2017 - 2018 LEGISLATURE
January 19, 2018 - Introduced by Representatives Kleefisch, C. Taylor,
Anderson, Ballweg, Berceau, Born, Brostoff, Considine, Hebl, Horlacher,
Jagler, Kolste, Mursau, Neylon, Novak, Rohrkaste, Rodriguez, Sargent,
Schraa, Shankland, Sinicki, Spreitzer, Subeck, Tauchen, Thiesfeldt, Tittl,
Vruwink and Zamarripa, cosponsored by Senators Fitzgerald, Shilling,
Roth, Bewley, Carpenter, Darling, Hansen, Larson, Marklein, Moulton,
Olsen, Ringhand, Risser, Vukmir, Wanggaard and Wirch. Referred to
Committee on Criminal Justice and Public Safety.
AB865,1,4 1An Act to amend 6.47 (4) (b), 165.68 (1) (b), 165.68 (3) (b) 4. a., 165.68 (3) (b) 4.
2b., 165.68 (3) (b) 4. e. and 183.0105 (1) (intro.); and to create 165.68 (5) (e),
3165.68 (5) (f) and 165.68 (7) of the statutes; relating to: address confidentiality,
4granting rule-making authority, and providing a criminal penalty.
Analysis by the Legislative Reference Bureau
This bill makes certain changes to the address confidentiality program
administered by the Department of Justice.
Under current law, DOJ's address confidentiality program is available to a
person who is a victim of abuse or a parent or guardian of a victim of abuse, or who
resides in a household in which a victim of abuse also resides, and who fears for his
or her physical safety or the physical safety of his or her child or ward. A current
program participant provides his or her actual residential, school, or work address
to DOJ and DOJ assigns an alternative address to the program participant to use.
Under the program, DOJ forwards all mail received at the assigned address to the
program participant's actual address. In addition, the program participant may use
the assigned address for any official purpose, unless the use of the actual address is
required by statute, such as for voter registration. Any person or entity that has
knowledge of the actual address through the program is required to keep it
confidential. Under current law, a program participant's actual address is exempt
from the open records law.
This bill expands the confidentiality provisions of the program to include any
part of a program participant's actual address. In addition, the bill makes

intentional disclosure of confidential information under the program a
Under the bill, DOJ is authorized to act as the registered agent and office for
a single-member LLC if the member is enrolled in the address confidentiality
This bill also provides that DOJ may promulgate rules governing a program
participant's consent to disclosure of his or her actual address by DOJ or another
entity if such a disclosure is required for a public assistance program or a real
property transaction.
This bill clarifies that DOJ may disenroll a program participant at any time
that DOJ determines that the program participant no longer meets the eligibility
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB865,1 1Section 1. 6.47 (4) (b) of the statutes, as created by 2015 Wisconsin Act 356,
2is amended to read:
AB865,2,73 6.47 (4) (b) A confidential listing under sub. (2) that is issued to a program
4participant expires on the date the individual's participation in the program expires
5pursuant to s. 165.68 (3) (b) 4. a. or on the date the individual cancels his or her
6participation in the program pursuant to s. 165.68 (3) (b) 4. e. f. or is disenrolled from
7the program pursuant to s. 165.68 (3) (b) 4. b. e.
AB865,2 8Section 2. 165.68 (1) (b) of the statutes, as created by 2015 Wisconsin Act 356,
9is amended to read:
AB865,2,1110 165.68 (1) (b) “Actual address" means the residential street address, school
11address, or work address, or any portion thereof, of a program participant.
AB865,3 12Section 3. 165.68 (3) (b) 4. a. of the statutes, as created by 2015 Wisconsin Act
, is amended to read:
1165.68 (3) (b) 4. a. A program participant remains enrolled in the program for
25 years, unless he or she cancels his or her participation under subd. 4. f. or is
3disenrolled under subd. 4. b. e.
AB865,4 4Section 4. 165.68 (3) (b) 4. b. of the statutes, as created by 2015 Wisconsin Act
, is amended to read:
AB865,3,96 165.68 (3) (b) 4. b. A program participant is required to notify the department
7when he or she changes his or her actual address or legal name, and failure to update
8the information may result in the department disenrolling the applicant as a
9program participant
AB865,5 10Section 5. 165.68 (3) (b) 4. e. of the statutes, as created by 2015 Wisconsin Act
, is amended to read:
AB865,3,2012 165.68 (3) (b) 4. e. The department may disenroll a program participant if the
13person fails to update his or her information under subd. 4. b., or at any time after
14the department determines that the person no longer meets the eligibility
15requirements established under sub. (2).
The department will notify a program
16participant if his or her participation will expire or if the department will disenroll
17the participant under subd. 4. b. A program participant who receives a notification
18under this subd. 4. e. may update his or her information to establish eligibility or may
19reenroll in the program within 6 months from the date the department issues the
AB865,6 21Section 6. 165.68 (5) (e) of the statutes is created to read:
AB865,4,322 165.68 (5) (e) The department may promulgate rules under sub. (6) to allow a
23program participant to consent to a disclosure of his or her actual address by the
24department or other entity with knowledge of the program participant's actual
25address when necessary to qualify for certain public assistance benefits or real

1property transactions. A person who discloses information under this paragraph
2shall include a notice that the information is confidential, and disclosure of the
3information to any 3rd party will be subject to the penalty under sub. (7).
AB865,7 4Section 7. 165.68 (5) (f) of the statutes is created to read:
AB865,4,75 165.68 (5) (f) 1. If a program participant is the sole member of a limited liability
6company, the limited liability company may list the department as its registered
7agent and registered office under s. 183.0105 (1).
AB865,4,118 2. If the department receives service of process, notice, or demand required or
9permitted by law to be served on a limited liability company under subd. 1., the
10department shall forward the process, notice, or demand to the program participant's
11actual address.
AB865,8 12Section 8. 165.68 (7) of the statutes is created to read:
AB865,4,1413 165.68 (7) Criminal penalty. A person who intentionally releases information
14in violation of this section is guilty of a misdemeanor.
AB865,9 15Section 9. 183.0105 (1) (intro.) of the statutes is amended to read:
AB865,4,1916 183.0105 (1) (intro.) Each limited liability company shall continuously
17maintain in this state a registered office and registered agent. The registered office
18may, but need not, be the same as any of its places of business. The Except as
19provided in s. 165.68 (5) (f) 1., the
registered agent shall be one of the following:
AB865,4,2020 (End)