January 19, 2006 - Introduced by Representatives Friske, Albers, Gunderson,
Hahn, Krawczyk, Musser, Nass, Petrowski, Schneider, Turner, Wood
and
Ziegelbauer, cosponsored by Senators Reynolds, Grothman and Roessler.
Referred to Committee on Transportation.
AB925,1,4 1An Act to renumber and amend 631.36 (4) (am); to amend 625.12 (1) (e),
2625.12 (2), 625.15 (1) and 628.34 (3) (a); and to create 340.01 (15t), 347.365,
3631.36 (4) (am) 2. and 632.368 of the statutes; relating to: event data recorders
4and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill requires a manufacturer of a vehicle to disclose to a buyer that the
vehicle is equipped with an event data recorder. An event data recorder is a device
that is capable of recording information regarding the vehicle's travel patterns, use
of safety equipment, and other data for the purpose of providing information after
a vehicular accident. The bill also requires the provider of a service that enables a
vehicle to transmit information regarding an accident to a centralized
communications system to inform a subscriber of the service that the vehicle is
equipped with an event data recorder.
The bill places limits on access to the information recorded by the event data
recorder. Under the bill only the registered owner or long-term lessee of the vehicle
may retrieve the information unless he or she consents to having someone else
retrieve the information, a court in a criminal matter orders the release of the
information, or a licensed motor vehicle dealer, technician, or mechanic uses the
information to service or repair the vehicle. In addition, under the bill the data may
be retrieved for the purpose of improving motor vehicle safety and for medical
research involving the effects of a vehicular accident on the human body, so long as
the identity of the vehicle's owner or driver is not released. A person who violates

these provisions may be liable for the injured party's attorney fees, and double
damages or $1,000, whichever is greater.
The bill also prohibits insurers that issue motor vehicle insurance policies from
having access to data stored in or retrieved from event data recorders. An event data
recorder is defined in the bill as a device that is installed in a motor vehicle; that
records information about the vehicle's travel patterns, including speed, the vehicle's
performance, such as steering and braking, and the driver's use of a safety belt; and
that has the ability to transmit to a central communications system information
concerning an accident involving the motor vehicle.
An insured or an applicant for motor vehicle insurance may authorize an
insurer to have access to data in an event data recorder, but the authorization must
be in writing in a signed document that is separate from the insurance policy. An
insurer is prohibited from refusing to issue or renew a motor vehicle insurance policy,
or from determining premium rates for such a policy, on the basis of whether an
insured or applicant authorizes the insurer to have access to data in an event data
recorder.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB925, s. 1 1Section 1. 340.01 (15t) of the statutes is created to read:
AB925,2,42 340.01 (15t) "Event data recorder" means a device that is installed in a vehicle
3and does any of the following, for the purpose of storing or retrieving data after an
4accident:
AB925,2,55 (a) Records the speed and direction at which the vehicle is traveling.
AB925,2,66 (b) Records a history of where the vehicle travels.
AB925,2,77 (c) Records steering performance.
AB925,2,98 (d) Records brake performance, including, but not limited to, recording
9whether brakes were applied before an accident.
AB925,2,1010 (e) Records whether a driver's safety belt was in use.
AB925,2,1211 (f) Transmits, or has the ability to transmit, information concerning an
12accident involving the vehicle to a central communications system.
AB925, s. 2 13Section 2. 347.365 of the statutes is created to read:
AB925,3,5
1347.365 Event data recorders; disclosure; access to data. (1) A
2manufacturer of a vehicle that is equipped with an event data recorder and that is
3manufactured on or after the effective date of this subsection .... [revisor inserts
4date], shall disclose the existence of the event data recorder in the vehicle's owner's
5manual.
AB925,3,10 6(2) If a vehicle is equipped, as a subscription service, with an event data
7recorder that is capable of transmitting information concerning an accident
8involving the vehicle to a central communications system, the service provider shall
9disclose, in writing, the existence of the event data recorder in the subscription
10service agreement or contract.
