 342.06 (1) (i) that his or her personal identifiers may not be disclosed as provided in this subsection.

AB315, s. 6 Section 6. 341.17 (9) (c) 3. of the statutes is amended to read:

AB315,3,19 341.17 (9) (c) 3. An insurer authorized to write property and casualty insurance in this state or an agent of the insurer, if the insurer or agent uses the personal identifiers designated for nondisclosure under s. 341.08 (1m) or 342.06 (1) (i) for purposes of issuing or renewing a policy and related underwriting, billing or processing or paying a claim.

AB315, s. 7 Section 7. 341.17 (9) (c) 4. of the statutes is amended to read:

AB315,3,24 341.17 (9) (c) 4. A person obtaining registration or title information for use in the conduct of a vehicle recall by the manufacturer of the vehicle or an agent of the manufacturer, if the person uses the personal identifiers designated for nondisclosure under s. 341.08 (1m) or 342.06 (1) (i) for vehicle recalls.

AB315, s. 8 Section 8. 341.17 (9) (d) of the statutes is repealed.

AB315, s. 9 Section 9. 341.17 (9) (e) of the statutes is amended to read:

AB315,4,5 341.17 (9) (e) Any person who has received under par. (c) a personal identifier of any person who has made a designation under s. 341.08 (1m) or 342.06 (1) (i) shall keep the personal identifier confidential and may not disclose it except for a purpose applicable to that person under par. (c).

AB315, s. 10 Section 10. 342.06 (1) (i) of the statutes is repealed.

AB315, s. 11 Section 11. 343.14 (2m) of the statutes is repealed.

AB315, s. 12 Section 12. 343.235 (2) of the statutes is amended to read:

AB315,4,14 343.235 (2) In providing copies under s. 19.35 (1) (a) of any written information collected or prepared under this chapter which consists in whole or in part of the personal identifiers of 10 or more persons, the department may not disclose a personal identifier of any person who has made a designation under s. 343.14 (2m) or 343.51 (1m) that his or her personal identifiers may not be disclosed as provided in this section.

AB315, s. 13 Section 13. 343.235 (4) of the statutes is repealed.

AB315, s. 14 Section 14. 343.235 (5) of the statutes is amended to read:

AB315,4,20 343.235 (5) Any person who has received under sub. (3) a personal identifier of any person who has made a designation under s. 343.14 (2m) or 343.51 (1m) shall keep the personal identifier confidential and may not disclose it except for a purpose applicable to that person under sub. (3).

AB315, s. 15 Section 15. 343.24 (4) (b) of the statutes is amended to read:

AB315,4,25 343.24 (4) (b) In furnishing 10 or more operating records to a person under sub. (1) or (2m), the department may not disclose a personal identifier of any person who has made a designation under s. 343.14 (2m) that his or her personal identifiers may not be released as provided in this subsection.

AB315, s. 16 Section 16. 343.24 (4) (d) of the statutes is repealed.

AB315, s. 17 Section 17. 343.24 (4) (e) of the statutes is amended to read:

AB315,5,6 343.24 (4) (e) Any person who has received under par. (c) a personal identifier of any person who has made a designation under s. 343.14 (2m) shall keep the personal identifier confidential and may not disclose it except for a purpose applicable to that person under par. (c).

AB315, s. 18 Section 18. 343.50 (4) of the statutes is amended to read:

AB315,5,16 343.50 (4) Application. The application for an identification card shall include the information required under s. 343.14 (2) (a) and (b) and (2m), such further information as the department may reasonably require to enable it to determine whether the applicant is entitled by law to an identification card and, for applicants who are aged 65 years or older, material, as provided by the department, explaining the voluntary program that is specified in s. 71.55 (10) (b). The department shall, as part of the application process, take a photograph of the applicant to comply with sub. (3). No application may be processed without the photograph being taken. Misrepresentations are punishable as provided in s. 343.14 (5).

AB315, s. 19 Section 19. 343.51 (1m) of the statutes is repealed.

AB315, s. 20 Section 20. Initial applicability.

AB315,5,20 (1) The treatment of section 85.105 of the statutes first applies to contracts entered into, extended, modified or renewed on the effective date of this subsection.

AB315,5,23 (2) The treatment of sections 85.103 and 341.17 (9) (b) of the statutes first applies to requests for personal identifiers received by the department on the effective date of this subsection.

AB315,5,24 (End)