SB581: Bill Text

SB581,9,5 (4) Exceptions. This section does not apply to the credit reports of an individual that a credit reporting agency releases to, or for, any of the following:

SB581,9,9 (a) A person, or subsidiary, affiliate, agent, or assignee of a person, with whom the individual has or, prior to assignment, had an account, contract, or debtor-creditor relationship, for the purpose of account review or collection of a financial obligation owing on the account, contract, or debt.

SB581,9,12 (b) A subsidiary, affiliate, agent, assignee, or prospective assignee of a 3rd party or eligible user to whom the credit reporting agency is allowed to release a credit report under sub. (3) (a).

SB581,9,13 (c) A court, state or local governmental agency, or law enforcement agency.

SB581,9,14 (d) A person acting pursuant to a court order, warrant, or subpoena.

SB581,9,17 (e) The department of workforce development or a county child support agency for the purpose of enforcing support or maintenance obligations owed by the individual.

SB581,9,25 (f) The department of health and family services or the department of workforce development for the purpose of investigating suspected fraudulent activity regarding the Wisconsin works program under ss. 49.141 to 49.161, medical assistance under subch. IV of ch. 49, food stamp benefits under the food stamp program under 7 USC 2011 to 2036, supplemental security income payments under s. 49.77, payments for the support of children of supplemental security income recipients under s. 49.775, or health care benefits under the Badger Care health care program under s. 49.665.

SB581,10,1 (g) The department of revenue for the purpose of collecting delinquent taxes.

SB581,10,3 (h) The use of credit information for the purposes of prescreening as provided under 15 USC 1681b (c).

SB581,10,5 (i) A person administering a credit file monitoring subscription service to which the individual has subscribed.

SB581,10,7 (j) A person for the purpose of providing an individual with a copy of his or her credit report upon the individual's request.

SB581,10,10 (5) Third parties. (a) If a 3rd party requests access to a credit report that a credit reporting agency may not release to the 3rd party under this section, then all of the following apply:

SB581,10,13 1. If the 3rd party's request is in connection with the individual's application to the 3rd party for credit or any other purpose, the 3rd party may treat the application as incomplete.

SB581,10,14 2. The credit reporting agency shall notify the individual about the request.

SB581,10,18 (b) This section does not prohibit a credit reporting agency from advising a 3rd party that an individual has provided a notice under sub. (2) (a) and that the credit reporting agency must obtain the individual's authorization before releasing the individual's credit report.

SB581,10,22 (6) Fees. (a) Except as provided in par. (b), a credit reporting agency may not charge a fee to an individual for providing notice under sub. (2) (a), making a request under sub. (2) (b), rescinding a notice under sub. (3) (a) 2., or taking any other action allowed under this section.

SB581,11,3 (b) If an individual fails to retain the personal identification number or password specified in sub. (2) (a) 3., a credit reporting agency may not charge the individual a fee for reissuing the personal identification number or password or issuing a new personal identification number or password, but the credit reporting agency may charge the individual a fee of no more than $5 for each subsequent reissuance or issuance.

SB581,11,7 (7) Notice. Whenever a consumer reporting agency is required to provide an individual with a notice under 15 USC 1681g regarding consumer rights under the federal credit reporting law, the consumer reporting agency shall also provide the individual with a notice in 12-point type in substantially the following form:

SB581,11,8 RIght to restrict access to credit reports

SB581,11,14 Under Wisconsin law, you may restrict access to your credit report at no charge to protect your privacy and ensure that credit is not granted in your name without your knowledge. Wisconsin law provides this right so that you can prevent credit, loans, and services from being approved in your name without your consent. If you exercise this right, you can prohibit a consumer credit reporting agency from releasing any information in your credit report without your express authorization.

SB581,11,21 If you notify a credit reporting agency that you want to exercise this right, the credit reporting agency must, within 5 business days after receiving the notice, provide you with a personal identification number or password, which you may use for authorizing the release of your credit report to a specific party or to any party for a specified period of time. Within 3 business days after you authorize the release of your credit report, the credit reporting agency must make the report available to the party you specified or for the period of time you specified.

SB581,11,24 The right described above does not apply if a party with whom you have an existing account, contract, or debtor-creditor relationship requests your credit report for certain account review activities.

SB581,12,4 If you are actively seeking credit, you should understand that, if you exercise the right described above, you may delay your applications for credit. You should plan ahead and authorize release of your credit report a few days before you actually apply for credit.

SB581,12,7 If you exercise the right describe above, Wisconsin law allows you to bring a civil action against a credit reporting agency that releases your credit report without your authorization.

SB581,12,8 (8) Enforcement. The division of banking shall enforce this section.

SB581,12,14 (9) Private cause of action. Any person who suffers damages as the result of another person's violation of this section may bring an action against the violator for injunctive relief and to recover the amount of those damages or $10,000 for each violation, whichever is greater. Notwithstanding s. 814.04 (1), in an action under this subsection, the court shall award a prevailing plaintiff reasonable attorney fees and costs of the investigation and litigation.

