WI
Wisconsin Senate Bill SB169

Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB169 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 SENATE BILL 169
55 April 3, 2025 - Introduced by Senator WANGGAARD, cosponsored by Representatives
66 TUSLER, DITTRICH, GUNDRUM, KREIBICH, MURPHY, O'CONNOR, PENTERMAN,
77 SINICKI and SUBECK. Referred to Committee on Judiciary and Public Safety.
88 AN ACT to repeal 757.07 (4m) (a); to renumber 757.07 (6); to renumber and
99 amend 59.43 (1r); to amend 757.07 (1) (g) 1., 757.07 (1) (i), 757.07 (1) (k),
1010 757.07 (2) (a), 757.07 (4) (b) 1. a., 757.07 (4) (b) 2., 757.07 (4) (d), 757.07 (4) (e)
1111 1., 757.07 (4m) (b) and 757.07 (5) (b); to create 59.43 (1r) (b) 3., 757.07 (1)
1212 (am), 757.07 (1) (em), 757.07 (1) (im), 757.07 (2) (c), 757.07 (4) (e) 2. d., 757.07
1313 (4m) (c) and 757.07 (6) (b) of the statutes; relating to: privacy protections for
1414 judicial officers.
1515 Analysis by the Legislative Reference Bureau
1616 2023 Wisconsin Act 235, effective April 1, 2025, established certain privacy
1717 protections for judicial officers upon submission of a written request. A Xwritten
1818 request,Y under Act 235, is a written notice signed by a judicial officer or a
1919 representative of the judicial officer[s employer requesting a government agency,
2020 business, association, or other person to refrain from publicly posting or displaying
2121 publicly available content that includes the personal information of the judicial
2222 officer or the judicial officer[s immediate family. The bill modifies the definition of
2323 a Xwritten requestY to include a requirement for notarization. Under the bill, a
2424 Xwritten requestY means a notarized written notice signed by a judicial officer or a
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3535 representative of the judicial officer[s employer completed and filed under the
3636 procedures established by Act 235 and amended under the bill. The bill adds a
3737 requirement that a judicial officer describe with reasonable particularity in a
3838 written request the records the judicial officer believes to contain personal
3939 information.
4040 Act 235 provides that a written request is valid if the judicial officer sends the
4141 request to the director of state courts and the director of state courts has a policy
4242 and procedure for filing the requests, or if the judicial officer sends the request
4343 directly to a government agency, person, data broker, business, or association. The
4444 bill modifies the latter option, specifying that the judicial officer must send the
4545 request directly to the designated officer of a government agency. The bill defines a
4646 Xdesignated officerY to mean the officer or employee of a government agency, the
4747 register of deeds, or a provider of a land records website designated in writing to the
4848 director of state courts, or, in the absence of a written designation, the highest
4949 ranking officer or employee for any of these entities. The bill also changes a
5050 requirement that the director of state courts must, each quarter, provide to the
5151 appropriate officer with ultimate supervisory authority for a government agency a
5252 list of judicial officers who have submitted a written request for privacy protections
5353 to instead require that the director of state courts provide the designated officer for
5454 a government agency with such a list.
5555 The bill provides that a home address constitutes personal information as
5656 defined in the bill only if it is directly associated with or displayed with the judicial
5757 officer[s name. The bill requires a judicial officer to update a written request
5858 within 90 days of the date any home address identified in the request ceases to be a
5959 home address for any reason. The bill also defines a secondary residence for
6060 purposes of the bill to mean a residence for personal use that is not a person[s
6161 permanent residence but where a person regularly resides.
6262 The bill modifies the definition of the phrase Xpublicly post or displayY
6363 established in Act 235 to expressly exclude direct communications with a judicial
6464 officer or any immediate family member of a judicial officer. The bill also adds an
6565 exception to the prohibition on a government agency publicly posting or displaying
6666 a judicial officer[s personal information subject to protections upon a written
6767 request, providing that a government agency may publicly post or display such
6868 information if required by law to do so.
6969 The bill also makes several changes to provisions of Act 235 relating to the
7070 register of deeds and land records websites, including adding clarification that a
7171 land records website does not include a website administered by the register of
7272 deeds. The bill adds to the list of exceptions under which the register of deeds may
7373 allow third-party access to a document otherwise subject to protection, including
7474 providing an exception to allow access by a title insurance company, an authorized
7575 agent of a title insurance company, or an attorney licensed to practice in the state.
7676 The bill adds liability protections for government agencies and employees of
7777 government agencies, providing that no government agency and no employee of a
7878 government agency is generally or personally liable or subject to any liability or
7979 accountability by reason of a violation of the privacy protections set forth under Act 2025 - 2026 Legislature
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8383 SECTION 1
8484 235, unless the liability or accountability is the result of intentional or reckless
8585 actions. The bill provides that nothing in the privacy protections established under
8686 Act 235 and amended in the bill prohibits a government agency from sharing
8787 information with other government agencies for any legitimate governmental
8888 purpose.
