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ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO ASSEMBLY BILL 966
January 31, 2024 - Offered by Representative Tusler.
AB966-ASA2,1,4 1An Act to amend 19.36 (11) and 19.55 (1); and to create 8.10 (7), 19.36 (14),
219.55 (2) (cm), 59.43 (1r) and 757.07 of the statutes; relating to: privacy
3protections for judicial officers, granting rule-making authority, and providing
4a penalty.
Analysis by the Legislative Reference Bureau
This bill establishes privacy protections for judicial officers and a procedure for
a judicial officer to complete a written request for protection of the personal
information of the judicial officer and the judicial officer's immediate family.
Under the bill, a government agency may not publicly post or display publicly
available content that includes a judicial officer's personal information, provided
that the government agency has received a written request from the officer that the
agency refrain from disclosing the personal information. Upon receipt of the written
request, the agency must remove the personal information within 10 business days
and may not publicly post or display the information. The personal information is
also exempt from public records requests unless the agency has received consent to
make the information available to the public.
The bill also provides that, upon receipt of a written request for privacy
protections from a judicial officer, all persons, businesses, and associations must
refrain from publicly posting or displaying on the Internet publicly available content

that includes the personal information of the judicial officer or the judicial officer's
immediate family. The prohibition does not apply to personal information that the
judicial officer or an immediate family member of the judicial officer voluntarily
publishes on the Internet after the bill goes into effect or personal information
lawfully received from a state or federal government source, including from an
employee or agent of the state or federal government.
After a person, business, or association has received a written request from a
judicial officer, the person, business, or association must, within 10 days of the
request, remove the personal information from the Internet; ensure that the judicial
officer's personal information is not made available on any website or subsidiary
website controlled by that person, business, or association; and identify any other
instances of the identified information that should also be removed. Under the bill,
once a written request is received, no person, business, or association may transfer
the judicial officer's personal information to any other person, business, or
association through any medium, except for personal information that the judicial
officer or an immediate family member of the judicial officer voluntarily publishes
on the Internet after the bill goes into effect, or if a transfer is made at the request
of the judicial officer or is necessary to effectuate a request to the person, business,
or association from the judicial officer. The bill also expressly prohibits a data broker,
as defined in the bill, from knowingly selling, licensing, trading, purchasing, or
otherwise making available for consideration the personal information of a judicial
officer or a judicial officer's immediate family.
The bill requires the register of deeds to establish a process for judicial officers
and immediate family members of judicial officers to opt out from the display and
search functions of their names on public-facing land records websites. The bill also
requires the register of deeds to shield from disclosure certain documents covered by
a judicial officer's written request for protection of personal information, if the
documents to be protected are specifically identified by the judicial officer.
Under the bill, a candidate for a judicial office may, instead of having his or her
name and residential address listed on nomination papers, file a certification of
residence with the Elections Commission before circulating nomination papers. A
judicial officer circulating nomination papers on behalf of a candidate for a
nonpartisan office, or signing nomination papers supporting a candidate for a
nonpartisan office, may similarly file a certification of residence with the Elections
Commission before circulating or signing nomination papers. The bill requires the
commission, by rule, to verify the address provided in the certification of residence.
Under current law, generally, a candidate for a state or local elective office must file
nomination papers with the commission or, for a local office, with the appropriate
municipal clerk. The top of each nomination paper must list the candidate's full
name, including any nickname or former surname, and his or her residential street
address. Under current law, a person circulating nomination papers on behalf of a

candidate for a judicial office must also provide a certification at the bottom of each
nomination paper stating his or her residential street address.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB966-ASA2,1 1Section 1 . 8.10 (7) of the statutes is created to read:
AB966-ASA2,3,142 8.10 (7) (a) Notwithstanding sub. (2) (b) and (c) and s. 8.21 (4) (b), a candidate
3for filling the office of a judicial officer, as defined in s. 757.07 (1) (e), who files a
4certification of residence with the commission before circulating nomination papers
5is not required to indicate his or her residential address on the nomination papers,
6including nomination papers circulated on behalf of the judicial officer, or on the
7declaration of candidacy. Notwithstanding sub. (3) (intro.), a judicial officer, as
8defined in s. 757.07 (1) (e), who intends to circulate nomination papers on behalf of
9a candidate for filling a nonpartisan office, or who intends to sign nomination papers
10to support such a candidate, is not required to indicate his or her residential address
11on the certification of a qualified circulator appended to the nomination papers or on
12the nomination papers as a signatory. The commission shall promulgate rules for the
13administration of this subsection and prescribe a certification of residence for a
14candidate or circulating judicial officer for use under this subsection.
AB966-ASA2,3,1915 (b) Certifications of residence submitted to the commission under par. (a) shall
16be kept confidential until the candidate or judicial officer files a declaration of
17noncandidacy, except that the commission shall provide such certifications to the
18appropriate filing officer for the office the candidate or judicial officer seeks. Filing
19officers shall also keep confidential the certifications received by the commission.