AB925,3,13 11(3) Except as provided in s. 632.368 (3), data recorded by an event data recorder
12may not be downloaded or otherwise retrieved by a person other than the registered
13owner or long-term lessee of the vehicle, unless one of the following applies:
AB925,3,1514 (a) The registered owner or lessee of the vehicle consents, in writing, to the
15retrieval of the information.
AB925,3,1616 (b) A court in a criminal proceeding orders the retrieval of the data.
AB925,3,2417 (c) The identification of the registered owner or driver of the vehicle is not
18disclosed, and the data is used to improve motor vehicle safety or for medical research
19involving the study of the human body's reaction to vehicular accidents. The
20disclosure of the vehicle identification number does not constitute the disclosure of
21the registered owner or driver of the vehicle under this paragraph. Data disclosed
22under this paragraph may be released for the purpose of improving motor vehicle
23safety or for medical research involving the study of the human body's reaction to
24vehicular accidents.
AB925,4,2
1(d) The data is retrieved by a licensed motor vehicle dealer, service technician,
2or mechanic for the purpose of diagnosing, repairing, or servicing the vehicle.
AB925,4,7 3(4) Any person violating this section shall be liable to any person injured
4thereby for twice the amount of damages sustained in consequence of such violation,
5or $1,000, whichever amount is greater, and for payment of reasonable attorney fees
6incurred by the injured person in connection with the violation. Liability under this
7subsection may be enforced by suit in any court of competent jurisdiction.
AB925, s. 3 8Section 3. 625.12 (1) (e) of the statutes is amended to read:
AB925,4,109 625.12 (1) (e) Subject to s. ss. 632.365 and 632.368 (4) (b), all other relevant
10factors, including the judgment of technical personnel.
AB925, s. 4 11Section 4. 625.12 (2) of the statutes is amended to read:
AB925,4,2012 625.12 (2) Classification. Risks may be classified in any reasonable way for
13the establishment of rates and minimum premiums, except that no classifications
14may be based on race, color, creed, or national origin, and classifications in
15automobile insurance may not be based on physical condition or developmental
16disability as defined in s. 51.01 (5). Subject to s. ss. 632.365 and 632.368 (4) (b), rates
17thus produced may be modified for individual risks in accordance with rating plans
18or schedules that establish reasonable standards for measuring probable variations
19in hazards, expenses, or both. Rates may also be modified for individual risks under
20s. 625.13 (2).
AB925, s. 5 21Section 5. 625.15 (1) of the statutes is amended to read:
AB925,5,322 625.15 (1) Rate making. An insurer may itself establish rates and
23supplementary rate information for one or more market segments based on the
24factors in s. 625.12 and, if the rates are for motor vehicle liability insurance, subject
25to s. ss. 632.365 and 632.368 (4) (b), or the insurer may use rates and supplementary

1rate information prepared by a rate service organization, with average expense
2factors determined by the rate service organization or with such modification for its
3own expense and loss experience as the credibility of that experience allows.
AB925, s. 6 4Section 6. 628.34 (3) (a) of the statutes is amended to read:
AB925,5,125 628.34 (3) (a) No insurer may unfairly discriminate among policyholders by
6charging different premiums or by offering different terms of coverage except on the
7basis of classifications related to the nature and the degree of the risk covered or the
8expenses involved, subject to ss. 632.365, 632.368 (4) (b), 632.746, and 632.748.
9Rates are not unfairly discriminatory if they are averaged broadly among persons
10insured under a group, blanket or franchise policy, and terms are not unfairly
11discriminatory merely because they are more favorable than in a similar individual
12policy.
AB925, s. 7 13Section 7. 631.36 (4) (am) of the statutes is renumbered 631.36 (4) (am) (intro.)