8989 The people of the state of Wisconsin, represented in senate and assembly, do
9090 enact as follows:
9191 SECTION 1. 59.43 (1r) of the statutes, as created by 2023 Wisconsin Act 235, is
9292 renumbered 59.43 (1r) (a) and amended to read:
9393 59.43 (1r) (a) The Except as otherwise required by law, the register of deeds
9494 shall shield from disclosure and keep confidential documents containing personal
9595 information covered by a written request of a judicial officer under s. 757.07 (4), if
9696 the judicial officer specifically identifies the document number of any document to
9797 be shielded under this subsection. This subsection applies only to electronic images
9898 of documents specifically identified by a judicial officer as covered by a written
9999 request under s. 757.07 (4).
100100 (b) The register of deeds may allow a 3rd party access to a document subject to
101101 protection under this subsection only if the at least one of the following is true:
102102 1. The judicial officer consents to the access or access.
103103 2. Access is otherwise permitted as provided under s. 757.07 (4) (e).
104104 SECTION 2. 59.43 (1r) (b) 3. of the statutes is created to read:
105105 59.43 (1r) (b) 3. The 3rd party meets any of the following criteria:
106106 a. Possesses a signed consent document described under s. 757.07 (4) (e) 3.
107107 b. Is subject to the requirements of 15 USC 6801, et seq.
108108 c. Executes a confidentiality agreement with the register of deeds.
109109 d. Is a title insurance company, as defined in s. 708.15 (1) (v), an authorized
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132132 SECTION 2
133133 agent of a title insurance company, or any attorney licensed to practice law in this
134134 state.
135135 SECTION 3. 757.07 (1) (am) of the statutes is created to read:
136136 757.07 (1) (am) XDesignated officerY means the officer or employee of a
137137 government agency, the register of deeds, or a provider of a land records website
138138 designated in writing to the director of state courts. In the absence of a written
139139 designation to the director of state courts, Xdesignated officerY means the highest
140140 ranking officer or employee for a government agency, the register of deeds, or any
141141 provider of a land records website.
142142 SECTION 4. 757.07 (1) (em) of the statutes is created to read:
143143 757.07 (1) (em) XLand records websiteY means a public website or public
144144 online database that allows the general public to search and retrieve a real estate
145145 property database or geographic records. XLand records websiteY does not include a
146146 website administered by the register of deeds.
147147 SECTION 5. 757.07 (1) (g) 1. of the statutes, as created by 2023 Wisconsin Act
148148 235, is amended to read:
149149 757.07 (1) (g) 1. A home address directly associated with or displayed with the
150150 judicial officer[s name.
151151 SECTION 6. 757.07 (1) (i) of the statutes, as created by 2023 Wisconsin Act
152152 235, is amended to read:
153153 757.07 (1) (i) XPublicly post or displayY means to intentionally communicate
154154 or otherwise make available to the general public, but does not include a direct
155155 communication with a judicial officer or any immediate family member of a judicial
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182182 SECTION 6
183183 officer, including a written communication mailed to a judicial officer[s home
184184 address.
185185 SECTION 7. 757.07 (1) (im) of the statutes is created to read:
186186 757.07 (1) (im) XSecondary residenceY means a residence for personal use that
187187 is not a person[s permanent residence but where a person regularly resides.
188188 SECTION 8. 757.07 (1) (k) of the statutes, as created by 2023 Wisconsin Act
189189 235, is amended to read:
190190 757.07 (1) (k) XWritten requestY means a notarized written notice signed by a
191191 judicial officer or a representative of the judicial officer[s employer requesting a
192192 government agency, business, association, or other person to refrain from publicly
193193 posting or displaying publicly available content that includes the personal
194194 information of the judicial officer or judicial officer[s immediate family completed
195195 and filed pursuant to sub. (4).
196196 SECTION 9. 757.07 (2) (a) of the statutes, as created by 2023 Wisconsin Act
197197 235, is amended to read:
198198 757.07 (2) (a) A government agency may not publicly post or display publicly
199199 available content that includes a judicial officer[s personal information, provided
200200 that the government agency has received a written request in accordance with sub.
201201 (4) that it refrain from disclosing the judicial officer[s personal information. After a
202202 government agency has received a written request, that agency shall remove the
203203 judicial officer[s personal information from publicly available content within 10
204204 business days. After the government agency has removed the judicial officer[s
205205 personal information from publicly available content, the agency may not publicly
206206 post or display the information, and the judicial officer[s personal information shall
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234234 SECTION 9
235235 be exempt from inspection and copying under s. 19.35 unless the government
236236 agency has received consent as provided under sub. (4) (e) to make the personal
237237 information available to the public or unless the government agency is required by
238238 law to publicly post or display the judicial officer[s personal information.
