LRBs0129/3
CTS&CMH:cjs&kjf:ph
2009 - 2010 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO 2009 ASSEMBLY BILL 29
September 24, 2009 - Offered by Representative Schneider.
AB29-ASA2,1,7
1An Act to amend 940.32 (2m) (d), 968.27 (intro.), 968.27 (10), 968.31 (2) (intro.)
2and 968.31 (3); and
to create 100.575, 100.576, 947.014, 968.27 (13n) and
3968.375 of the statutes;
relating to: use of radio frequency identification tags,
4sale of consumer goods containing radio frequency identification tags,
5application to a court to use a radio frequency identification tag, radio
6frequency identification databases and marketing profiles, requiring the
7exercise of rule-making authority, and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB29-ASA2,1,10
9100.575 Consumer and farm goods; radio frequency identification
10tags. (1) In this section:
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(a) "Goods" includes all of the following:
AB29-ASA2,1,12
11. Consumer goods, as defined in s. 409.102 (1) (fm).
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2. Farm products, as defined in s. 409.102 (1) (ig), other than livestock.
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(b) "Radio frequency identification tag" has the meaning given in s. 968.27
4(13n).
AB29-ASA2,2,6
5(2) No person may knowingly sell to a purchaser in this state goods that contain
6a radio frequency identification tag, unless all of the following apply:
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(a) The person has posted a notice regarding radio frequency identification tags
8at the entrance to the person's place of business.
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(b) A notice regarding the presence of radio frequency identification tags in the
10goods has been attached to the goods by the person or the manufacturer of the goods.
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(c) The person issues a receipt for the goods to the purchaser that contains a
12notice regarding the presence of radio frequency identification tags in the goods.
AB29-ASA2,2,15
13(3) The department shall promulgate rules that establish the content to be
14included in a notice required under sub. (2) and the means for providing notice under
15sub. (2) (b) for different categories of goods.
AB29-ASA2,2,19
17100.576 Radio frequency identification tags; databases and marketing
18profiles. (1) In this section, "radio frequency identification tag" has the meaning
19given in s. 968.27 (13n).
AB29-ASA2,2,23
20(2) Except as provided in sub. (4), no person may provide to another a database
21consisting of information collected using radio frequency identification tags, unless
22the information was collected with the consent of the persons to whom the
23information pertains.
AB29-ASA2,2,25
24(3) No person may use a radio frequency identification tag to create a
25marketing profile that pertains to an individual.
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1(4) The prohibition in sub. (2) does not apply to a database created for academic
2research or for academic demonstration purposes.
AB29-ASA2, s. 3
3Section
3. 940.32 (2m) (d) of the statutes is amended to read:
AB29-ASA2,3,54
940.32
(2m) (d) The person violates s. 968.31 (1)
or, 968.34 (1)
, or 968.375 (1) 5in order to facilitate the violation.
AB29-ASA2,3,9
7947.014 Unlawful use of radio frequency identification tag. (1) In this
8section, "radio frequency identification tag" means a device encoded with a unique
9serial number that receives or transmits a signal over radio waves.
AB29-ASA2,3,11
10(2) No person may use a radio frequency identification tag with intent to
11facilitate the commission of a crime.
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12(3) Except as provided in s. 940.32 (2m) (d), a person who violates sub. (2) is
13guilty of the following:
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(a) If the violation is the person's first violation, a Class C misdemeanor.
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(b) If the violation is the person's 2nd violation, a Class B misdemeanor.
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(c) If the violation is the person's 3rd or subsequent violation, a Class A
17misdemeanor.
AB29-ASA2, s. 5
18Section
5. 968.27 (intro.) of the statutes is amended to read:
AB29-ASA2,3,19
19968.27 Definitions. (intro.) In ss. 968.28 to
968.37 968.375:
AB29-ASA2, s. 6
20Section
6. 968.27 (10) of the statutes is amended to read:
AB29-ASA2,3,2521
968.27
(10) "Investigative or law enforcement officer" means any officer of this
22state or political subdivision thereof, who is empowered by the laws of this state to
23conduct investigations of or to make arrests for offenses enumerated in ss. 968.28 to
24968.37 968.375, and any attorney authorized by law to prosecute or participate in the
25prosecution of those offenses.