AB966-ASA2,2 20Section 2. 19.36 (11) of the statutes is amended to read:
AB966-ASA2,4,12
119.36 (11) Records of an individual holding a local public office or a state
2public office.
Unless access is specifically authorized or required by statute, an
3authority shall not provide access under s. 19.35 (1) to records, except to an
4individual to the extent required under s. 103.13, containing information
5maintained, prepared, or provided by an employer concerning the home address,
6home electronic mail address, home telephone number, or social security number of
7an individual who holds a local public office or a state public office, unless the
8individual authorizes the authority to provide access to such information. This
9Except as provided in sub. (14), this subsection does not apply to the home address
10of an individual who holds an elective public office or to the home address of an
11individual who, as a condition of employment, is required to reside in a specified
12location.
AB966-ASA2,3 13Section 3. 19.36 (14) of the statutes is created to read:
AB966-ASA2,4,1714 19.36 (14) Privacy protections for judicial officers. An authority shall not
15provide access under s. 19.35 (1) to a certification of residence under s. 8.10 (7) or to
16the personal information, as defined in s. 757.07 (1) (g), of a judicial officer, as defined
17in s. 757.07 (1) (e), except as provided under s. 8.10 (7) (b).
AB966-ASA2,4 18Section 4. 19.55 (1) of the statutes is amended to read:
AB966-ASA2,5,419 19.55 (1) Except as provided in s. 19.36 (14) and subs. (2) to (4), all records
20under ch. 11, this subchapter, or subch. III of ch. 13 in the possession of the
21commission are open to public inspection at all reasonable times. The commission
22shall require an individual wishing to examine a statement of economic interests or
23the list of persons who inspect any statements which are in the commission's
24possession to provide his or her full name and address, and if the individual is
25representing another person, the full name and address of the person which he or she

1represents. Such identification may be provided in writing or in person. The
2commission shall record and retain for at least 3 years information obtained by it
3pursuant to this subsection. No individual may use a fictitious name or address or
4fail to identify a principal in making any request for inspection.
AB966-ASA2,5 5Section 5 . 19.55 (2) (cm) of the statutes is created to read:
AB966-ASA2,5,146 19.55 (2) (cm) The personal information, as defined in s. 757.07 (1) (g), of a
7judicial officer, as defined in s. 757.07 (1) (e), contained in statements of economic
8interests, reports of economic transactions, and campaign finance reports that are
9filed with the commission by judicial officers or the candidate committees of judicial
10officers. The commission shall quarterly review the electronic campaign finance
11information system for the personal information of judicial officers and remove such
12information from the system. In addition, before providing, upon a request, a
13statement of economic interests of a judicial officer, the commission shall remove the
14personal information of the judicial officer.
AB966-ASA2,6 15Section 6. 59.43 (1r) of the statutes is created to read:
AB966-ASA2,5,2416 59.43 (1r) Personal information of judicial officers. (a) The register of
17deeds shall shield from disclosure and keep confidential documents containing
18information covered by a written request of a judicial officer under s. 757.07, if the
19judicial officer specifically identifies the document number of any document to be
20shielded under this subsection. This paragraph applies only to electronic images of
21documents specifically identified by a judicial officer as covered by a written request
22under s. 757.07. The register of deeds may allow access to a document subject to
23protection under this paragraph only if the judicial officer consents to the access or
24access is otherwise permitted as provided under s. 757.07 (4) (e).
AB966-ASA2,6,3
1(b) The register of deeds shall establish a process for judicial officers and
2immediate family members of judicial officers to opt out from the display and search
3functions of their names on public-facing land records websites.
AB966-ASA2,7 4Section 7. 757.07 of the statutes is created to read:
AB966-ASA2,6,6 5757.07 Privacy protections for judicial officers. (1) Definitions. In this
6section:
AB966-ASA2,6,107 (a) “Data broker” means a commercial entity that collects, assembles, or
8maintains personal information concerning an individual who is not a customer or
9an employee of that entity in order to sell the information or provide 3rd-party access
10to the information. “Data broker” does not include any of the following:
AB966-ASA2,6,1411 1. A commercial entity using personal information internally, providing access
12to businesses under common ownership or affiliated by corporate control, or selling
13or providing data for a transaction or service requested by or concerning the
14individual whose personal information is being transferred.
AB966-ASA2,6,1615 2. A commercial entity providing publicly available information through
16real-time or near real-time alert services for health or safety purposes.
AB966-ASA2,6,2217 3. A commercial entity using information that is lawfully made available
18through federal, state, or local government records, or information that a business
19has a reasonable basis to believe is lawfully made available to the general public
20through widely distributed media, by the consumer, or by a person to whom the
21consumer has disclosed the information, unless the consumer has restricted the
22information to a specific audience.
