Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB145 Compare Versions

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

Old	New	Differences
1	1	LRB-1777/1
2	2	MPG&JK:cjs
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 145
5	5	April 7, 2023 - Introduced by Representatives NOVAK, SWEARINGEN, ALLEN,
6	6	ARMSTRONG, BALDEH, BEHNKE, BODDEN, BROOKS, EDMING, GUNDRUM,
7	7	GUSTAFSON, KITCHENS, KNODL, MACCO, MURPHY, MURSAU, NEDWESKI,
8	8	PENTERMAN, RETTINGER, RODRIGUEZ, SORTWELL, TITTL, TRANEL, TUSLER,
9	9	WITTKE, STEFFEN and C. ANDERSON, cosponsored by Senators STROEBEL,
10	10	BALLWEG, CABRAL-GUEVARA, COWLES, FELZKOWSKI, NASS, QUINN, ROYS,
11	11	WANGGAARD and SPREITZER. Referred to Committee on Government
12	12	Accountability and Oversight.
13	13	*AUTHORS SUBJECT TO CHANGE*
14	14	AN ACT to renumber 19.37 (2) (a); and to create 19.37 (2) (a) 2. of the statutes;
15	15	relating to: obtaining attorney fees and costs under the state's public records
16	16	law when an authority voluntarily or unilaterally releases a contested record
17	17	after an action has been filed in court.
18	18	Analysis by the Legislative Reference Bureau
19	19	Currently, if a person requests access to a public record and the agency or officer
20	20	in state or local government having custody of the record, known as an “authority”
21	21	under the public records law, withholds or delays granting access to the record or a
22	22	part of the record, the requester may bring a mandamus action asking a court to
23	23	order release of the record or part of the record. Current law requires the court to
24	24	award reasonable attorney fees, damages of not less than $100, and other actual
25	25	costs to the requester if the requester prevails in whole or in substantial part in any
26	26	such action.
27	27	The Wisconsin Supreme Court decided in 2022 that a requester prevails in
28	28	whole or in substantial part only if the requester obtains a judicially sanctioned
29	29	change in the parties' legal relationship, for example, a court order requiring
30	30	disclosure of a record. See, Friends of Frame Park, U.A. v. City of Waukesha, 2022 WI
31	31	57. Under the supreme court's decision, a requester generally is not entitled to
32	32	attorney fees and costs if the authority voluntarily or unilaterally without a court
33	33	order provides contested records after the requester files an action in court.
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37	37	4 - 2 -2023 - 2024 Legislature LRB-1777/1
38	38	MPG&JK:cjs
39	39	ASSEMBLY BILL 145
40	40	This bill supersedes the supreme court's decision in Friends of Frame Park.
41	41	Under the bill, a requester has prevailed in whole or in substantial part if the
42	42	requester has obtained relief through any of the following means:
43	43	1. A judicial order or an enforceable written agreement or consent decree.
44	44	2. The authority's voluntary or unilateral release of a record if the court
45	45	determines that the filing of the mandamus action was a substantial factor
46	46	contributing to that voluntary or unilateral release.
47	47	This standard is substantially the same as the standard that applies for a
48	48	requester to obtain attorney fees and costs under the federal Freedom of Information
49	49	Act.
50	50	The people of the state of Wisconsin, represented in senate and assembly, do
51	51	enact as follows:
52	52	SECTION 1. 19.37 (2) (a) of the statutes is renumbered 19.37 (2) (a) 1.
53	53	SECTION 2. 19.37 (2) (a) 2. of the statutes is created to read:
54	54	19.37 (2) (a) 2. A requester has prevailed in whole or in substantial part under
55	55	this paragraph if the requester has obtained relief through any of the following
56	56	means:
57	57	a. A judicial order or an enforceable written agreement or consent decree.
58	58	b. The authority's voluntary or unilateral release of a record if the court
59	59	determines that the filing of the action under sub. (1) was a substantial factor
60	60	contributing to that voluntary or unilateral release.
61	61	(END)
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