Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1135 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1135
5	5	March 6, 2024 - Introduced by Representatives BILLINGS, CLANCY, SUBECK, SINICKI,
6	6	STUBBS, EMERSON, OHNSTAD, CONLEY, JOERS, DRAKE and SNODGRASS,
7	7	cosponsored by Senators AGARD, PFAFF and ROYS. Referred to Committee on
8	8	Transportation.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to create 100.535 of the statutes; relating to: suspending remote access
11	11	to motor vehicles upon request from survivors of domestic abuse, human
12	12	trafficking, and related acts.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill creates a requirement that motor vehicle manufacturers suspend a
15	15	motor vehicle's remote access abilities upon request from survivors of domestic
16	16	abuse, human trafficking, and related acts. “Remote access” is defined in the bill as
17	17	a feature of a motor vehicle that allows individuals access to a motor vehicle using
18	18	the Internet, including the ability to remotely lock and unlock the motor vehicle,
19	19	start and stop the motor vehicle's engine, adjust temperature settings, and track the
20	20	motor vehicle's location.
21	21	Under the bill, a motor vehicle manufacturer must, within two business days
22	22	after receiving a completed remote access suspension request, suspend the remote
23	23	access ability of an abuser to a motor vehicle in the possession of a survivor.
24	24	Under the bill, a “survivor” means an individual who is 18 years of age and
25	25	either 1) against whom a covered act has been committed or allegedly committed or
26	26	2) who cares for another individual against whom a covered act has been committed
27	27	or allegedly committed, provided that the individual providing care did not commit
28	28	or allegedly commit the covered act. Under the bill, a “covered act” means conduct
29	29	that constitutes domestic abuse, sexual assault, stalking, or human trafficking. A
30	30	criminal conviction or any other determination of a court is not required for conduct
31	31	to be a “covered act.” Under the bill, an “abuser” means an individual who committed
32	32	or allegedly committed a covered act.
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37	37	ASSEMBLY BILL 1135
38	38	A remote access suspension request under the bill must verify that an
39	39	individual who has remote access to a motor vehicle in the possession of the survivor
40	40	has committed or allegedly committed a covered act against the survivor or an
41	41	individual under the survivor's care by providing either 1) a signed affidavit from a
42	42	licensed medical or mental health care provider, social worker, victim service
43	43	provider, or employee of a court, or 2) a copy of a police report, statements provided
44	44	by police, charging documents, protective or restraining orders, or another official
45	45	record documenting the covered act.
46	46	Under the bill, a motor vehicle manufacturer may not make remote access
47	47	suspension contingent on any other requirement other than those described above,
48	48	including payment of a fee and approval of separation by a motor vehicle title holder
49	49	who is not the survivor.
50	50	The people of the state of Wisconsin, represented in senate and assembly, do
51	51	enact as follows:
52	52	SECTION 1. 100.535 of the statutes is created to read:
53	53	100.535 Suspending remote access to motor vehicles for survivors of
54	54	domestic abuse, human trafficking, and related acts. (1) DEFINITIONS. In this
55	55	section:
56	56	(a) “Abuser” means an individual who has committed or allegedly committed
57	57	a covered act against an individual who seeks relief under this section or an
58	58	individual in the care of an individual who seeks relief under this section.
59	59	(b) “Covered act” means conduct that constitutes domestic abuse, as defined in
60	60	s. 813.12 (1) (am), sexual assault under s. 940.225, 948.02, or 948.025, stalking under
61	61	s. 940.32, or human trafficking under s. 940.302. A criminal conviction or any other
62	62	determination of a court is not required for conduct to be a “covered act.”
63	63	(c) “Motor vehicle” means any motor-driven vehicle required to be registered
64	64	under ch. 341.
65	65	(d) “Motor vehicle manufacturer” has the same meaning given for
66	66	“manufacturer” in s. 218.0101 (20).
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84	84	SECTION 1
85	85	ASSEMBLY BILL 1135
86	86	(e) “Remote access” means a feature of a motor vehicle that allows individuals
87	87	access to a motor vehicle using the Internet, including through a mobile application.
88	88	Such access includes the ability to remotely lock and unlock the motor vehicle, start
89	89	and stop the motor vehicle's engine, adjust temperature settings, and track the motor
90	90	vehicle's location using global positioning system tracking or comparable technology.
