Assembly Bill 64
Employer monitoring of employee electronic mail usage
Topics: Data processing, Discrimination in employment, Employment, Public employee, Workforce Development, Department of
Stopped in committee
It never got a , so it never came up for a vote. To try again, a lawmaker would have to start a new bill.
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Introduced, passed
Feb 17, 2009
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Committee, stopped here
Stopped here. No public hearing was held.
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Assembly vote, not reached
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Senate vote, not reached
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Governor, not reached
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Law, not reached
Latest entry in the official record, Apr 28, 2010: “Failed to pass pursuant to ”
It never got a hearing in the Assembly Committee on Personal Privacy. See every bill that never got a hearing this session.
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Terms on this page
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Public hearing
A meeting where anyone can speak to a committee about a bill, or send written comments.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
What it would have done
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
Current law does not regulate employer monitoring of employee electronic mail (e-mail) usage. This bill prohibits any employer, including the state, from monitoring any e-mail message sent or received by an employee unless the employee sends or receives the message through a computer owned by the employer and the employer: 1) provides written notice to the employee of the employer's policy regarding the monitoring of employee e-mail usage when the employee is hired and not less than once each year after that; and 2) provides written notice to the employee of any change in that policy not less than 30 days before the effective date of the change in policy. The notice must include a statement of the purposes for which employee e-mail messages are monitored and the frequency with which that monitoring is conducted and a statement for the employee to sign acknowledging that the employee has received and understands the notice.
The bill also prohibits an employer from monitoring any e-mail message sent or received by an employee because the employee has exercised or is exercising, or because the employer believes that the employee has exercised, is exercising, or may exercise, his or her right to form, join, or assist a labor organization, to bargain collectively, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. In addition, the bill provides that an employee has a reasonable expectation of privacy in the content of any personal e-mail message sent or received by the employee and prohibits an employer from monitoring the content of such a message except as necessary to determine whether the message is personal or work-related or to protect any trade secret or other confidential business information of the employer.
Read the full summary Show less
The bill provides, however, that an employer is not prohibited from monitoring the number or frequency of the personal e-mail messages sent or received by an employee to ascertain the efficiency or productivity of the employee or from using any electronic or other device to manage the e-mail messages coming into or going out of the employer's computerized communication system solely for the purpose of system maintenance, security, or protection and not for the purpose of monitoring the e-mail messages sent or received by any particular employee.
Finally, under the bill, an employee whose e-mail messages are monitored in violation of the bill or who is discharged or discriminated against for opposing a practice prohibited under the bill, filing a complaint or attempting to enforce any right granted under the bill, or testifying or assisting in any action or proceeding to enforce any right under the bill may file a complaint with the Department of Workforce Development (DWD). DWD must process the complaint in the same manner as employment discrimination complaints are processed under current law, which processing may include the ordering of back pay, reinstatement, or compensation in lieu of reinstatement.
Who's behind it
Marlin Schneider, a Democrat, is its .
See all the details Hide the names
Author (1)
- Marlin Schneider · Democrat, Assembly
What it would cost
State agencies filed a . Each opens as a PDF from the Legislature.
What happened
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Apr 28, 2010
The session ended, and the bill died with it.
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Mar 6, 2009
A state agency sent in its estimate of the cost.
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Mar 4, 2009
A state agency sent in its estimate of the cost.
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Feb 27, 2009
A state agency sent in its estimate of the cost.
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Feb 17, 2009
Sent to the Assembly Committee on Personal Privacy.
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Feb 17, 2009
Introduced in the Assembly.
See the official record, word for word Hide the official record
- Feb 17, 2009 · Assembly
Introduced by Representative Schneider
- Feb 17, 2009 · Assembly
Read first time and referred to committee on Personal Privacy
- Feb 27, 2009 · Assembly
Fiscal estimate received
- Mar 4, 2009 · Assembly
Fiscal estimate received
- Mar 6, 2009 · Assembly
Fiscal estimate received
- Apr 28, 2010 · Assembly
Failed to pass pursuant to Senate Joint Resolution 1
Terms on this page
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Public hearing
A meeting where anyone can speak to a committee about a bill, or send written comments.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Public hearing
A meeting where anyone can speak to a committee about a bill, or send written comments.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate