2025 - 2026 LEGISLATURE
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2025 ASSEMBLY BILL 190
April 15, 2025 - Introduced by Representatives NOVAK, SWEARINGEN, ANDERSON,
ARMSTRONG, BEHNKE, FRANKLIN, GOEBEN, GUNDRUM, GUSTAFSON,
KITCHENS, KNODL, MURPHY, MURSAU, NEDWESKI, O'CONNOR, RODRIGUEZ,
STEFFEN, TITTL, TRANEL, TUSLER, WICHGERS, WITTKE and ALLEN,
cosponsored by Senators WANGGAARD, FEYEN, KAPENGA, NASS, QUINN, ROYS,
SPREITZER, STAFSHOLT and TOMCZYK. Referred to Committee on State Affairs.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber 19.37 (2) (a); to create 19.37 (2) (a) 2. of the statutes;
relating to: obtaining attorney fees and costs under the state[s public records
law when an authority voluntarily or unilaterally releases a contested record
after an action has been filed in court.
Analysis by the Legislative Reference Bureau
Currently, if a person requests access to a public record and the agency or
officer in state or local government having custody of the record, known as an
XauthorityY under the public records law, withholds or delays granting access to the
record or a part of the record, the requester may bring a mandamus action asking a
court to order release of the record or part of the record. Current law requires the
court to award reasonable attorney fees, damages of not less than $100, and other
actual costs to the requester if the requester prevails in whole or in substantial part
in any such action.
The Wisconsin Supreme Court decided in 2022 that a requester prevails in
whole or in substantial part only if the requester obtains a judicially sanctioned
change in the parties[ legal relationship, for example, a court order requiring
disclosure of a record. See, Friends of Frame Park, U.A. v. City of Waukesha, 2022
WI 57. Under the supreme court[s decision, a requester generally is not entitled to
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ASSEMBLY BILL 190
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SECTION 1
attorney fees and costs if the authority voluntarily or unilaterally without a court
order provides contested records after the requester files an action in court.
This bill supersedes the supreme court[s decision in Friends of Frame Park.
Under the bill, a requester has prevailed in whole or in substantial part if the
requester has obtained relief through any of the following means:
1. A judicial order or an enforceable written agreement or consent decree.
2. The authority[s voluntary or unilateral release of a record if the court
determines that the filing of the mandamus action was a substantial factor
contributing to that voluntary or unilateral release.
This standard is substantially the same as the standard that applies for a
requester to obtain attorney fees and costs under the federal Freedom of
Information Act.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 19.37 (2) (a) of the statutes is renumbered 19.37 (2) (a) 1.
SECTION 2. 19.37 (2) (a) 2. of the statutes is created to read:
19.37 (2) (a) 2. A requester has prevailed in whole or in substantial part under
this paragraph if the requester has obtained relief through any of the following
means:
a. A judicial order or an enforceable written agreement or consent decree.
b. The authority[s voluntary or unilateral release of a record if the court
determines that the filing of the action under sub. (1) was a substantial factor
contributing to that voluntary or unilateral release.
(END)
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