Date of enactment: March 27, 2024
2023 Senate Bill 119 Date of publication*: March 28, 2024
2023 WISCONSIN ACT 223
AN ACT to amend 19.36 (8) (b) and 59.20 (3) (a) of the statutes; relating to: public records identifying confidential
law enforcement informants.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 19.36 (8) (b) of the statutes is amended
to read:
19.36 (8) (b) If an authority that is a law enforcement
agency receives a request to inspect or copy a record or
portion of a record under s. 19.35 (1) (a) that contains spe-
cific information including but not limited to a name,
address, telephone number, voice recording, or handwrit-
ing sample which that, if disclosed, would identify an
informant, the authority shall delete the portion of the
record in which the information is contained or, if no por-
tion of the record can be inspected or copied without
identifying the informant, shall withhold the record
unless the legal custodian of the record, designated under
s. 19.33, makes a determination, at the time that the
request is made, that the public interest in allowing a per-
son to inspect, copy or receive a copy of such identifying
information outweighs the harm done to the public inter-
est by providing such access.
SECTION 2. 59.20 (3) (a) of the statutes is amended
to read:
59.20 (3) (a) Every sheriff, clerk of the circuit court,
register of deeds, treasurer, comptroller, register of pro-
bate, clerk, and county surveyor shall keep his or her
office at the county seat in the offices provided by the
county or by special provision of law; or if there is none,
then at such place as the board directs. The board may
also require any elective or appointive county official to
keep his or her office at the county seat in an office to be
provided by the county. All such officers shall keep their
offices open during the usual business hours of any day
except Sunday, as the board directs. With proper care, the
officers shall open to the examination of any person all
books and papers required to be kept in his or her office
and permit any person so examining to take notes and
copies of such books, records, papers, or minutes there-
from except as authorized in par. (c) and ss. 19.36 (10)
and (11) and 19.59 (3) (d) or under ch. 69 and except as
authorized in s. 19.36 (8) to the extent the books, records,
papers, or minutes contain information that would iden-
tify an informant as such.
SECTION 3.0Initial applicability.
(1) This act first applies to a public records request
pending with an authority on the effective date of this
subsection.
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”