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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1135
March 6, 2024 - Introduced by Representatives BILLINGS, CLANCY, SUBECK, SINICKI,
STUBBS, EMERSON, OHNSTAD, CONLEY, JOERS, DRAKE and SNODGRASS,
cosponsored by Senators AGARD, PFAFF and ROYS. Referred to Committee on
Transportation.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 100.535 of the statutes; relating to: suspending remote access
to motor vehicles upon request from survivors of domestic abuse, human
trafficking, and related acts.
Analysis by the Legislative Reference Bureau
This bill creates a requirement that motor vehicle manufacturers suspend a
motor vehicle's remote access abilities upon request from survivors of domestic
abuse, human trafficking, and related acts. “Remote access” is defined in the bill as
a feature of a motor vehicle that allows individuals access to a motor vehicle using
the Internet, including the ability to remotely lock and unlock the motor vehicle,
start and stop the motor vehicle's engine, adjust temperature settings, and track the
motor vehicle's location.
Under the bill, a motor vehicle manufacturer must, within two business days
after receiving a completed remote access suspension request, suspend the remote
access ability of an abuser to a motor vehicle in the possession of a survivor.
Under the bill, a “survivor” means an individual who is 18 years of age and
either 1) against whom a covered act has been committed or allegedly committed or
2) who cares for another individual against whom a covered act has been committed
or allegedly committed, provided that the individual providing care did not commit
or allegedly commit the covered act. Under the bill, a “covered act” means conduct
that constitutes domestic abuse, sexual assault, stalking, or human trafficking. A
criminal conviction or any other determination of a court is not required for conduct
to be a “covered act.” Under the bill, an “abuser” means an individual who committed
or allegedly committed a covered act.
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ASSEMBLY BILL 1135
A remote access suspension request under the bill must verify that an
individual who has remote access to a motor vehicle in the possession of the survivor
has committed or allegedly committed a covered act against the survivor or an
individual under the survivor's care by providing either 1) a signed affidavit from a
licensed medical or mental health care provider, social worker, victim service
provider, or employee of a court, or 2) a copy of a police report, statements provided
by police, charging documents, protective or restraining orders, or another official
record documenting the covered act.
Under the bill, a motor vehicle manufacturer may not make remote access
suspension contingent on any other requirement other than those described above,
including payment of a fee and approval of separation by a motor vehicle title holder
who is not the survivor.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 100.535 of the statutes is created to read:
100.535 Suspending remote access to motor vehicles for survivors of
domestic abuse, human trafficking, and related acts. (1) DEFINITIONS. In this
section:
(a) “Abuser” means an individual who has committed or allegedly committed
a covered act against an individual who seeks relief under this section or an
individual in the care of an individual who seeks relief under this section.
(b) “Covered act” means conduct that constitutes domestic abuse, as defined in
s. 813.12 (1) (am), sexual assault under s. 940.225, 948.02, or 948.025, stalking under
s. 940.32, or human trafficking under s. 940.302. A criminal conviction or any other
determination of a court is not required for conduct to be a “covered act.”
(c) “Motor vehicle” means any motor-driven vehicle required to be registered
under ch. 341.
(d) “Motor vehicle manufacturer” has the same meaning given for
“manufacturer” in s. 218.0101 (20).
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(e) “Remote access” means a feature of a motor vehicle that allows individuals
access to a motor vehicle using the Internet, including through a mobile application.
Such access includes the ability to remotely lock and unlock the motor vehicle, start
and stop the motor vehicle's engine, adjust temperature settings, and track the motor
vehicle's location using global positioning system tracking or comparable technology.
(f) “Survivor” means an individual who is 18 years of age or older and one of the
following:
1. Against whom a covered act has been committed or allegedly committed.
2. Who cares for another individual against whom a covered act has been
committed or allegedly committed, provided that the individual providing care did
not commit or allegedly commit the covered act.
(g) “Victim service provider” means a nonprofit corporation or public agency
that provides any of the following services to victims of domestic abuse, sexual
assault, stalking, or human trafficking:
1. Shelter facilities or private home shelter care.
2. Advocacy and counseling services.
3. A 24-hour telephone service.
(2) SUSPENSION OF REMOTE ACCESS TO A MOTOR VEHICLE. (a) A motor vehicle
manufacturer shall, within 2 business days after receiving a completed remote
access suspension request under sub. (4), suspend remote access of the abuser to the
motor vehicle in the possession of the survivor.
(b) Except as provided in sub. (4), a motor vehicle manufacturer may not make
remote access suspension under par. (a) contingent on any requirement, including:
1. Payment of a fee, penalty, or other charge.
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2. Approval of the suspension by the owner of the motor vehicle, if the owner
is not the survivor.
3. Payment of an outstanding balance related to the motor vehicle.
(3) OTHER REQUIREMENTS FOR MOTOR VEHICLE MANUFACTURERS . A motor vehicle
manufacturer shall do all of the following:
(a) Provide the ability to submit a remote access suspension request through
secure and remote means that are easily navigable, provided that remote options are
commercially available and technically feasible.
(b) When completing a remote access suspension request, allow the survivor
to elect the manner in which the motor vehicle manufacturer may contact the
survivor, or designated representative of the survivor, in response to the request or
notify the survivor, or designated representative of the survivor, of the inability of the
motor vehicle manufacturer to complete the remote access suspension.
(c) Notify the survivor of the date on which the motor vehicle manufacturer
intends to give any formal notice of the remote access suspension to the owner of the
motor vehicle, if the owner is not the survivor.
(d) Treat any information submitted by a survivor under sub. (4) as confidential
and securely dispose of the information not later than 90 days after receiving the
information.
(e) Make information about options for remote access suspension requests
under sub. (4) readily available to consumers on the motor vehicle manufacturer's
website and mobile application and in other forms of public-facing consumer
communication.
(4) REMOTE ACCESS SUSPENSION REQUEST REQUIREMENTS. A completed remote
access suspension request shall do all of the following:
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SECTION 1
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(a) Verify that an individual who has remote access to the motor vehicle
committed or allegedly committed a covered act against the requesting survivor or
an individual under the requesting survivor's care, by providing one of the following:
1. A copy of a signed affidavit from a licensed medical or mental health care
provider, licensed military medical or mental health care provider, licensed social
worker, victim service provider, or an employee of a court, acting within the scope of
that individual's employment.
2. A copy of a police report; statements provided by police, including military
police, to magistrates or judges; charging documents; protective or restraining
orders; military protective orders; or any other official record that documents the
covered act.
(b) Verify that the requesting survivor or an individual in the requesting
survivor's care is in possession of the motor vehicle.
(c) Request relief under sub. (2) (a).
(5) TECHNICAL INFEASIBILITY. (a) The requirements of sub. (2) do not apply to
a motor vehicle manufacturer provider if the covered provider cannot operationally
or technically complete a remote access suspension request under this section.
(b) If a motor vehicle manufacturer cannot operationally or technically
complete a remote access suspension request, the motor vehicle manufacturer shall
notify the requesting survivor of the inability within 2 business days after receiving
the request.
(END)
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