Amendment ASA1-AB338

LRBs0155/2

PEN:kaf:km

1997 - 1998 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1997 ASSEMBLY BILL 338

May 13, 1997 - Offered by Committee on Highways and Transportation.

AB338-ASA1,1,7 An Act to renumber 341.08 (1m), 341.17 (5), 342.06 (1) (i), 343.14 (2m) and 343.51 (1m); to amend 341.17 (6), 343.24 (1) and 343.24 (2m); and to create 13.93 (2) (k), 85.05, 341.08 (1m) (a) 2. and (b), 341.17 (5) (a) 2. and (b), 341.17 (9) (g), 342.06 (1) (i) 1. b. and 2., 343.14 (2m) (a) 2. and (b), 343.235 (7), 343.24 (4) (g), 343.24 (5) and 343.51 (1m) (a) 2. and (b) of the statutes; relating to: disclosure of personally identifiable information by the department of transportation, granting rule-making authority and providing penalties.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB338-ASA1, s. 1 Section 1. 13.93 (2) (k) of the statutes is created to read:

AB338-ASA1,2,2 13.93 (2) (k) Within 30 days after a final determination by a federal court of competent jurisdiction, or a final determination by a court in this state, that 18 USC 2721 (a) or 18 USC 2723 is invalid, or if 18 USC 2721 or 18 USC 2723 is amended so that the provisions of either of those sections no longer apply to this state, publish a notice of such determination in the administrative register.

AB338-ASA1, s. 2 Section 2. 85.05 of the statutes is created to read:

AB338-ASA1,2,5 85.05 Prohibition on release and use of personally identifiable information. (1) Definitions. In this section:

AB338-ASA1,2,7 (a) "Agent" means an authorized person who acts on behalf of or at the direction of another person.

AB338-ASA1,2,8 (c) "State agency" has the meaning given in s. 1.12 (1) (b).

AB338-ASA1,2,12 (2) In general. The department may not disclose personally identifiable information obtained by the department in connection with a vehicle, operator's license pr permit or special identification card except as provided in this section and s. 341.17 (4).

AB338-ASA1,2,14 (3) Permissible uses. (a) The department may disclose personally identifiable information that is subject to sub. (2) only as follows:

AB338-ASA1,2,17 1. For use by any state agency, federal agency or law enforcement agency, as defined in s. 165.77 (1) (b), or by an agent of a state agency, federal agency or law enforcement agency in carrying out the agency's functions.

AB338-ASA1,2,23 2. For use in connection with matters of driver safety; motor vehicle safety, theft or emissions; motor vehicle product alterations, recalls or advisories; performance monitoring by a motor vehicle manufacturer of motor vehicles or motor vehicle parts made by that manufacturer or of motor vehicle dealers distributing that manufacturer's vehicles; or for the removal, as required by federal law, of nonowner records from the original owner records of motor vehicle manufacturers.

AB338-ASA1,2,25 3. For use in the normal course of business by a legitimate business, or by an agent, employe or contractor of the business, but only:

AB338-ASA1,3,2 a. To verify the accuracy of personally identifiable information submitted to the business, agent or contractor by the person about whom the information relates; and

AB338-ASA1,3,5 b. If the information submitted is not correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against or recovering on a debt or security interest against the individual.

AB338-ASA1,3,10 4. For use in connection with any proceeding or action in any federal, state or local court, or federal or state agency, or before any self-regulatory body, including the service of legal process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, state or local court.

AB338-ASA1,3,13 5. For use in any research activities, and for use in producing statistical reports, so long as the personally identifiable information is not published, redisclosed or used to contact individuals.

AB338-ASA1,3,17 6. For use by any insurer, as defined in s. 600.03 (27), or insurance support organization, or by an agent, employe or contractor of an insurer or insurance support organization, in connection with claims investigation activities, antifraud activities, rating or underwriting.

AB338-ASA1,3,18 7. For use in providing notice to the owner of any towed or impounded vehicle.

AB338-ASA1,3,21 8. For use by any person holding a private detective license under s. 440.26 (2) (a) 2., or a private security permit under s. 440.26 (5), for any purpose permitted under this section.

AB338-ASA1,3,24 9. For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under state or federal law.

AB338-ASA1,4,4 10. For any other use in response to a request for department records. The department may not disclose under this subdivision the personally identifiable information of any person who, pursuant to sub. (5), has prohibited the department from releasing his or her personally identifiable information.