91	91	(f) “Survivor” means an individual who is 18 years of age or older and one of the
92	92	following:
93	93	1. Against whom a covered act has been committed or allegedly committed.
94	94	2. Who cares for another individual against whom a covered act has been
95	95	committed or allegedly committed, provided that the individual providing care did
96	96	not commit or allegedly commit the covered act.
97	97	(g) “Victim service provider” means a nonprofit corporation or public agency
98	98	that provides any of the following services to victims of domestic abuse, sexual
99	99	assault, stalking, or human trafficking:
100	100	1. Shelter facilities or private home shelter care.
101	101	2. Advocacy and counseling services.
102	102	3. A 24-hour telephone service.
103	103	(2) SUSPENSION OF REMOTE ACCESS TO A MOTOR VEHICLE. (a) A motor vehicle
104	104	manufacturer shall, within 2 business days after receiving a completed remote
105	105	access suspension request under sub. (4), suspend remote access of the abuser to the
106	106	motor vehicle in the possession of the survivor.
107	107	(b) Except as provided in sub. (4), a motor vehicle manufacturer may not make
108	108	remote access suspension under par. (a) contingent on any requirement, including:
109	109	1. Payment of a fee, penalty, or other charge.
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136	136	2. Approval of the suspension by the owner of the motor vehicle, if the owner
137	137	is not the survivor.
138	138	3. Payment of an outstanding balance related to the motor vehicle.
139	139	(3) OTHER REQUIREMENTS FOR MOTOR VEHICLE MANUFACTURERS . A motor vehicle
140	140	manufacturer shall do all of the following:
141	141	(a) Provide the ability to submit a remote access suspension request through
142	142	secure and remote means that are easily navigable, provided that remote options are
143	143	commercially available and technically feasible.
144	144	(b) When completing a remote access suspension request, allow the survivor
145	145	to elect the manner in which the motor vehicle manufacturer may contact the
146	146	survivor, or designated representative of the survivor, in response to the request or
147	147	notify the survivor, or designated representative of the survivor, of the inability of the
148	148	motor vehicle manufacturer to complete the remote access suspension.
149	149	(c) Notify the survivor of the date on which the motor vehicle manufacturer
150	150	intends to give any formal notice of the remote access suspension to the owner of the
151	151	motor vehicle, if the owner is not the survivor.
152	152	(d) Treat any information submitted by a survivor under sub. (4) as confidential
153	153	and securely dispose of the information not later than 90 days after receiving the
154	154	information.
155	155	(e) Make information about options for remote access suspension requests
156	156	under sub. (4) readily available to consumers on the motor vehicle manufacturer's
157	157	website and mobile application and in other forms of public-facing consumer
158	158	communication.
159	159	(4) REMOTE ACCESS SUSPENSION REQUEST REQUIREMENTS. A completed remote
160	160	access suspension request shall do all of the following:
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186	186	LRB-5894/1
187	187	MDE:cdc
188	188	SECTION 1
189	189	ASSEMBLY BILL 1135
190	190	(a) Verify that an individual who has remote access to the motor vehicle
191	191	committed or allegedly committed a covered act against the requesting survivor or
192	192	an individual under the requesting survivor's care, by providing one of the following:
193	193	1. A copy of a signed affidavit from a licensed medical or mental health care
194	194	provider, licensed military medical or mental health care provider, licensed social
195	195	worker, victim service provider, or an employee of a court, acting within the scope of
196	196	that individual's employment.
197	197	2. A copy of a police report; statements provided by police, including military
198	198	police, to magistrates or judges; charging documents; protective or restraining
199	199	orders; military protective orders; or any other official record that documents the
200	200	covered act.
201	201	(b) Verify that the requesting survivor or an individual in the requesting
202	202	survivor's care is in possession of the motor vehicle.
203	203	(c) Request relief under sub. (2) (a).
204	204	(5) TECHNICAL INFEASIBILITY. (a) The requirements of sub. (2) do not apply to
205	205	a motor vehicle manufacturer provider if the covered provider cannot operationally
206	206	or technically complete a remote access suspension request under this section.
207	207	(b) If a motor vehicle manufacturer cannot operationally or technically
208	208	complete a remote access suspension request, the motor vehicle manufacturer shall
209	209	notify the requesting survivor of the inability within 2 business days after receiving
210	210	the request.
211	211	(END)
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