AB428,3,22 51.30 (9) (title) Actions for violations; damages; injunction.
AB428, s. 2 3Section 2. 51.30 (9) (a) and (b) of the statutes are amended to read:
AB428,3,104 51.30 (9) (a) Any person, including the state or any political subdivision of the
5state, violating this section shall be liable to any person damaged as a result of the
6violation for such damages as may be proved, together with exemplary damages of
7not less more than $200 $10,000 for each violation and such costs and reasonable
8actual attorney fees as may be incurred by the person damaged. A custodian of
9records incurs no liability under this paragraph for the release of records in
10accordance with this section while acting in good faith.
AB428,4,311 (b) In any action brought under par. (a) in which the court determines that the
12violator acted in a manner that was knowing and wilful, the violator shall be liable
13for such damages as may be proved together with exemplary damages of not less

1more than $1,000 $25,000 for each violation, together with costs and reasonable
2actual attorney fees as may be incurred. It is not a prerequisite to an action under
3this subsection that the plaintiff suffer or be threatened with actual damages.
AB428, s. 3 4Section 3. 51.30 (10) of the statutes is renumbered 51.30 (10) (a), and 51.30
5(10) (a) (intro.), as renumbered, is amended to read:
AB428,4,76 51.30 (10) (a) (intro.) Whoever does any of the following may be fined not more
7than $1,000 $25,000 or imprisoned for not more than 6 9 months or both:
AB428, s. 4 8Section 4. 51.30 (10) (b) of the statutes is created to read:
AB428,4,109 51.30 (10) (b) Whoever negligently discloses confidential information under
10this section is subject to a forfeiture of not more than $1,000 for each violation.
AB428, s. 5 11Section 5. 146.84 (1) (a) of the statutes is amended to read:
AB428,4,1412 146.84 (1) (a) A custodian of records incurs no liability under this paragraph
13par. (bm) for the release of records in accordance with s. 146.82 or 146.83 while acting
14in good faith.
AB428, s. 6 15Section 6. 146.84 (1) (b) of the statutes is amended to read:
AB428,4,2016 146.84 (1) (b) Any person, including the state or any political subdivision of the
17state, who violates s. 146.82 or 146.83 in a manner that is knowing and wilful shall
18be liable to any person injured as a result of the violation for actual damages to that
19person;, exemplary damages of $1,000 in an action under this paragraph not more
20than $25,000 and costs and reasonable actual attorney fees
.
AB428, s. 7 21Section 7. 146.84 (1) (bm) of the statutes is created to read:
AB428,4,2522 146.84 (1) (bm) Any person, including the state or any political subdivision of
23the state, who negligently violates s. 146.82 or 146.83 shall be liable to any person
24injured as a result of the violation for actual damages to that person, exemplary
25damages of not more than $10,000 and costs and reasonable actual attorney fees.
AB428, s. 8
1Section 8. 146.84 (2) (intro.) of the statutes is renumbered 146.84 (2) (a)
2(intro.) and amended to read:
AB428,5,43 146.84 (2) (a) (intro.) Whoever does any of the following may be fined not more
4than $1,000 $25,000 or imprisoned for not more than 6 9 months or both:
AB428, s. 9 5Section 9. 146.84 (2) (a) to (c) of the statutes are renumbered 146.84 (2) (a) 1.
6to 3.
AB428, s. 10 7Section 10. 146.84 (2) (b) of the statutes is created to read:
AB428,5,108 146.84 (2) (b) Whoever negligently discloses confidential information in
9violation of s. 146.82 is subject to a forfeiture of not more than $1,000 for each
10violation.
AB428, s. 11 11Section 11. 252.15 (8) (a) of the statutes is amended to read:
AB428,5,1512 252.15 (8) (a) Any person violating sub. (2), (5) (a), (5m), (6) or (7) (c) is liable
13to the subject of the test for actual damages and, costs and reasonable actual attorney
14fees
, plus exemplary damages of up to $1,000 $10,000 for a negligent violation and
15up to $5,000 $25,000 for an intentional violation.
AB428, s. 12 16Section 12. 252.15 (9) of the statutes is amended to read:
AB428,5,2217 252.15 (9) Criminal penalty Penalties. Whoever intentionally discloses the
18results of a blood test in violation of sub. (2) (a) 7m., (5) (a) or (5m) and thereby causes
19bodily harm or psychological harm to the subject of the test may be fined not more
20than $10,000 $25,000 or imprisoned not more than 9 months or both. Whoever
21negligently discloses the results of a blood test in violation of sub. (2) (a) 7m., (5) (a)
22or (5m) is subject to a forfeiture of not more than $1,000 for each violation.
AB428, s. 13 23Section 13. 252.15 (10) of the statutes is created to read:
AB428,6,3
1252.15 (10) Discipline of employes. Any employe of the state or a political
2subdivision of the state who violates this section may be discharged or suspended
3without pay.
AB428, s. 14 4Section 14. 610.70 (7) of the statutes, as created by 1997 Wisconsin Act 231,
5is renumbered 610.70 (7) (a) and amended to read:
AB428,6,96 610.70 (7) (a) Any person who knowingly and wilfully obtains information
7about an individual from an insurer or insurance support organization under false
8pretenses may be fined not more than $10,000 $25,000 or imprisoned for not more
9than one year in the county jail 9 months or both.
AB428, s. 15 10Section 15. 610.70 (7) (b) of the statutes is created to read:
AB428,6,1511 610.70 (7) (b) Any person who knowingly and wilfully obtains information
12about an individual from an insurer or insurance support organization under false
13pretenses shall be liable to the individual for actual damages to that individual,
14exemplary damages of not more than $25,000 and costs and reasonable actual
15attorney fees.
AB428, s. 16 16Section 16. 895.85 (2) of the statutes is amended to read:
AB428,6,2017 895.85 (2) Scope. This section does not apply to awards of double damages or
18treble damages, or to the award of exemplary damages under ss. 46.90 (6) (c), 51.30
19(9), 51.61 (7), 103.96 (2), 134.93 (5), 146.84 (1) (b) and (bm), 153.85, 252.14 (4), 252.15
20(8) (a), 610.70 (7) (b), 943.245 (2) and (3) and 943.51 (2) and (3).
AB428,6,2121 (End)
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