Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB118 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 118
5	5	March 24, 2023 - Introduced by Representatives NEDWESKI, C. ANDERSON, J.
6	6	ANDERSON, CONSIDINE, DITTRICH, DONOVAN, EDMING, EMERSON, JOERS,
7	7	KITCHENS, MURPHY, MURSAU, ORTIZ-VELEZ, RETTINGER, SINICKI, SPIROS, STUBBS,
8	8	SUBECK and TUSLER, cosponsored by Senators W ANGGAARD, COWLES,
9	9	FELZKOWSKI, JAMES, MARKLEIN and SPREITZER. Referred to Committee on
10	10	Government Accountability and Oversight.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to amend 19.36 (8) (b) and 59.20 (3) (a) of the statutes; relating to: public
13	13	records identifying confidential law enforcement informants.
14	14	Analysis by the Legislative Reference Bureau
15	15	Current law prohibits a law enforcement agency from disclosing records or
16	16	parts of records in response to a public records request that, if disclosed, would
17	17	identify a confidential informant of a law enforcement agency. Current law provides
18	18	an exception to that nondisclosure requirement if the records custodian determines
19	19	that the public interest in disclosing the record outweighs the harm done to the
20	20	public interest by providing access to the record.
21	21	This bill extends that nondisclosure requirement concerning the personally
22	22	identifiable information of confidential law enforcement informants to records or
23	23	parts of records maintained by any official or body subject to the public records law,
24	24	not just law enforcement agencies.
25	25	The people of the state of Wisconsin, represented in senate and assembly, do
26	26	enact as follows:
27	27	SECTION 1. 19.36 (8) (b) of the statutes is amended to read:
28	28	19.36 (8) (b) If an authority that is a law enforcement agency receives a request
29	29	to inspect or copy a record or portion of a record under s. 19.35 (1) (a) that contains
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36	36	SECTION 1 ASSEMBLY BILL 118
37	37	specific information including but not limited to a name, address, telephone number,
38	38	voice recording, or handwriting sample which that, if disclosed, would identify an
39	39	informant, the authority shall delete the portion of the record in which the
40	40	information is contained or, if no portion of the record can be inspected or copied
41	41	without identifying the informant, shall withhold the record unless the legal
42	42	custodian of the record, designated under s. 19.33, makes a determination, at the
43	43	time that the request is made, that the public interest in allowing a person to inspect,
44	44	copy or receive a copy of such identifying information outweighs the harm done to the
45	45	public interest by providing such access.
46	46	SECTION 2. 59.20 (3) (a) of the statutes is amended to read:
47	47	59.20 (3) (a) Every sheriff, clerk of the circuit court, register of deeds, treasurer,
48	48	comptroller, register of probate, clerk, and county surveyor shall keep his or her office
49	49	at the county seat in the offices provided by the county or by special provision of law;
50	50	or if there is none, then at such place as the board directs. The board may also require
51	51	any elective or appointive county official to keep his or her office at the county seat
52	52	in an office to be provided by the county. All such officers shall keep their offices open
53	53	during the usual business hours of any day except Sunday, as the board directs. With
54	54	proper care, the officers shall open to the examination of any person all books and
55	55	papers required to be kept in his or her office and permit any person so examining
56	56	to take notes and copies of such books, records, papers, or minutes therefrom except
57	57	as authorized in par. (c) and ss. 19.36 (8), (10), and (11) and 19.59 (3) (d) or under ch.
58	58	69.
59	59	SECTION 3.0Initial applicability.
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83	83	LRB-2101/1
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85	85	SECTION 3
86	86	ASSEMBLY BILL 118
87	87	(1) This act first applies to a public records request pending with an authority
88	88	on the effective date of this subsection.
89	89	(END)
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