14and amended to read:
AB925,5,1615 631.36 (4) (am) Prohibited nonrenewals. (intro.) Notwithstanding par. (a) an
16insurer may not refuse to renew a policy solely because of the any of the following:
AB925,5,18 171. The termination of an insurance marketing intermediary's contract with the
18insurer unless the insurer complies with sub. (4m).
AB925, s. 8 19Section 8. 631.36 (4) (am) 2. of the statutes is created to read:
AB925,5,2220 631.36 (4) (am) 2. If the policy is a motor vehicle liability insurance policy, the
21insured's refusal to authorize the insurer to have access to data stored in or retrieved
22from an event data recorder, as provided in s. 632.368 (4) (a).
AB925, s. 9 23Section 9. 632.368 of the statutes is created to read:
AB925,5,25 24632.368 Access to data in event data recorders. (1) Definitions. In this
25section:
AB925,6,1
1(a) "Event data recorder" has the meaning given in s. 340.01 (15t).
AB925,6,32 (b) "Insurer" means an insurer that issues motor vehicle liability insurance
3policies.
AB925,6,5 4(2) Prohibition on access to data. (a) Except as provided in sub. (3), an insurer
5may not have access to data that is stored in or retrieved from an event data recorder.
AB925,6,76 (b) Paragraph (a) does not apply to data stored in or retrieved from an event
7data recorder that is installed in a motor vehicle owned by the insurer.
AB925,6,12 8(3) Authorization for access. An insured or applicant for insurance may
9authorize an insurer to have access to data stored in or retrieved from an event data
10recorder that is installed in a motor vehicle owned by the insured or applicant. Any
11authorization must be given knowingly and voluntarily in writing in a document that
12is separate from the insurance policy and that is signed by the insured or applicant.
AB925,6,16 13(4) Prohibited actions when authorization denied. (a) An insurer may not
14refuse to issue or renew a motor vehicle liability insurance policy on the basis of
15whether the applicant or insured authorizes the insurer to have access to data stored
16in or retrieved from an event data recorder.
AB925,6,1917 (b) An insurer may not use as a factor in determining premium rates for a motor
18vehicle liability insurance policy whether the applicant or insured authorizes the
19insurer to have access to data stored in or retrieved from an event data recorder.
AB925, s. 10 20Section 10. Initial applicability.
AB925,6,2521 (1) Prohibitions on access to data. If a motor vehicle liability insurance policy
22that is in effect on the effective date of this subsection contains a provision that is
23inconsistent with the treatment of section 632.368 (2) (a) and (3) of the statutes, the
24treatment of section 632.368 (2) (a) and (3) of the statutes first applies to that motor
25vehicle liability insurance policy on the date on which it is renewed.
AB925,7,1
1(2) Prohibitions on insurance use of refusal to allow access to data.
AB925,7,22 (a) Coverage.
AB925,7,6 31. `Issuance.' The treatment of section 632.368 (4) (a) (with respect to not
4refusing to issue a motor vehicle liability insurance policy) of the statutes first
5applies to motor vehicle liability insurance policies that are issued on the effective
6date of this subdivision.
AB925,7,11 72. `Renewal.' The treatment of section 632.368 (4) (a) (with respect to not
8refusing to renew a motor vehicle liability insurance policy) of the statutes, the
9renumbering and amendment of section 631.36 (4) (am) of the statutes, and the
10creation of section 631.36 (4) (am) 2. of the statutes first apply to motor vehicle
11liability insurance policies that are renewed on the effective date of this subdivision.
AB925,7,1312 (b) Rates. The treatment of sections 625.12 (1) (e) and (2), 625.15 (1), 628.34
13(3) (a), and 632.368 (4) (b) of the statutes first applies to all of the following:
AB925,7,16 141. Except as provided in subdivision 2., premium rates for motor vehicle
15liability insurance policies that are issued or renewed on the effective date of this
16subdivision.
AB925,7,19 172. Premium rates that are modified on the effective date of this subdivision for
18motor vehicle liability insurance policies that are in effect on the effective date of this
19subdivision.
AB925,7,2020 (End)
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