SB581, s. 4 Section 4. 165.25 (4) (ar) of the statutes is amended to read:

SB581,12,21 165.25 (4) (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50 and, 100.51, and 100.54, and chs. 126, 136, 344, 704, 707, and 779, together with any other services as are necessarily connected to the legal services.

SB581, s. 5 Section 5. 343.17 (3) (a) 4. of the statutes is amended to read:

SB581,12,24 343.17 (3) (a) 4. A unique identifying driver number assigned by the department, which may not be the person's social security number.

SB581, s. 6 Section 6. 939.646 of the statutes is created to read:

SB581,13,3 939.646 Penalty; identity theft crimes committed against vulnerable persons. (1) If a person does all of the following, the penalties for the underlying crime are increased as provided in sub. (2):

SB581,13,4 (a) Commits a crime under s. 943.201 (2) (a) or (b).

SB581,13,9 (b) Intentionally selects the person against whom the crime under par. (a) is committed because the person is a vulnerable adult, as defined in s. 940.285 (1) (e), has a disability that makes him or her more vulnerable, or appear to be more vulnerable, to a crime under s. 943.201 (2) (a) or (b), is a person who is elderly, or is a person under the age of 18.

SB581,13,12 (2) The maximum fine prescribed by law for the crime is increased by $5,000 and the maximum term of imprisonment prescribed by law for the crime is increased by 5 years.

SB581,13,15 (3) This section provides for the enhancement of the penalties applicable for the underlying crime. The court shall direct that the trier of fact find a special verdict as to all of the issues specified in sub. (1).

SB581, s. 7 Section 7. 942.05 of the statutes is repealed and recreated to read:

SB581,13,17 942.05 Mail theft. (1) In this section:

SB581,13,19 (a) "Mail" means a letter, postal card, package, bag, or other sealed article that is being mailed.

SB581,13,21 (b) "Mail depository" means a mail box, letter box, mail receptacle, post office, a station of a post office, a mail route, or a postal service vehicle.

SB581,13,25 (c) "Person with a claim of right" means a person who owns or rents the mail depository, who has permission from the owner or renter of the mail depository, who is currently working in the line of duty for the postal service, or who is the sender of or the addressee on the mail.

SB581,14,2 (2) Whoever, without a claim of right, does any of the following is guilty of a Class I felony:

SB581,14,3 (a) Removes mail from a mail depository.

SB581,14,4 (b) Takes mail from a mail carrier.

SB581,14,5 (c) Deceives a person with a claim of right in order to obtain custody of mail.

SB581,14,6 (d) Removes the contents of mail.

SB581,14,7 (e) Removes mail that has been left for collection at a mail depository.

SB581,14,10 (f) Receives, possesses, transfers, publishes, buys, or conceals mail obtained by an act described in pars. (a) to (e) if the person knows or should know that the mail was obtained by an act described in pars. (a) to (e).

SB581, s. 8 Section 8. 971.19 (12) of the statutes is created to read:

SB581,14,16 971.19 (12) In an action under s. 942.05, the defendant may be tried in the county where the crime was committed, in the county where the victim resided at the time of the offense, or, if the victim was an entity, as defined in s. 943.203 (1) (a), in the county in which the victim's place of business was located at the time of the offense.

SB581, s. 9 Section 9. Nonstatutory provisions.

SB581,14,18 (1) Employee social security numbers.

SB581,14,25 (a) Use of employee social security numbers. Notwithstanding section 103.135 (2) of the statutes, as created by this act, and Section 10 (2 ) (a) of this act, within 90 days after the effective date of this subsection, an employer that before the effective date of this subsection used a social security number or derivative of a social security number of an employee as an identifier shall cease using that number or derivative as an identifier, except as permitted under section 103.135 (2) of the statutes, as created by this act.

SB581,15,6 (b) Display of employee social security numbers. Notwithstanding section 103.135 (3) of the statutes, as created by this act, and Section 10 (2) (b ) of this act, within 90 days after the effective date of this subsection, an employer that before the effective date of this subsection issued an identification card to an employee that does not conform to section 103.135 (3) of the statutes, as created by this act, shall replace that identification card with an identification card that conforms to that section.

SB581, s. 10 Section 10 . Initial applicability.

SB581,15,10 (1) Identity theft. The treatment of section 939.646 of the statutes first applies to violations of section 943.201 (2) of the statutes that occur on the effective date of this subsection.

SB581,15,11 (2) Employee social security numbers.

SB581,15,15 (a) Unnecessary solicitation or use of social security numbers. The treatment of section 103.135 (2) of the statutes first applies to a person who applies for employment on the effective date of this paragraph and to the use of a social security number as an identifier on the effective date of his paragraph.

SB581,15,18 (b) Display of social security number. The treatment of section 103.135 (3) of the statutes first applies to an employee identification card issued on the effective date of this paragraph.

SB581, s. 11 Section 11. Effective dates. This act takes effect on the day after publication, except as follows:

SB581,15,22 (1) Credit reports. The treatment of section 138.25 of the statutes takes effect on the first day of the 4th month beginning after publication.

SB581,15,23 (End)