WI
Wisconsin Assembly Bill AB171

Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB171 Compare Versions

Only one version of the bill is available at this time.
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11 2025 - 2026 LEGISLATURE
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44 2025 ASSEMBLY BILL 171
55 April 9, 2025 - Introduced by Representatives TUSLER, O'CONNOR, GUNDRUM,
66 MURSAU, PENTERMAN, KREIBICH, MURPHY, SINICKI and DITTRICH,
77 cosponsored by Senator WANGGAARD. Referred to Committee on Criminal
88 Justice and Public Safety.
99
1010 ***AUTHORS SUBJECT TO CHANGE***
1111 AN ACT to repeal 757.07 (4m) (a); to renumber 757.07 (6); to renumber and
1212 amend 59.43 (1r); to amend 757.07 (1) (g) 1., 757.07 (1) (i), 757.07 (1) (k),
1313 757.07 (2) (a), 757.07 (4) (b) 1. a., 757.07 (4) (b) 2., 757.07 (4) (d), 757.07 (4) (e)
1414 1., 757.07 (4m) (b) and 757.07 (5) (b); to create 59.43 (1r) (b) 3., 757.07 (1)
1515 (am), 757.07 (1) (em), 757.07 (1) (im), 757.07 (2) (c), 757.07 (4) (e) 2. d., 757.07
1616 (4m) (c) and 757.07 (6) (b) of the statutes; relating to: privacy protections for
1717 judicial officers.
1818 Analysis by the Legislative Reference Bureau
1919 2023 Wisconsin Act 235, effective April 1, 2025, established certain privacy
2020 protections for judicial officers upon submission of a written request. A Xwritten
2121 request,Y under Act 235, is a written notice signed by a judicial officer or a
2222 representative of the judicial officer[s employer requesting a government agency,
2323 business, association, or other person to refrain from publicly posting or displaying
2424 publicly available content that includes the personal information of the judicial
2525 officer or the judicial officer[s immediate family. The bill modifies the definition of
2626 a Xwritten requestY to include a requirement for notarization. Under the bill, a
2727 Xwritten requestY means a notarized written notice signed by a judicial officer or a
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3838 representative of the judicial officer[s employer completed and filed under the
3939 procedures established by Act 235 and amended under the bill. The bill adds a
4040 requirement that a judicial officer describe with reasonable particularity in a
4141 written request the records the judicial officer believes to contain personal
4242 information.
4343 Act 235 provides that a written request is valid if the judicial officer sends the
4444 request to the director of state courts and the director of state courts has a policy
4545 and procedure for filing the requests, or if the judicial officer sends the request
4646 directly to a government agency, person, data broker, business, or association. The
4747 bill modifies the latter option, specifying that the judicial officer must send the
4848 request directly to the designated officer of a government agency. The bill defines a
4949 Xdesignated officerY to mean the officer or employee of a government agency, the
5050 register of deeds, or a provider of a land records website designated in writing to the
5151 director of state courts, or, in the absence of a written designation, the highest
5252 ranking officer or employee for any of these entities. The bill also changes a
5353 requirement that the director of state courts must, each quarter, provide to the
5454 appropriate officer with ultimate supervisory authority for a government agency a
5555 list of judicial officers who have submitted a written request for privacy protections
5656 to instead require that the director of state courts provide the designated officer for
5757 a government agency with such a list.
5858 The bill provides that a home address constitutes personal information as
5959 defined in the bill only if it is directly associated with or displayed with the judicial
6060 officer[s name. The bill requires a judicial officer to update a written request
6161 within 90 days of the date any home address identified in the request ceases to be a
6262 home address for any reason. The bill also defines a secondary residence for
6363 purposes of the bill to mean a residence for personal use that is not a person[s
6464 permanent residence but where a person regularly resides.
6565 The bill modifies the definition of the phrase Xpublicly post or displayY
6666 established in Act 235 to expressly exclude direct communications with a judicial
6767 officer or any immediate family member of a judicial officer. The bill also adds an
6868 exception to the prohibition on a government agency publicly posting or displaying
6969 a judicial officer[s personal information subject to protections upon a written
7070 request, providing that a government agency may publicly post or display such
7171 information if required by law to do so.
7272 The bill also makes several changes to provisions of Act 235 relating to the
7373 register of deeds and land records websites, including adding clarification that a
7474 land records website does not include a website administered by the register of
7575 deeds. The bill adds to the list of exceptions under which the register of deeds may
7676 allow third-party access to a document otherwise subject to protection, including
7777 providing an exception to allow access by a title insurance company, an authorized
7878 agent of a title insurance company, or an attorney licensed to practice in the state.
7979 The bill adds liability protections for government agencies and employees of
8080 government agencies, providing that no government agency and no employee of a
8181 government agency is generally or personally liable or subject to any liability or
8282 accountability by reason of a violation of the privacy protections set forth under Act 2025 - 2026 Legislature
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8686 SECTION 1
8787 235, unless the liability or accountability is the result of intentional or reckless
8888 actions. The bill provides that nothing in the privacy protections established under
8989 Act 235 and amended in the bill prohibits a government agency from sharing
9090 information with other government agencies for any legitimate governmental
9191 purpose.
