Amendment AA10-ASA1-AB100

LRBb0590/1

CS,RC,JTK,MS,MK:all:all

2005 - 2006 LEGISLATURE

ASSEMBLY AMENDMENT 10, TO ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2005 ASSEMBLY BILL 100

June 21, 2005 - Offered by Representatives Schneider, Molepske and Black.

AB100-ASA1-AA10,1,1 At the locations indicated, amend the substitute amendment as follows:

AB100-ASA1-AA10,1,2 1. Page 49, line 22: after that line insert:

AB100-ASA1-AA10,1,3 " Section 122m. 19.36 (13) of the statutes is created to read:

AB100-ASA1-AA10,1,7 19.36 (13) Access to certain records on Internet sites. (a) Except as provided in par. (b), no authority that maintains an Internet site may post on that site any record containing the name of an individual, together with any of the following information pertaining to that individual:

AB100-ASA1-AA10,1,8 1. The individual's birth date.

AB100-ASA1-AA10,1,9 2. The number of an operator's license issued to the individual under ch. 343.

AB100-ASA1-AA10,1,11 3. Except as provided in par. (b), the telephone number at the individual's place of employment.

AB100-ASA1-AA10,1,12 4. The unpublished home telephone number of the individual.

AB100-ASA1-AA10,2,1 (b) This subsection does not apply to any of the following:

AB100-ASA1-AA10,2,4 1. The publication or electronic posting of the telephone number at an individual's place of employment by an authority that is the employer of the individual.

AB100-ASA1-AA10,2,6 2. The posting of any information that is required to be provided under s. 301.45 (2).

AB100-ASA1-AA10, s. 122n Section 122n. 19.36 (14) of the statutes is created to read:

AB100-ASA1-AA10,2,9 19.36 (14) Social security account numbers. (a) In this subsection, "employee" includes an individual holding a local public office or a state public office.

AB100-ASA1-AA10,2,18 (b) Except as provided in par. (c), if a new record containing a social security account number of an individual, together with information revealing the identity of that individual, is kept by an authority on or after January 1, 2007, or if a record in the custody of an authority is modified to insert the social security account number of an individual on or after January 1, 2007, and the record contains information revealing the identity of that individual, the authority shall delete the social security account number before permitting access to the record to any person other than an officer or employee of the authority, unless the requester is specifically authorized by federal or state law or by the record subject to have access to the number.

AB100-ASA1-AA10,2,21 (c) Unless otherwise provided by federal or state law, including common law principles, a requester may have access to a record containing the social security account number of an individual if any of the following applies:

AB100-ASA1-AA10,3,2 1. The record pertains to that individual alone, to the marital or parental rights or responsibilities of that individual and his or her spouse or former spouse, to property of that individual held jointly or in common tenancy with one or more other individuals, or to a civil legal action or proceeding in which the individual is a specifically named party, and the individual provides appropriate identification to the custodian.

AB100-ASA1-AA10,3,6 2. The requester is an authorized representative of an insurer or an organization that performs investigations for insurers and the social security account number is relevant to an investigation of suspected, anticipated, or actual insurance fraud.

AB100-ASA1-AA10,3,14 (d) No authority may provide access under s. 19.35 (1) to any record to which access is restricted under par. (b) that contains the social security account number of an individual, together with information revealing the identity of that individual, to any officer or employee of the authority other than the legal custodian or an employee working under the immediate supervision of the custodian unless the number is redacted, the officer's or employee's official responsibilities require the officer or employee to have access to the number, or the officer or employee is authorized by the record subject to have access to the number.

AB100-ASA1-AA10, s. 122p Section 122p. 19.37 (4) of the statutes is renumbered 19.37 (4) (a).

AB100-ASA1-AA10, s. 122q Section 122q. 19.37 (4) (b) and (c) of the statutes are created to read:

AB100-ASA1-AA10,3,21 19.37 (4) (b) If any person misrepresents his or her identity for the purpose of obtaining access to the social security account number of another individual under s. 19.36 (13) (a), the person may be required to forfeit not more than $1,000 for each social security account number obtained by the person by means of such misrepresentation.

AB100-ASA1-AA10,4,2 (c) If an insurer or other person obtains a social security account number under s. 19.36 (13) (b) and uses that number for purposes other than an investigation as provided in that paragraph, the person may be required to forfeit not more than $1,000 for each social security account number used by the person for such unauthorized purposes.".

