Amendment ASA1-AB384

LRBs0146/1

MDK:cjs&kjf:rs

2013 - 2014 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 384

October 14, 2013 - Offered by Representative Kaufert.

AB384-ASA1,1,3 An Act to create 196.137 (2) (ae), 196.137 (2) (am), 196.137 (2) (as) and 196.137 (2) (cr) of the statutes; relating to: exceptions to the prohibition of release of customer information by a municipal utility.

Analysis by the Legislative Reference Bureau

Under current law, a municipal utility is generally prohibited from releasing "customer information," which is defined as any information received from customers which serves to identify customers individually by usage or account status, without the customer's consent. The prohibition, however, has several exceptions. The exceptions are releases of customer information: 1) to certain persons who perform services or functions for municipal utilities, 2) to certain transmission and distribution utilities and operators, 3) to the Public Service Commission (PSC) or persons whom the PSC authorizes by order or rule to receive the customer information, 4) to an owner of a rental dwelling unit to whom the municipal utility provides certain past-due notices, and 5) to any other person otherwise authorized by law to receive the customer information.

This substitute amendment creates additional exceptions to the prohibition by allowing a municipal utility to release customer information to the following: 1) for compliance with security disclosure obligations, a municipal security purchaser or investor; 2) in connection with the preparation of real estate closing documents, a title agent, insurer, lender, mortgage broker, or attorney; 3) in connection with the foreclosure of real property, a lender or prospective purchaser; or 4) an owner of real property provided with municipal utility service or the owner's designated agent or representative.

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

AB384-ASA1,1 Section 1. 196.137 (2) (ae) of the statutes is created to read:

AB384-ASA1,2,5 196.137 (2) (ae) In connection with an issue of municipal securities and to the extent the municipal utility determines release is necessary to comply with securities disclosure obligations, a lender or a purchaser, or potential purchaser, of or investor, or potential investor, in municipal securities.

AB384-ASA1,2 Section 2. 196.137 (2) (am) of the statutes is created to read:

AB384-ASA1,2,9 196.137 (2) (am) In connection with the preparation of real estate closing documents, a title agent, insurer, lender, mortgage broker, or attorney providing legal services.

AB384-ASA1,3 Section 3. 196.137 (2) (as) of the statutes is created to read:

AB384-ASA1,2,12 196.137 (2) (as) In connection with the foreclosure of real property, a lender or prospective purchaser.

AB384-ASA1,4 Section 4. 196.137 (2) (cr) of the statutes is created to read:

AB384-ASA1,2,15 196.137 (2) (cr) An owner of real property provided with municipal utility service or the owner's designated agent or representative.

AB384-ASA1,2,16 (End)