Wisconsin 2023 2023-2024 Regular Session

Wisconsin Senate Bill SB119 Comm Sub / Analysis

                    Wisconsin Legislative Council 
AMENDMENT MEMO 
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc 
Memo published: October 17, 2023 	Contact: David Moore, Senior Staff Attorney 
2023 Senate Bill 119 
Senate 
Amendment 1 
2023 SENATE BILL 119 
Current law requires a law enforcement agency that receives a public records request for a record that 
contains specific information that, if disclosed, would identify a law enforcement informant, to delete 
the portion of the record in which the information is contained or, if no portion of the record can be 
inspected or copied without identifying the informant, withhold the record unless the custodian of the 
record makes a determination that the public interest in allowing a person to inspect, copy, or receive a 
copy of the identifying information outweighs the harm done to the public interest by providing access.   
2023 Senate Bill 119 removes the language that limits the requirements above to a law enforcement 
agency. Under the bill, any authority that receives a public records request for a record that contains 
specific information that, if disclosed, would identify a law enforcement informant, must either redact 
or withhold the record as described above. 
The bill also modifies a requirement that various county officers, “with proper care ... [must] open to 
the examination of any persons 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 
therefrom,” except when limiting access to these records is allowed under various enumerated statutes. 
The bill adds the statutory provision limiting the disclosure of records containing information that 
could identify a law enforcement informant to the circumstances under which these county officers are 
not required to provide access to records. 
SENATE AMENDMENT 1 
Senate Amendment 1 to Senate Bill 119 clarifies the obligation of various county officers to deny access 
to records on the basis that it contains information that could identify a law enforcement informant. 
The amendment allows these officers to prohibit records to the extent the books, records, papers, or 
minutes contain information that would identify an information as such.  
BILL HISTORY 
Senator Wanggaard offered Senate Amendment 1 to Senate Bill 119 on September 26, 2023. On October 
12, 2023, the Senate Committee on Judiciary and Public Safety voted unanimously to recommend 
adoption of Senate Amendment 1 and passage of Senate Bill 119, as amended.  
For a full history of the bill, visit the Legislature’s bill history page.  
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