239239 SECTION 10. 757.07 (2) (c) of the statutes is created to read:
240240 757.07 (2) (c) Paragraph (a) does not apply to a register of deeds or a land
241241 records website.
242242 SECTION 11. 757.07 (4) (b) 1. a. of the statutes, as created by 2023 Wisconsin
243243 Act 235, is amended to read:
244244 757.07 (4) (b) 1. a. Sends the written request directly to the designated officer
245245 of a government agency, person, data broker, business, or association.
246246 SECTION 12. 757.07 (4) (b) 2. of the statutes, as created by 2023 Wisconsin Act
247247 235, is amended to read:
248248 757.07 (4) (b) 2. In each quarter of a calendar year, the director of state courts
249249 shall provide to the appropriate designated officer with ultimate supervisory
250250 authority for a government agency a list of all judicial officers who have submitted
251251 a written request under subd. 1. b. The designated officer shall promptly provide a
252252 copy of the list to the government agencies under his or her supervision. Receipt of
253253 the written request list compiled by the director of state courts office by a
254254 government agency shall constitute a written request to that agency for purposes of
255255 this subsection.
256256 SECTION 13. 757.07 (4) (d) of the statutes, as created by 2023 Wisconsin Act
257257 235, is amended to read:
258258 757.07 (4) (d) A judicial officer[s written request shall be made on a form
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286286 SECTION 13
287287 prescribed by the director of state courts and shall specify what personal
288288 information shall be maintained as private to the extent permitted in this section
289289 and s. 59.43 (1r) and shall describe with reasonable particularity the records the
290290 judicial officer believes to contain the personal information. If a judicial officer
291291 wishes to identify a secondary residence as a home address, the designation shall
292292 be made in the written request. A judicial officer[s written request shall disclose
293293 the identity of the officer[s immediate family and indicate that the personal
294294 information of these family members shall also be excluded to the extent that it
295295 could reasonably be expected to reveal personal information of the judicial officer.
296296 Any person receiving a written request form submitted by or on behalf of a judicial
297297 officer under this paragraph shall treat the submission as confidential.
298298 SECTION 14. 757.07 (4) (e) 1. of the statutes, as created by 2023 Wisconsin Act
299299 235, is amended to read:
300300 757.07 (4) (e) 1. A judicial officer[s written request is valid for 10 years or
301301 until the judicial officer[s death, whichever occurs first, provided that a judicial
302302 officer updates his or her written request within 90 days of the date any home
303303 address identified in the judicial officer[s written request ceases to be a home
304304 address for any reason.
305305 SECTION 15. 757.07 (4) (e) 2. d. of the statutes is created to read:
306306 757.07 (4) (e) 2. d. As otherwise expressly permitted under this section.
307307 SECTION 16. 757.07 (4m) (a) of the statutes, as created by 2023 Wisconsin Act
308308 235, is repealed.
309309 SECTION 17. 757.07 (4m) (b) of the statutes, as created by 2023 Wisconsin Act
310310 235, is amended to read:
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338338 SECTION 17
339339 757.07 (4m) (b) Any provider of a public-facing land records website shall
340340 establish a process for judicial officers and immediate family members of judicial
341341 officers to Judicial officers may opt out from the display and search functions of
342342 their names and the names of their immediate family members on the any
343343 provider[s public-facing land records website by submitting a written request under
344344 sub. (4) to the provider.
345345 SECTION 18. 757.07 (4m) (c) of the statutes is created to read:
346346 757.07 (4m) (c) Notwithstanding par. (b), a provider of a land records website
347347 may permit display and search functions of a home address regardless of the receipt
348348 of a written request so long as the names of judicial officers or immediate family
349349 members of judicial officers subject to a written request are not included in those
350350 display and search functions.
351351 SECTION 19. 757.07 (5) (b) of the statutes, as created by 2023 Wisconsin Act
352352 235, is amended to read:
353353 757.07 (5) (b) Provided that an employee of a government agency has complied
354354 with the conditions set forth in sub. (2), it is not a violation of this section if an
355355 employee of a government agency publishes personal information, in good faith, on
356356 the website of the government agency in the ordinary course of carrying out public
357357 functions. No government agency and no employee of a government agency is
358358 generally or personally liable or subject to any liability or accountability by reason
359359 of a violation of this section, unless the liability or accountability is the result of
360360 intentional or reckless actions.
361361 SECTION 20. 757.07 (6) of the statutes, as created by 2023 Wisconsin Act 235,
362362 is renumbered 757.07 (6) (a).
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390390 SECTION 21
391391 SECTION 21. 757.07 (6) (b) of the statutes is created to read:
392392 757.07 (6) (b) Nothing in this section shall prohibit a government agency from
393393 providing access to records containing the personal information of a judicial officer
394394 to another government agency for any legitimate governmental purpose.
395395 SECTION 22. Effective date.
396396 (1) This act takes effect on the day after publication, or on April 1, 2025,
397397 whichever is later.
398398 (END)
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