AB966-ASA2,7,423 4. A commercial entity engaged in the collection, maintenance, disclosure, sale,
24communication, or use of any personal information bearing on a consumer's credit
25worthiness, credit standing, credit capacity, character, general reputation, personal

1characteristics, or mode of living by a consumer reporting agency, furnisher, or user
2that provides information for use in a consumer report, and by a user of a consumer
3report, but only to the extent that such activity is regulated by and authorized under
4the federal Fair Credit Reporting Act, 15 USC 1681, et seq.
AB966-ASA2,7,65 5. A consumer reporting agency subject to the federal Fair Credit Reporting
6Act, 15 USC 1681, et seq.
AB966-ASA2,7,97 6. A commercial entity using personal information collected, processed, sold,
8or disclosed in compliance with the federal Driver's Privacy Protection Act of 1994,
918 USC 2721, et seq.
AB966-ASA2,7,1010 7. A commercial entity using personal information to do any of the following:
AB966-ASA2,7,1211 a. Prevent, detect, protect against, or respond to security incidents, identity
12theft, fraud, harassment, malicious or deceptive activities, or any illegal activity.
AB966-ASA2,7,1313 b. Preserve the integrity or security of systems.
AB966-ASA2,7,1514 c. Investigate, report, or prosecute any person responsible for an action
15described under subd. 7. a. or b.
AB966-ASA2,7,1716 8. A financial institution, affiliate of a financial institution, or data subject to
17title V of the federal Gramm-Leach-Bliley Act, 15 USC 6801, et seq.
AB966-ASA2,7,2018 9. A covered entity for purposes of the federal privacy regulations promulgated
19under the federal Health Insurance Portability and Accountability Act of 1996,
20specifically 42 USC 1320d-2 note.
AB966-ASA2,7,2321 10. A commercial entity engaging in the collection and sale or licensing of
22personal information incidental to conducting the activities described in subds. 1. to
239.
AB966-ASA2,7,2424 11. Insurance and insurance support organizations.
AB966-ASA2,8,2
112. Law enforcement agencies or law enforcement support organizations and
2vendors.
AB966-ASA2,8,63 (b) “Government agency” includes any association, authority, board,
4department, commission, independent agency, institution, office, society, or other
5body corporate and politic in state or local government created or authorized to be
6created by the constitution or any law.
AB966-ASA2,8,97 (c) “Home address” includes a judicial officer's permanent residence and any
8secondary residences affirmatively identified by the judicial officer. “ Home address”
9does not include a judicial officer's work address.
AB966-ASA2,8,1010 (d) “Immediate family” includes any of the following:
AB966-ASA2,8,1111 1. A judicial officer's spouse.
AB966-ASA2,8,1412 2. A minor child of the judicial officer or of the judicial officer's spouse, including
13a foster child, or an adult child of the judicial officer or of the judicial officer's spouse
14whose permanent residence is with the judicial officer.
AB966-ASA2,8,1515 3. A parent of the judicial officer or the judicial officer's spouse.
AB966-ASA2,8,1616 4. Any other person who resides at the judicial officer's residence.
AB966-ASA2,8,2017 (e) “Judicial officer” means a person who currently is or who formerly was a
18supreme court justice, court of appeals judge, circuit court judge, municipal judge,
19tribal judge, temporary or permanent reserve judge, or circuit, supplemental, or
20municipal court commissioner.
AB966-ASA2,8,2321 (f) “Permanent residence” means the place where a person's habitation is fixed,
22without any present intent to move, and to which, when absent, the person intends
23to return.
AB966-ASA2,9,3
1(g) “Personal information” means any of the following with regard to a judicial
2officer or any immediate family member of a judicial officer, but does not include
3information regarding employment with a government agency:
AB966-ASA2,9,44 1. A home address.
AB966-ASA2,9,55 2. A home or personal mobile telephone number.
AB966-ASA2,9,66 3. A personal email address.
AB966-ASA2,9,87 4. A social security number, driver's license number, federal tax identification
8number, or state tax identification number.
AB966-ASA2,9,109 5. Except as required under ch. 11, a bank account or credit or debit card
10information.
AB966-ASA2,9,1311 6. A license plate number or other unique identifiers of a vehicle owned, leased,
12or regularly used by a judicial officer or an immediate family member of a judicial
13officer.
AB966-ASA2,9,1514 7. The identification of children under the age of 18 of a judicial officer or an
15immediate family member of a judicial officer.
AB966-ASA2,9,1616 8. The full date of birth.
AB966-ASA2,9,1717 9. Marital status.
