2017 - 2018 LEGISLATURE
January 19, 2018 - Introduced by Senators Fitzgerald, Shilling, Roth,
Carpenter, Hansen, Larson, Marklein, Moulton, Olsen, Ringhand, Risser,
Wanggaard, Wirch, Darling and Vukmir, cosponsored by Representatives
Kleefisch, C. Taylor, Anderson, Ballweg, Berceau, Born, Brostoff,
Considine, Hebl, Horlacher, Jagler, Kolste, Mursau, Novak, Rohrkaste,
Sargent, Schraa, Shankland, Sinicki, Spreitzer, Subeck, Tauchen,
Thiesfeldt, Vruwink, Zamarripa, Rodriguez, Tittl and Neylon. Referred to
Committee on Judiciary and Public Safety.
1An Act to amend
6.47 (4) (b), 165.68 (1) (b), 165.68 (3) (b) 4. a., 165.68 (3) (b) 4. 2
b., 165.68 (3) (b) 4. e. and 183.0105 (1) (intro.); and to create
165.68 (5) (e), 3
165.68 (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
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:
(b) A confidential listing under sub. (2) that is issued to a program 4
participant expires on the date the individual's participation in the program expires 5
pursuant to s. 165.68 (3) (b) 4. a. or on the date the individual cancels his or her 6
participation in the program pursuant to s. 165.68 (3) (b) 4. e. f.
or is disenrolled from 7
the program pursuant to s. 165.68 (3) (b) 4. b.
(b) “Actual address" means the residential street address, school 11
address, or work address, or any portion thereof,
of a program participant.
(b) 4. a. A program participant remains enrolled in the program for 2
5 years, unless he or she cancels his or her participation under subd. 4. f. or is 3
disenrolled under subd. 4. b. e.
(b) 4. b. A program participant is required to notify the department 7
when 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
(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 16
participant if his or her participation will expire or if the department will disenroll 17
the participant under subd. 4. b
. A program participant who receives a notification 18
under this subd. 4. e. may update his or her information to establish eligibility
or may 19
reenroll in the program within 6 months from the date the department issues the 20
165.68 (5) (e) of the statutes is created to read:
(e) The department may promulgate rules under sub. (6) to allow a 23
program participant to consent to a disclosure of his or her actual address by the 24
department or other entity with knowledge of the program participant's actual 25
address when necessary to qualify for certain public assistance benefits or real
property transactions. A person who discloses information under this paragraph 2
shall include a notice that the information is confidential, and disclosure of the 3
information to any 3rd party will be subject to the penalty under sub. (7).
165.68 (5) (f) of the statutes is created to read:
(f) 1. If a program participant is the sole member of a limited liability 6
company, the limited liability company may list the department as its registered 7
agent and registered office under s. 183.0105 (1).
2. If the department receives service of process, notice, or demand required or 9
permitted by law to be served on a limited liability company under subd. 1., the 10
department shall forward the process, notice, or demand to the program participant's 11
165.68 (7) of the statutes is created to read:
165.68 (7) Criminal penalty.
A person who intentionally releases information 14
in violation of this section is guilty of a misdemeanor.
183.0105 (1) (intro.) of the statutes is amended to read:
(intro.) Each limited liability company shall continuously 17
maintain in this state a registered office and registered agent. The registered office 18
may, 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: