Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB117 Compare Versions

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

Old	New	Differences
1	1	LRB-1199/1
2	2	MPG&JK:cjs
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 117
5	5	March 8, 2023 - Introduced by Senators STROEBEL, BALLWEG, CABRAL-GUEVARA,
6	6	COWLES, FELZKOWSKI, NASS, QUINN, ROYS and WANGGAARD, cosponsored by
7	7	Representatives NOVAK, SWEARINGEN, ALLEN, ARMSTRONG, BALDEH, BEHNKE,
8	8	BODDEN, BROOKS, EDMING, GUNDRUM, GUSTAFSON, KITCHENS, KNODL, MACCO,
9	9	MURPHY, MURSAU, NEDWESKI, PENTERMAN, RETTINGER, RODRIGUEZ, SORTWELL,
10	10	TITTL, TRANEL, TUSLER and WITTKE. Referred to Committee on Government
11	11	Operations, Elections and Consumer Protection.
12	12	AN ACT to renumber 19.37 (2) (a); and to create 19.37 (2) (a) 2. of the statutes;
13	13	relating to: obtaining attorney fees and costs under the state's public records
14	14	law when an authority voluntarily or unilaterally releases a contested record
15	15	after an action has been filed in court.
16	16	Analysis by the Legislative Reference Bureau
17	17	Currently, if a person requests access to a public record and the agency or officer
18	18	in state or local government having custody of the record, known as an “authority”
19	19	under the public records law, withholds or delays granting access to the record or a
20	20	part of the record, the requester may bring a mandamus action asking a court to
21	21	order release of the record or part of the record. Current law requires the court to
22	22	award reasonable attorney fees, damages of not less than $100, and other actual
23	23	costs to the requester if the requester prevails in whole or in substantial part in any
24	24	such action.
25	25	The Wisconsin Supreme Court decided in 2022 that a requester prevails in
26	26	whole or in substantial part only if the requester obtains a judicially sanctioned
27	27	change in the parties' legal relationship, for example, a court order requiring
28	28	disclosure of a record. See, Friends of Frame Park, U.A. v. City of Waukesha, 2022 WI
29	29	57. Under the supreme court's decision, a requester generally is not entitled to
30	30	attorney fees and costs if the authority voluntarily or unilaterally without a court
31	31	order provides contested records after the requester files an action in court.
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33	33	2
34	34	3
35	35	4 - 2 -2023 - 2024 Legislature LRB-1199/1
36	36	MPG&JK:cjs
37	37	SENATE BILL 117
38	38	This bill supersedes the supreme court's decision in Friends of Frame Park.
39	39	Under the bill, a requester has prevailed in whole or in substantial part if the
40	40	requester has obtained relief through any of the following means:
41	41	1. A judicial order or an enforceable written agreement or consent decree.
42	42	2. The authority's voluntary or unilateral release of a record if the court
43	43	determines that the filing of the mandamus action was a substantial factor
44	44	contributing to that voluntary or unilateral release.
45	45	This standard is substantially the same as the standard that applies for a
46	46	requester to obtain attorney fees and costs under the federal Freedom of Information
47	47	Act.
48	48	The people of the state of Wisconsin, represented in senate and assembly, do
49	49	enact as follows:
50	50	SECTION 1. 19.37 (2) (a) of the statutes is renumbered 19.37 (2) (a) 1.
51	51	SECTION 2. 19.37 (2) (a) 2. of the statutes is created to read:
52	52	19.37 (2) (a) 2. A requester has prevailed in whole or in substantial part under
53	53	this paragraph if the requester has obtained relief through any of the following
54	54	means:
55	55	a. A judicial order or an enforceable written agreement or consent decree.
56	56	b. The authority's voluntary or unilateral release of a record if the court
57	57	determines that the filing of the action under sub. (1) was a substantial factor
58	58	contributing to that voluntary or unilateral release.
59	59	(END)
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