AB100-ASA1-AA10,4,3 2. Page 525, line 10: after that line insert:

AB100-ASA1-AA10,4,4 " Section 1229m. 59.20 (3) (d) of the statutes is amended to read:

AB100-ASA1-AA10,4,8 59.20 (3) (d) Any register of deeds who in good faith makes an erroneous determination as to the accessibility of a portion of a record, to members of the public under s. 19.36 (6), is not subject to any penalty for denial of access to the record under s. 19.37 (4) (a).".

AB100-ASA1-AA10,4,9 3. Page 525, line 16: after that line insert:

AB100-ASA1-AA10,4,10 " Section 1230s. 59.43 (1) (intro.) of the statutes is amended to read:

AB100-ASA1-AA10,4,12 59.43 (1) Register of deeds; duties. (intro.) The Subject to sub. (1m), the register of deeds shall:".

AB100-ASA1-AA10,4,13 4. Page 525, line 21: after that line insert:

AB100-ASA1-AA10,4,14 " Section 1232m. 59.43 (1m) of the statutes is created to read:

AB100-ASA1-AA10,4,18 59.43 (1m) Restrictions on recording instruments with social security numbers. (a) Except as otherwise provided in this subsection, a register of deeds may not record any instrument offered for recording if the instrument contains more than the last 4 characters of the social security number of an individual.

AB100-ASA1-AA10,5,3 (b) If a register of deeds is presented with an instrument for recording that contains more than the last 4 numbers of an individual's social security number, and if the register of deeds records the instrument but does not discover that the instrument contains more than the last 4 numbers of an individual's social security number until after the instrument is recorded, the register of deeds may not be held liable for the instrument drafter's placement of more than the last 4 numbers of an individual's social security number on the instrument and the register of deeds may remove or obscure characters from the social security number such that no more than the last 4 characters of the social security number are discernable on the instrument.

AB100-ASA1-AA10,5,10 (c) If a register of deeds records an instrument that contains the complete social security number of an individual, the instrument drafter is liable to the individual whose social security number appears in the recorded public document for damages of not more than $5,000, plus any actual damages resulting from the instrument being recorded. A person may not be held liable for actual damages under this paragraph unless the individual harmed paid or incurred any costs as a result of the instrument being recorded.

AB100-ASA1-AA10,5,11 (d) Paragraphs (a) to (c) do not apply to a federal income tax lien.".

AB100-ASA1-AA10,5,12 5. Page 749, line 17: before that line insert:

AB100-ASA1-AA10,5,13 " Section 1829f. 100.53 of the statutes is created to read:

AB100-ASA1-AA10,5,15 100.53 Notice of unauthorized disclosure of computerized personal information. (1) Definitions. In this section:

AB100-ASA1-AA10,5,17 (a) "Computerized personal information" means personal information that is stored on a computer or on an optical, electromagnetic, or other electronic medium.

AB100-ASA1-AA10,5,21 (b) "Major credit reporting agencies" means firms, as determined by the department, most actively engaged in the business of collecting and dispensing financial information regarding individuals, including information regarding creditworthiness.

AB100-ASA1-AA10,5,24 (c) "Personal information" means an individual's social security number and any of the information specified in s. 895.505 (1) (e), except that it does not include information that is available to the public.

AB100-ASA1-AA10,6,6 (2) Notification of unauthorized acquisition. (a) If a person that owns computerized personal information or licenses computerized personal information from another knows or has reason to know that the computerized personal information has been acquired by a person who is not authorized to do so by the individual who is the subject of the computerized personal information, the person shall, as soon as practicable, do all of the following:

AB100-ASA1-AA10,6,8 1. Provide written notice under sub. (3) (a) to the individual who is the subject of the computerized personal information that has been acquired.

AB100-ASA1-AA10,6,10 2. Provide notice under sub. (3) (b) to not less than 3 major credit reporting agencies.

AB100-ASA1-AA10,6,16 (b) If a person that maintains computerized personal information owned or licensed by another knows or has reason to know that the computerized personal information has been acquired by a person who has not been authorized to do so by the owner or licensee of the computerized personal information, the person shall notify as soon as practicable the owner or licensee of the computerized personal information.

AB100-ASA1-AA10,6,18 (3) Content and form of notice. (a) Notice under sub. (2) (a) 1. shall be given in writing and contain all of the following:

AB100-ASA1-AA10,6,21 1. A statement that computerized personal information pertaining to the individual and owned or licensed by the person giving notice has been acquired by a person who is not authorized to do so by the individual.