Wisconsin Assembly Bill AB190

Wisconsin 2025-2026 Regular Session

• Introduced: 4/15/25
• Refer: 4/15/25
• Report Pass: 7/8/25
• Refer: 7/8/25

Caption

Obtaining attorney fees and costs under the state’s public records law when an authority voluntarily or unilaterally releases a contested record after an action has been filed in court.

Impact

The introduction of AB190 is expected to enhance access to public records by incentivizing compliance from governmental authorities. It aligns the state's public records law more closely with the federal Freedom of Information Act, which has more permissive provisions for awarding fees. This shift aims to streamline the process for individuals seeking access to governmental records, encouraging authorities to release contested materials rather than prolonging disputes that lead to litigation.

Summary

Assembly Bill 190 aims to revise the provisions regarding the awarding of attorney fees and costs under Wisconsin's public records law. Specifically, it overrides a previous decision by the Wisconsin Supreme Court that limited the conditions under which requesters could claim attorney fees when contested records were released after legal action had commenced. The bill proposes that if a requester prevails in obtaining records, either through a judicial order or through the voluntary release of records by the authority due to the action taken, they would be entitled to attorney fees and related costs.

Contention

Notable points of contention surrounding AB190 include concerns from some lawmakers that it may lead to increased litigation against state agencies, as more individuals may feel empowered to file suit if they believe they can recoup attorney fees. Critics fear that this could burden state resources and lead to frivolous requests. Moreover, questions have been raised about protecting the interests of governmental authorities which may have valid reasons for withholding records, potentially leading to a clash between transparency advocates and governmental accountability.