Amendment ASA1-AB315

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 An Act to repeal 341.17 (9) (d), 343.235 (4) and 343.24 (4) (d); to renumber and amend 85.105; to amend 341.08 (1m), 341.17 (9) (b), 341.17 (9) (c) 3., 341.17 (9) (c) 4., 341.17 (9) (e), 343.14 (2m), 343.235 (2), 343.235 (3) (b), 343.235 (5), 343.24 (4) (b), 343.24 (4) (c) 2., 343.24 (4) (e), 343.50 (4) and 343.51 (1m); to repeal and recreate 342.06 (1) (i); and to create 85.103 and 85.105 (2) of the statutes; relating to: the disclosure of personal identifiers by the department of transportation and granting rule-making authority.

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

AB315-ASA1, s. 1 Section 1. 85.103 of the statutes is created to read:

AB315-ASA1,1,11 85.103 Disclosure of personal identifiers. (1) In this section, "personal identifier" means a name, street address, post-office box number or 9-digit extended zip code.

AB315-ASA1,2,10 (2) The department shall include on any form for application for original registration under s. 341.08, for application for renewal of registration under s. 341.08, for application for a certificate of title under s. 342.06, for application for a license or identification card or renewal of a license or identification card under s. 343.14 and for application for a special identification card under s. 343.51, a place for the individual to designate that the individual's personal identifiers may not be disclosed in information compiled or maintained by the department that contains the personal identifiers of 10 or more individuals, a statement indicating the effect of making such a designation and a place for an applicant or registrant who has made a designation under this subsection or sub. (3) to reverse the designation.

AB315-ASA1,2,17 (3) The department shall provide to an individual upon request a form that includes a place for the individual to designate that the individual's personal identifiers may not be disclosed in information compiled or maintained by the department that contains the personal identifiers of 10 or more individuals, a statement indicating the effect of making such a designation and a place for an applicant or registrant who has made a designation under this subsection or sub. (2) to reverse the designation.

AB315-ASA1,2,20 (4) The department shall treat a designation made under s. 341.08 (1m), 1997 stats., s. 342.06 (1) (i), 1997 stats., s. 343.14 (2m), 1997 stats., or s. 343.51 (1m), 1997 stats., as if the designation were made under sub. (2) or (3).

AB315-ASA1,2,25 (5) In providing a person with any information that is collected or prepared by the department and that consists in whole or in part of the personal identifiers of 10 or more persons, the department may not disclose the personal identifier of any person who has made a designation under sub. (2) or (3), except as provided in sub. (6).

AB315-ASA1,3,3 (6) The department may disclose the personal identifier of any person who has made a designation under sub. (2) or (3) if the department discloses the personal identifier under s. 341.17 (9), 343.235 (2), 343.24 (3) and (4) or 343.245 (3m).

AB315-ASA1,3,5 (7) (a) The department shall establish by rule a reasonable period for complying with designations made under subs. (2) and (3).

AB315-ASA1,3,10 (b) If an unanticipated number of designations result in the department not being able to comply with a reasonable effort with designations made under subs. (2) and (3) within the period established by the department under par. (a), the department may establish the temporary extension by rule, using the procedure under s. 227.24.

AB315-ASA1, s. 2 Section 2. 85.105 of the statutes is renumbered 85.105 (1) and amended to read:

AB315-ASA1,3,20 85.105 (1) 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 which that were produced for or developed by the department for purposes related to maintenance of the operating record file data base. 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-ASA1, s. 3 Section 3. 85.105 (2) of the statutes is created to read:

AB315-ASA1,4,2 85.105 (2) Beginning with contracts entered into, extended, modified or renewed on the effective date of this subsection .... [revisor inserts date], in providing information under this section that contains the personal identifiers, as defined in s. 85.103 (1), of 10 or more individuals, the department may not include a personal identifier of any person who has made a designation under s. 85.103 (2) or (3).

AB315-ASA1, s. 4 Section 4. 341.08 (1m) of the statutes is amended to read:

AB315-ASA1,4,12 341.08 (1m) The forms for application for original registration and for renewal of registration under sub. (1) or another form provided by the department shall include a place for an applicant or registrant under this chapter who is a natural person to designate that the applicant's or registrant's name, street address, post-office box number and 9-digit extended zip code may not be disclosed as provided in s. 341.17 (9) a statement indicating the effect of making such a designation and a place for an applicant or registrant who has made a designation under this subsection to reverse the designation the information required under s. 85.103 (2).