AB966-ASA2,9,2318 (h) “Publicly available content” means any written, printed, or electronic
19document or record that provides information or that serves as a document or record
20maintained, controlled, or in the possession of a government agency that may be
21obtained by any person or entity, from the Internet, from the government agency
22upon request either free of charge or for a fee, or in response to a public records
23request under ch. 19.
AB966-ASA2,9,2524 (i) “Publicly post or display” means to intentionally communicate or otherwise
25make available to the general public.
AB966-ASA2,10,3
1(j) “Transfer” means to sell, license, trade, or exchange for consideration the
2personal information of a judicial officer or a judicial officer's immediate family
3member.
AB966-ASA2,10,84 (k) “Written request” means written notice signed by a judicial officer or a
5representative of the judicial officer's employer requesting a government agency,
6business, association, or other person to refrain from publicly posting or displaying
7publicly available content that includes the personal information of the judicial
8officer or judicial officer's immediate family.
AB966-ASA2,10,21 9(2) Publicly posting or displaying a judicial officer's personal information
10by a government agency.
(a) A government agency may not publicly post or display
11publicly available content that includes a judicial officer's personal information,
12provided that the government agency has received a written request in accordance
13with sub. (4) that it refrain from disclosing the judicial officer's personal information.
14After a government agency has received a written request, that agency shall remove
15the judicial officer's personal information from publicly available content within 10
16business days. After the government agency has removed the judicial officer's
17personal information from publicly available content, the agency may not publicly
18post or display the information, and the judicial officer's personal information shall
19be exempt from inspection and copying under s. 19.35 unless the government agency
20has received consent as provided under sub. (4) (e) to make the personal information
21available to the public.
AB966-ASA2,10,2422 (b) Nothing in this subsection prohibits a government agency from providing
23access to records containing the personal information of a judicial officer to a 3rd
24party if the 3rd party meets any of the following criteria:
AB966-ASA2,10,2525 1. Possesses a signed consent document, as provided under sub. (4) (e).
AB966-ASA2,11,1
12. Is subject to the requirements of 15 USC 6801, et seq.
AB966-ASA2,11,22 3. Executes a confidentiality agreement with the government agency.
AB966-ASA2,11,6 3(3) Data brokers and other persons and businesses. (a) No data broker may
4knowingly sell, license, trade, purchase, or otherwise make available for
5consideration the personal information of a judicial officer or a judicial officer's
6immediate family.
AB966-ASA2,11,117 (b) 1. No person, business, or association may publicly post or display on the
8Internet publicly available content that includes the personal information of a
9judicial officer or the judicial officer's immediate family, provided that the judicial
10officer has made a written request to the person, business, or association that it
11refrain from disclosing or acquiring the personal information.
AB966-ASA2,11,1212 2. Subdivision 1. does not apply to any of the following:
AB966-ASA2,11,1513 a. Personal information that the judicial officer or an immediate family
14member of the judicial officer voluntarily publishes on the Internet after the effective
15date of this subd. 2. a. .... [LRB inserts date].
AB966-ASA2,11,1716 b. Personal information lawfully received from a state or federal government
17source, including from an employee or agent of the state or federal government.
AB966-ASA2,11,2518 (c) 1. After a person, business, or association has received a written request
19from a judicial officer to protect the privacy of the personal information of the judicial
20officer and the judicial officer's immediate family, the person, business, or
21association shall remove from the Internet, within 10 days, the personal information
22identified in the request; ensure that the information is not made available on any
23website or subsidiary website controlled by that person, business, or association; and
24identify any other instances of the identified information that should also be
25removed.
AB966-ASA2,12,3
12. After receiving a judicial officer's written request, no person, business, or
2association may transfer the judicial officer's personal information to any other
3person, business, or association through any medium, except as follows:
AB966-ASA2,12,74 a. The person, business, or association may transfer personal information that
5the judicial officer or an immediate family member of the judicial officer voluntarily
6publishes on the Internet after the effective date of this subd. 2. a. .... [LRB inserts
7date].
AB966-ASA2,12,108 b. The person, business, or association may transfer the judicial officer's
9personal information at the request of the judicial officer if the transfer is necessary
10to effectuate a request to the person, business, or association from the judicial officer.
AB966-ASA2,12,15 11(4) Procedure for completing a written request for protection of personal
12information.
(a) No government agency, person, business, or association may be
13found to have violated any provision of this section if the judicial officer fails to
14submit a written request calling for the protection of the personal information of the
15judicial officer or the judicial officer's immediate family.
AB966-ASA2,12,1716 (b) 1. A written request under this subsection is valid if the request meets the
17requirements of par. (d) and if the judicial officer does any of the following:
AB966-ASA2,12,1918 a. Sends the written request directly to a government agency, person, business,
19or association.
AB966-ASA2,12,2220 b. If the director of state courts has a policy and procedure for a judicial officer
21to file the written request with the director of state court's office to notify government
22agencies, the judicial officer sends the written request to the director of state courts.
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