AB29-ASA2, s. 7
1Section
7. 968.27 (13n) of the statutes is created to read:
AB29-ASA2,4,32
968.27
(13n) "Radio frequency identification tag" means a device encoded with
3a unique serial number that receives or transmits a signal over radio waves.
AB29-ASA2, s. 8
4Section
8. 968.31 (2) (intro.) of the statutes is amended to read:
AB29-ASA2,4,55
968.31
(2) (intro.) It is not unlawful under ss. 968.28 to
968.37 968.375:
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968.31
(3) Good faith reliance on a court order or on s. 968.30 (7) shall constitute
8a complete defense to any civil or criminal action brought under ss. 968.28 to
968.37 9968.375.
AB29-ASA2,4,14
11968.375 Use of radio frequency identification tags restricted. (1) 12Prohibition. Except as provided in sub. (5), no person may use a radio frequency
13identification tag to monitor or track or engage in surveillance of a person's
14movements or location without first obtaining a court authorization under sub. (3).
AB29-ASA2,4,20
15(2) Application to use radio frequency identification tag. (a) The attorney
16general or a district attorney may apply for an order or an extension of an order under
17sub. (3) that authorizes or approves, in writing, the use of a radio frequency
18identification tag to monitor or track or engage in surveillance of a person's
19movements or location. The application shall be submitted to a circuit court for the
20county in which the radio frequency identification tag is to be installed.
AB29-ASA2,4,2421
(b) An application under par. (a) shall include the identity of the applicant and
22the identity of the law enforcement agency conducting the investigation and a
23certification by the applicant that the information likely to be obtained is relevant
24to an ongoing criminal investigation that the law enforcement agency is conducting.
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1(3) Authorization. (a) Upon receiving an application under sub. (2) (a), the
2court shall enter an ex parte order authorizing or approving the use of a radio
3frequency identification tag to monitor or track or engage in surveillance of a person's
4movements or location if the court determines that the applicant has demonstrated
5that the information likely to be obtained by the use of the radio frequency
6identification tag is relevant to an ongoing criminal investigation. An order or
7extension entered under this paragraph may not authorize or approve the use of a
8radio frequency identification tag for more than 90 days.
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(b) An order authorizing or approving the use of a radio frequency identification
10tag shall direct the following:
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1. That the order be sealed until otherwise ordered by the court.
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2. That the person who has been ordered by the court to provide assistance to
13the applicant not disclose the existence of the radio frequency identification tag or
14the existence of the investigation to any other person unless or until otherwise
15ordered by the court.
AB29-ASA2,5,22
16(4) Assistance. (a) Upon the request of the attorney general, a district
17attorney, or a law enforcement agency authorized or approved under sub. (3) to use
18a radio frequency identification tag to monitor or track or engage in surveillance of
19a person's movements, a provider of radio frequency identification services, landlord,
20custodian, or other person shall furnish the investigative or law enforcement officer
21all information, facilities, and technical assistance, including installation and
22operation of the radio frequency identification tag unobtrusively.
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(b) A provider of radio frequency identification services, landlord, custodian,
24or other person who furnishes information, facilities, or technical assistance under
1par. (a) shall be reasonably compensated for the reasonable expenses incurred in
2providing the information, facilities and assistance.
AB29-ASA2,6,53
(c) No cause of action may lie in any court against any provider of radio
4frequency identification services, its officers, employees or agents or other specified
5persons for providing information, facilities or assistance in accordance with par. (a).
AB29-ASA2,6,8
6(5) Exceptions. The prohibition in sub. (1) does not apply to a person using a
7radio frequency identification tag to monitor or track or engage in surveillance of a
8person's movements or location if any of the following applies:
AB29-ASA2,6,119
(a) The use is for academic research or for academic demonstration purposes
10and occurs with the consent of the person whose movements or location are being
11monitored, tracked, or surveilled.
AB29-ASA2,6,1312
(b) The use conforms to an exemption created by a state agency or an institution
13of higher education.
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(c) The use is by a hospital or nursing home only if any of the following applies:
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1. The person being monitored, tracked, or surveilled is a patient or resident
16of the hospital or nursing home.
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2. If the person being monitored, tracked, or surveilled is a former patient or
18resident of the nursing home, a physician has ordered the monitoring, tracking, or
19surveillance.