AB315-ASA1, s. 5 Section 5. 341.17 (9) (b) of the statutes is amended to read:

AB315-ASA1,4,19 341.17 (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 85.103 (2) or (3).

AB315-ASA1, s. 6 Section 6. 341.17 (9) (c) 3. of the statutes is amended to read:

AB315-ASA1,4,25 341.17 (9) (c) 3. An insurer authorized to write property and casualty or life, disability or long-term care 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) 85.103 (2) or (3) for purposes of issuing or renewing a policy and related underwriting, billing or processing or paying a claim.

AB315-ASA1, s. 7 Section 7. 341.17 (9) (c) 4. of the statutes is amended to read:

AB315-ASA1,5,5 341.17 (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) 85.103 (2) or (3) for vehicle recalls.

AB315-ASA1, s. 8 Section 8. 341.17 (9) (d) of the statutes is repealed.

AB315-ASA1, s. 9 Section 9. 341.17 (9) (e) of the statutes is amended to read:

AB315-ASA1,5,11 341.17 (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) 85.103 (2) or (3) shall keep the personal identifier confidential and may not disclose it except for a purpose applicable to that person under par. (c).

AB315-ASA1, s. 10 Section 10. 342.06 (1) (i) of the statutes is repealed and recreated to read:

AB315-ASA1,5,13 342.06 (1) (i) The information required under s. 85.103 (2).

AB315-ASA1, s. 11 Section 11. 343.14 (2m) of the statutes is amended to read:

AB315-ASA1,5,22 343.14 (2m) The forms for application for a license or identification card or for renewal thereof or another form provided by the department shall include a place for an applicant, licensee or identification card holder to designate that his or her name, street address, post-office box number and 9-digit extended zip code may not be disclosed as provided in s. 343.235 or 343.24 (4), a statement indicating the effect of making such a designation and a place for an applicant, licensee or identification card holder who has made a designation under this subsection to reverse the designation the information required under s. 85.103 (2).

AB315-ASA1, s. 12 Section 12. 343.235 (2) of the statutes is amended to read:

AB315-ASA1,6,4 343.235 (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 85.103 (2) or (3).

AB315-ASA1, s. 13 Section 13. 343.235 (3) (b) of the statutes is amended to read:

AB315-ASA1,6,9 343.235 (3) (b) An insurer authorized to write property and casualty or life, disability or long-term care insurance in this state or an agent of the insurer, if the insurer or agent uses the personal identifiers for purposes of issuing or renewing a policy and related underwriting, billing or processing or paying a claim.

AB315-ASA1, s. 14 Section 14. 343.235 (4) of the statutes is repealed.

AB315-ASA1, s. 15 Section 15. 343.235 (5) of the statutes is amended to read:

AB315-ASA1,6,15 343.235 (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) 85.103 (2) or (3) shall keep the personal identifier confidential and may not disclose it except for a purpose applicable to that person under sub. (3).

AB315-ASA1, s. 16 Section 16. 343.24 (4) (b) of the statutes is amended to read:

AB315-ASA1,6,20 343.24 (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 85.103 (2) or (3).

AB315-ASA1, s. 17 Section 17. 343.24 (4) (c) 2. of the statutes is amended to read:

AB315-ASA1,6,25 343.24 (4) (c) 2. An insurer authorized to write property and casualty or life, disability or long-term care insurance in this state or an agent of the insurer, if the insurer or agent uses the names or addresses for purposes of issuing or renewing a policy and related underwriting, billing or processing or paying a claim.

AB315-ASA1, s. 18 Section 18. 343.24 (4) (d) of the statutes is repealed.

AB315-ASA1, s. 19 Section 19. 343.24 (4) (e) of the statutes is amended to read:

AB315-ASA1,7,6 343.24 (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) 85.103 (2) or (3) shall keep the personal identifier confidential and may not disclose it except for a purpose applicable to that person under par. (c).

AB315-ASA1, s. 20 Section 20. 343.50 (4) of the statutes is amended to read:

AB315-ASA1,7,17 343.50 (4) Application. The application for an identification card shall include the information required under s. ss. 85.103 (2) and 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).