Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB260 Compare Versions

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

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1	1	LRB-2817/1
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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 260
5	5	May 2, 2023 - Introduced by Senators WIMBERGER, BALLWEG, FELZKOWSKI and
6	6	MARKLEIN, cosponsored by Representatives STEFFEN, ARMSTRONG, BEHNKE,
7	7	BODDEN, BRANDTJEN, BROOKS, DITTRICH, MACCO, MICHALSKI, MURPHY,
8	8	NEDWESKI, ROZAR, SCHMIDT and SORTWELL. Referred to Committee on
9	9	Government Operations, Elections and Consumer Protection.
10	10	AN ACT to create 20.933 of the statutes; relating to: interception of oral
11	11	communications by public bodies in public spaces.
12	12	Analysis by the Legislative Reference Bureau
13	13	Under current law, it is a crime for a person to intentionally intercept or attempt
14	14	to intercept an oral communication or to intentionally use a device or attempt to use
15	15	a device to intercept an oral communication, subject to certain exceptions primarily
16	16	related to law enforcement.
17	17	Under this bill, subject to current law exceptions related to law enforcement,
18	18	no state agency, broadly defined, no local governmental unit, and no official of such
19	19	an agency or local governmental unit may intercept an oral communication in a
20	20	building or space owned, leased, or operated by the agency or local governmental
21	21	unit, except that a state agency or local governmental unit may authorize such
22	22	interception of oral communications if all of the following apply:
23	23	1. The governing body of the local governmental unit authorizes the
24	24	interception by a two-thirds vote of the body's membership.
25	25	2. The governing body or head of the state agency or local governmental unit
26	26	authorizes the interception at least once each year. The authorization must include
27	27	information concerning the costs and operational procedures and capabilities
28	28	associated with the interception, and the specific areas where interception is
29	29	authorized.
30	30	3. Each area where interception is authorized contains a posting in plain view
31	31	advising the public that oral communications in the area may be recorded.
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33	33	2 - 2 -2023 - 2024 Legislature LRB-2817/1
34	34	MPG:amn
35	35	SENATE BILL 260
36	36	4. Recordings of the interceptions are retained by the state agency or local
37	37	governmental unit for no more than 240 days after origination.
38	38	The people of the state of Wisconsin, represented in senate and assembly, do
39	39	enact as follows:
40	40	SECTION 1. 20.933 of the statutes is created to read:
41	41	20.933 Interception of oral communications in public spaces. (1)
42	42	DEFINITIONS. In this section:
43	43	(a) “Intercept” has the meaning given in s. 968.27 (9).
44	44	(b) “Local governmental unit" means a political subdivision of this state, a
45	45	special purpose district in this state, an agency or corporation of a political
46	46	subdivision or special purpose district, or a combination or subunit of any of the
47	47	foregoing.
48	48	(c) “Oral communication” means any oral communication uttered by a person
49	49	regardless of whether the person making the utterance exhibits an expectation that
50	50	the communication is not subject to interception under circumstances justifying the
51	51	expectation.
52	52	(d) “State agency" means an association, authority, board, department,
53	53	commission, independent agency, institution, office, society, or other body in state
54	54	government created or authorized to be created by the constitution or any law.
55	55	(2) PROHIBITION. (a) No state agency or local governmental unit or official of
56	56	a state agency or local governmental unit may intercept an oral communication in
57	57	a building or space owned, leased, or operated by the state agency or local
58	58	governmental unit except as provided under par. (b) or s. 196.63, 968.28, 968.29,
59	59	968.30, or 968.31 (2) (b) or (c).
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80	80	LRB-2817/1
81	81	MPG:amn
82	82	SECTION 1
83	83	SENATE BILL 260
84	84	(b) A state agency or local governmental unit may authorize the interception
85	85	of oral communications in a building or space owned, leased, or operated by the state
86	86	agency or local governmental unit if all of the following apply:
87	87	1. If applicable, the governing body of the local governmental unit authorizes
88	88	the interception by a two-thirds vote of the body's membership.
89	89	2. The governing body or head of the state agency or local governmental unit
90	90	authorizes the interception at least once each year. The authorization shall include
91	91	information concerning the costs and operational procedures and capabilities
92	92	associated with the interception, and the specific areas where interception is
93	93	authorized.
94	94	3. Each area where interception is authorized contains a posting in plain view
95	95	advising the public that oral communications in the area may be recorded.
96	96	4. Recordings of the interceptions are retained by the state agency or local
97	97	governmental unit for no more than 240 days after origination.
98	98	(END)
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