9292 The people of the state of Wisconsin, represented in senate and assembly, do
9393 enact as follows:
9494 SECTION 1. 59.43 (1r) of the statutes, as created by 2023 Wisconsin Act 235, is
9595 renumbered 59.43 (1r) (a) and amended to read:
9696 59.43 (1r) (a) The Except as otherwise required by law, the register of deeds
9797 shall shield from disclosure and keep confidential documents containing personal
9898 information covered by a written request of a judicial officer under s. 757.07 (4), if
9999 the judicial officer specifically identifies the document number of any document to
100100 be shielded under this subsection. This subsection applies only to electronic images
101101 of documents specifically identified by a judicial officer as covered by a written
102102 request under s. 757.07 (4).
103103 (b) The register of deeds may allow a 3rd party access to a document subject to
104104 protection under this subsection only if the at least one of the following is true:
105105 1. The judicial officer consents to the access or access.
106106 2. Access is otherwise permitted as provided under s. 757.07 (4) (e).
107107 SECTION 2. 59.43 (1r) (b) 3. of the statutes is created to read:
108108 59.43 (1r) (b) 3. The 3rd party meets any of the following criteria:
109109 a. Possesses a signed consent document described under s. 757.07 (4) (e) 3.
110110 b. Is subject to the requirements of 15 USC 6801, et seq.
111111 c. Executes a confidentiality agreement with the register of deeds.
112112 d. Is a title insurance company, as defined in s. 708.15 (1) (v), an authorized
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135135 SECTION 2
136136 agent of a title insurance company, or any attorney licensed to practice law in this
137137 state.
138138 SECTION 3. 757.07 (1) (am) of the statutes is created to read:
139139 757.07 (1) (am) XDesignated officerY means the officer or employee of a
140140 government agency, the register of deeds, or a provider of a land records website
141141 designated in writing to the director of state courts. In the absence of a written
142142 designation to the director of state courts, Xdesignated officerY means the highest
143143 ranking officer or employee for a government agency, the register of deeds, or any
144144 provider of a land records website.
145145 SECTION 4. 757.07 (1) (em) of the statutes is created to read:
146146 757.07 (1) (em) XLand records websiteY means a public website or public
147147 online database that allows the general public to search and retrieve a real estate
148148 property database or geographic records. XLand records websiteY does not include a
149149 website administered by the register of deeds.
150150 SECTION 5. 757.07 (1) (g) 1. of the statutes, as created by 2023 Wisconsin Act
151151 235, is amended to read:
152152 757.07 (1) (g) 1. A home address directly associated with or displayed with the
153153 judicial officer[s name.
154154 SECTION 6. 757.07 (1) (i) of the statutes, as created by 2023 Wisconsin Act
155155 235, is amended to read:
156156 757.07 (1) (i) XPublicly post or displayY means to intentionally communicate
157157 or otherwise make available to the general public, but does not include a direct
158158 communication with a judicial officer or any immediate family member of a judicial
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185185 SECTION 6
186186 officer, including a written communication mailed to a judicial officer[s home
187187 address.
188188 SECTION 7. 757.07 (1) (im) of the statutes is created to read:
189189 757.07 (1) (im) XSecondary residenceY means a residence for personal use that
190190 is not a person[s permanent residence but where a person regularly resides.
191191 SECTION 8. 757.07 (1) (k) of the statutes, as created by 2023 Wisconsin Act
192192 235, is amended to read:
193193 757.07 (1) (k) XWritten requestY means a notarized written notice signed by a
194194 judicial officer or a representative of the judicial officer[s employer requesting a
195195 government agency, business, association, or other person to refrain from publicly
196196 posting or displaying publicly available content that includes the personal
197197 information of the judicial officer or judicial officer[s immediate family completed
198198 and filed pursuant to sub. (4).
199199 SECTION 9. 757.07 (2) (a) of the statutes, as created by 2023 Wisconsin Act
200200 235, is amended to read:
201201 757.07 (2) (a) A government agency may not publicly post or display publicly
202202 available content that includes a judicial officer[s personal information, provided
203203 that the government agency has received a written request in accordance with sub.
204204 (4) that it refrain from disclosing the judicial officer[s personal information. After a
205205 government agency has received a written request, that agency shall remove the
206206 judicial officer[s personal information from publicly available content within 10
207207 business days. After the government agency has removed the judicial officer[s
208208 personal information from publicly available content, the agency may not publicly
209209 post or display the information, and the judicial officer[s personal information shall
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237237 SECTION 9
238238 be exempt from inspection and copying under s. 19.35 unless the government
239239 agency has received consent as provided under sub. (4) (e) to make the personal
240240 information available to the public or unless the government agency is required by
241241 law to publicly post or display the judicial officer[s personal information.