AB338-ASA1,4,10 11. For bulk distribution for surveys, marketing or solicitations, but only if the personally identifiable information will be used, rented or sold solely for bulk distribution for surveys, marketing or solicitations. The department may not disclose under this subdivision the personally identifiable information of any person who, pursuant to sub. (5), has prohibited the department from releasing his or her personally identifiable information.

AB338-ASA1,4,12 12. For use by any requester who has the written consent to disclosure of the individual to whom the information relates.

AB338-ASA1,4,14 (b) The department shall disclose personally identifiable information to the persons described in par. (a) for the purposes applicable to that person under par. (a).

AB338-ASA1,4,18 (4) Resale or redisclosure. (a) Except as provided in par. (b) or (c), a recipient of personally identifiable information may resell or redisclose the information only for a use permitted under sub. (3) (a). This paragraph does not apply to personally identifiable information disclosed under sub. (3) (a) 10. or 11.

AB338-ASA1,4,20 (b) A person receiving information under sub. (3) (a) 10. may resell or redisclose information for any purpose.

AB338-ASA1,4,22 (c) A person receiving information under sub. (3) (a) 11. may resell or redisclose information only pursuant to sub. (3) (a) 11.

AB338-ASA1,5,2 (d) A person who resells or rediscloses personally identifiable information obtained under this section must keep, for a period of 5 years, records identifying each person to whom the information is resold or redisclosed and the permitted purpose for which the information will be used and must make such records available to the department upon request.

AB338-ASA1,5,11 (5) Department forms. The department shall provide, in a clear and conspicuous manner, on all forms used by the department for application for the issuance or renewal of a license or permit issued under ch. 343 to operate a motor vehicle, of registration of or title to a vehicle, of an identification card or of a special identification card, or on another form provided by the department with such application forms, a statement that the department may disclose personally identifiable information to any person or business under sub. (3) (a) 10. or 11., an opportunity for the applicant to prohibit such disclosure and a place for a person who has made a designation under this subsection to reverse the designation.

AB338-ASA1,5,15 (6) Department rule making. Rules promulgated under this section may not conflict with and shall be at least as stringent as standards set by the federal Driver's Privacy Protection Act of 1994, 18 USC 2721, and the regulations adopted under that act.

AB338-ASA1,5,17 (7) Fees. The department shall charge the following fees for conducting searches of vehicle operators' records:

AB338-ASA1,5,18 (a) For each file search, $3.

AB338-ASA1,5,19 (b) For each computerized search, $3.

AB338-ASA1,5,21 (c) For each search requested by telephone, $4, or an established monthly service rate determined by the department.

AB338-ASA1,5,24 (8) Penalties. (a) Any person who willfully requests or obtains personally identifiable information from the department under this section under false pretenses may be required to forfeit not more than $500 for each violation.

AB338-ASA1,6,3 (b) Any person who willfully discloses personally identifiable information in violation of this section may be required to forfeit not more than $500 for each violation.

AB338-ASA1,6,6 (9) Applicability. This section does not apply on or after the first day of the first month beginning after the revisor of statutes publishes the notice required under s. 13.93 (2) (k).

AB338-ASA1, s. 3 Section 3. 341.08 (1m) of the statutes is renumbered 341.08 (1m) (a) 1.

AB338-ASA1, s. 4 Section 4. 341.08 (1m) (a) 2. and (b) of the statutes are created to read:

AB338-ASA1,6,12 341.08 (1m) (a) 2. The forms for application for original registration and for renewal of registration under sub. (1), or another form provided by the department with such application forms, shall include the information required under s. 85.05 (5).

AB338-ASA1,6,14 (b) 1. Paragraph (a) 1. does not apply after the effective date of this subdivision .... [revisor inserts date].

AB338-ASA1,6,17 2. Subdivision 1. and par. (a) 2. do not apply on or after the first day of the first month beginning after the revisor of statutes publishes the notice required under s. 13.93 (2) (k).

AB338-ASA1, s. 5 Section 5. 341.17 (5) of the statutes is renumbered 341.17 (5) (a) 1.

AB338-ASA1, s. 6 Section 6. 341.17 (5) (a) 2. and (b) of the statutes are created to read:

AB338-ASA1,6,22 341.17 (5) (a) 2. Public officers and agencies receiving free copies of registration lists under sub. (4) shall keep such lists current and may not open the lists to public inspection.