AB102, s. 2 17Section 2. 19.36 (15) of the statutes is created to read:
AB102,4,1918 19.36 (15) Social security numbers. (a) In this subsection, "employee"
19includes an individual holding a local public office or a state public office.
AB102,5,720 (b) Except as provided in par. (c), if a new record containing a social security
21number of an individual, together with information revealing the identity of that

1individual, is kept by an authority on or after January 1, 2009, or if a record in the
2custody of an authority is modified to insert the social security number of an
3individual on or after January 1, 2009, and the record contains information revealing
4the identity of that individual, the authority shall delete the social security number
5before permitting access to the record to any person other than an officer or employee
6of the authority, unless the requester is specifically authorized by federal or state law
7or by the record subject to have access to the number.
AB102,5,108 (c) Unless otherwise provided by federal or state law, including common law
9principles, a requester may have access to a record containing the social security
10number of an individual if any of the following applies:
AB102,5,1611 1. The record pertains to that individual alone, to the marital or parental rights
12or responsibilities of that individual and his or her spouse or former spouse, to
13property of that individual held jointly or in common tenancy with one or more other
14individuals, or to a civil legal action or proceeding in which the individual is a
15specifically named party, and the individual provides appropriate identification to
16the custodian.
AB102,5,2017 2. The requester is an authorized representative of an insurer or an
18organization that performs investigations for insurers and the social security
19number is relevant to an investigation of suspected, anticipated, or actual insurance
20fraud.
AB102,6,321 (d) No authority may provide access under s. 19.35 (1) to any record to which
22access is restricted under par. (b) that contains the social security number of an
23individual, together with information revealing the identity of that individual, to any
24officer or employee of the authority other than the legal custodian or an employee
25working under the immediate supervision of the custodian unless the number is

1redacted, the officer's or employee's official responsibilities require the officer or
2employee to have access to the number, or the officer or employee is authorized by
3the record subject to have access to the number.
AB102, s. 3 4Section 3. 19.37 (4) of the statutes is renumbered 19.37 (4) (a).
AB102, s. 4 5Section 4. 19.37 (4) (b) and (c) of the statutes are created to read:
AB102,6,96 19.37 (4) (b) If any person misrepresents his or her identity for the purpose of
7obtaining access to the social security number of another individual under s. 19.36
8(15) (c), the person may be required to forfeit not more than $1,000 for each social
9security number obtained by the person by means of such misrepresentation.
AB102,6,1310 (c) If an insurer or other person obtains a social security number under s. 19.36
11(15) (c) and uses that number for purposes other than an investigation as provided
12in that paragraph, the person may be required to forfeit not more than $1,000 for
13each social security number used by the person for such unauthorized purposes.
AB102, s. 5 14Section 5. 59.20 (3) (d) of the statutes is amended to read:
AB102,6,1815 59.20 (3) (d) Any register of deeds who in good faith makes an erroneous
16determination as to the accessibility of a portion of a record, to members of the public
17under s. 19.36 (6), is not subject to any penalty for denial of access to the record under
18s. 19.37 (4) (a).
AB102, s. 6 19Section 6. 103.135 of the statutes is created to read:
AB102,6,24 20103.135 Records containing social security numbers of employees. (1)
21Definition. In this section, "officer" means an officer of a governmental body, an
22officer or director of a corporation, a member or manager of a limited liability
23company, a partner of a partnership or a joint venture, or an owner of a sole
24proprietorship.
AB102,7,4
1(2) Access prohibited; exceptions. No employer may provide access to any
2record that contains the social security number of an employee of that employer,
3together with information revealing the identity of that employee, to any person
4unless any of the following applies:
AB102,7,55 (a) The number is redacted.
AB102,7,76 (b) The person is authorized by federal or state law or by the employee who is
7the subject of the record to have access to the number.
AB102,7,108 (c) The person is an officer, employee, or agent of the employer and the official
9responsibilities of the officer, employee, or agent require him or her to have access
10to the number.
AB102, s. 7 11Section 7. 134.44 of the statutes is created to read:
AB102,7,14 12134.44 Requests by retailers for social security numbers. (1) No seller
13of goods at retail may request that a customer disclose the customer's social security
14number.
AB102,7,19 15(2) Subsection (1) does not apply to an agent of the department of natural
16resources appointed under s. 29.024 (6) (a) 3. who requests a customer's social
17security number if the customer is applying to the agent for an approval, as defined
18in s. 29.001 (12), and the customer's social security number is required under s.
1929.024 (2g) or (2r).
AB102,7,20 20(3) Any seller who violates sub. (1) shall be fined not more than $100.
AB102, s. 8 21Section 8. 138.25 of the statutes is created to read:
AB102,7,22 22138.25 Credit scores. (1) Definitions. In this section:
AB102,8,323 (a) "Credit report" means means any written, oral, or other communication of
24any information by a credit reporting agency bearing on an individual's
25creditworthiness, credit standing, or credit capacity, which is used or is expected to

1be used, or collected in whole or in part, for a purpose specified in 15 USC 1681b or
2for the purpose of serving as a factor in establishing the individual's eligibility for any
3of the following:
AB102,8,44 1. Credit to be used primarily for personal, family, or household purposes.
AB102,8,55 2. Employment, promotion, reassignment, or retention as an employee.
AB102,8,66 3. Rental of a residential dwelling unit.
AB102,8,137 (b) "Credit reporting agency" means any person who, for fees, dues, or other
8compensation, or on a cooperative nonprofit basis, regularly engages in whole or in
9part in the business of assembling or evaluating credit or other information on
10individuals for the purpose of preparing credit reports that the credit reporting
11agency furnishes to 3rd parties, but does not include any governmental agency whose
12records are maintained primarily for traffic safety, law enforcement, or licensing
13purposes.
AB102,8,16 14(2) Prohibition. No credit reporting agency may use the number of creditor
15inquiries as a factor in any credit scoring methodology used by the credit reporting
16agency in preparing credit reports.
AB102,8,17 17(3) Enforcement. The division of banking shall enforce this section.
AB102, s. 9 18Section 9. 230.16 (12) of the statutes is created to read:
AB102,8,2119 230.16 (12) An applicant's social security number may not be used for the
20purpose of identifying the applicant on any examination under this subchapter or
21under rules of the administrator.
AB102, s. 10 22Section 10. Initial applicability.
AB102,8,2423 (1) Credit scores. The treatment of section 138.25 of the statutes first applies
24to credit reports furnished to 3rd parties on the effective date of this subsection.
AB102,8,2525 (End)
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