242242 SECTION 10. 757.07 (2) (c) of the statutes is created to read:
243243 757.07 (2) (c) Paragraph (a) does not apply to a register of deeds or a land
244244 records website.
245245 SECTION 11. 757.07 (4) (b) 1. a. of the statutes, as created by 2023 Wisconsin
246246 Act 235, is amended to read:
247247 757.07 (4) (b) 1. a. Sends the written request directly to the designated officer
248248 of a government agency, person, data broker, business, or association.
249249 SECTION 12. 757.07 (4) (b) 2. of the statutes, as created by 2023 Wisconsin Act
250250 235, is amended to read:
251251 757.07 (4) (b) 2. In each quarter of a calendar year, the director of state courts
252252 shall provide to the appropriate designated officer with ultimate supervisory
253253 authority for a government agency a list of all judicial officers who have submitted
254254 a written request under subd. 1. b. The designated officer shall promptly provide a
255255 copy of the list to the government agencies under his or her supervision. Receipt of
256256 the written request list compiled by the director of state courts office by a
257257 government agency shall constitute a written request to that agency for purposes of
258258 this subsection.
259259 SECTION 13. 757.07 (4) (d) of the statutes, as created by 2023 Wisconsin Act
260260 235, is amended to read:
261261 757.07 (4) (d) A judicial officer[s written request shall be made on a form
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289289 SECTION 13
290290 prescribed by the director of state courts and shall specify what personal
291291 information shall be maintained as private to the extent permitted in this section
292292 and s. 59.43 (1r) and shall describe with reasonable particularity the records the
293293 judicial officer believes to contain the personal information. If a judicial officer
294294 wishes to identify a secondary residence as a home address, the designation shall
295295 be made in the written request. A judicial officer[s written request shall disclose
296296 the identity of the officer[s immediate family and indicate that the personal
297297 information of these family members shall also be excluded to the extent that it
298298 could reasonably be expected to reveal personal information of the judicial officer.
299299 Any person receiving a written request form submitted by or on behalf of a judicial
300300 officer under this paragraph shall treat the submission as confidential.
301301 SECTION 14. 757.07 (4) (e) 1. of the statutes, as created by 2023 Wisconsin Act
302302 235, is amended to read:
303303 757.07 (4) (e) 1. A judicial officer[s written request is valid for 10 years or
304304 until the judicial officer[s death, whichever occurs first, provided that a judicial
305305 officer updates his or her written request within 90 days of the date any home
306306 address identified in the judicial officer[s written request ceases to be a home
307307 address for any reason.
308308 SECTION 15. 757.07 (4) (e) 2. d. of the statutes is created to read:
309309 757.07 (4) (e) 2. d. As otherwise expressly permitted under this section.
310310 SECTION 16. 757.07 (4m) (a) of the statutes, as created by 2023 Wisconsin Act
311311 235, is repealed.
312312 SECTION 17. 757.07 (4m) (b) of the statutes, as created by 2023 Wisconsin Act
313313 235, is amended to read:
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341341 SECTION 17
342342 757.07 (4m) (b) Any provider of a public-facing land records website shall
343343 establish a process for judicial officers and immediate family members of judicial
344344 officers to Judicial officers may opt out from the display and search functions of
345345 their names and the names of their immediate family members on the any
346346 provider[s public-facing land records website by submitting a written request under
347347 sub. (4) to the provider.
348348 SECTION 18. 757.07 (4m) (c) of the statutes is created to read:
349349 757.07 (4m) (c) Notwithstanding par. (b), a provider of a land records website
350350 may permit display and search functions of a home address regardless of the receipt
351351 of a written request so long as the names of judicial officers or immediate family
352352 members of judicial officers subject to a written request are not included in those
353353 display and search functions.
354354 SECTION 19. 757.07 (5) (b) of the statutes, as created by 2023 Wisconsin Act
355355 235, is amended to read:
356356 757.07 (5) (b) Provided that an employee of a government agency has complied
357357 with the conditions set forth in sub. (2), it is not a violation of this section if an
358358 employee of a government agency publishes personal information, in good faith, on
359359 the website of the government agency in the ordinary course of carrying out public
360360 functions. No government agency and no employee of a government agency is
361361 generally or personally liable or subject to any liability or accountability by reason
362362 of a violation of this section, unless the liability or accountability is the result of
363363 intentional or reckless actions.
364364 SECTION 20. 757.07 (6) of the statutes, as created by 2023 Wisconsin Act 235,
365365 is renumbered 757.07 (6) (a).
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393393 SECTION 21
394394 SECTION 21. 757.07 (6) (b) of the statutes is created to read:
395395 757.07 (6) (b) Nothing in this section shall prohibit a government agency from
396396 providing access to records containing the personal information of a judicial officer
397397 to another government agency for any legitimate governmental purpose.
398398 SECTION 22. Effective date.
399399 (1) This act takes effect on the day after publication, or on April 1, 2025,
400400 whichever is later.
401401 (END)
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