Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB190 Compare Versions

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

Old	New	Differences
1	1	2025 - 2026 LEGISLATURE
2	2	LRB-2241/1
3	3	MPG:amn
4	4	2025 ASSEMBLY BILL 190
5	5	April 15, 2025 - Introduced by Representatives NOVAK, SWEARINGEN, ANDERSON,
6	6	ARMSTRONG, BEHNKE, FRANKLIN, GOEBEN, GUNDRUM, GUSTAFSON,
7	7	KITCHENS, KNODL, MURPHY, MURSAU, NEDWESKI, O'CONNOR, RODRIGUEZ,
8	8	STEFFEN, TITTL, TRANEL, TUSLER, WICHGERS, WITTKE and ALLEN,
9	9	cosponsored by Senators WANGGAARD, FEYEN, KAPENGA, NASS, QUINN, ROYS,
10	10	SPREITZER, STAFSHOLT and TOMCZYK. Referred to Committee on State Affairs.
11	11
12	12	*AUTHORS SUBJECT TO CHANGE*
13	13	AN ACT to renumber 19.37 (2) (a); to create 19.37 (2) (a) 2. of the statutes;
14	14	relating to: obtaining attorney fees and costs under the state[s public records
15	15	law when an authority voluntarily or unilaterally releases a contested record
16	16	after an action has been filed in court.
17	17	Analysis by the Legislative Reference Bureau
18	18	Currently, if a person requests access to a public record and the agency or
19	19	officer in state or local government having custody of the record, known as an
20	20	XauthorityY under the public records law, withholds or delays granting access to the
21	21	record or a part of the record, the requester may bring a mandamus action asking a
22	22	court to order release of the record or part of the record. Current law requires the
23	23	court to award reasonable attorney fees, damages of not less than $100, and other
24	24	actual costs to the requester if the requester prevails in whole or in substantial part
25	25	in any such action.
26	26	The Wisconsin Supreme Court decided in 2022 that a requester prevails in
27	27	whole or in substantial part only if the requester obtains a judicially sanctioned
28	28	change in the parties[ legal relationship, for example, a court order requiring
29	29	disclosure of a record. See, Friends of Frame Park, U.A. v. City of Waukesha, 2022
30	30	WI 57. Under the supreme court[s decision, a requester generally is not entitled to
31	31	1
32	32	2
33	33	3
34	34	4 2025 - 2026 Legislature
35	35	ASSEMBLY BILL 190
36	36	- 2 - LRB-2241/1
37	37	MPG:amn
38	38	SECTION 1
39	39	attorney fees and costs if the authority voluntarily or unilaterally without a court
40	40	order provides contested records after the requester files an action in court.
41	41	This bill supersedes the supreme court[s decision in Friends of Frame Park.
42	42	Under the bill, a requester has prevailed in whole or in substantial part if the
43	43	requester has obtained relief through any of the following means:
44	44	1. A judicial order or an enforceable written agreement or consent decree.
45	45	2. The authority[s voluntary or unilateral release of a record if the court
46	46	determines that the filing of the mandamus action was a substantial factor
47	47	contributing to that voluntary or unilateral release.
48	48	This standard is substantially the same as the standard that applies for a
49	49	requester to obtain attorney fees and costs under the federal Freedom of
50	50	Information Act.
51	51	The people of the state of Wisconsin, represented in senate and assembly, do
52	52	enact as follows:
53	53	SECTION 1. 19.37 (2) (a) of the statutes is renumbered 19.37 (2) (a) 1.
54	54	SECTION 2. 19.37 (2) (a) 2. of the statutes is created to read:
55	55	19.37 (2) (a) 2. A requester has prevailed in whole or in substantial part under
56	56	this paragraph if the requester has obtained relief through any of the following
57	57	means:
58	58	a. A judicial order or an enforceable written agreement or consent decree.
59	59	b. The authority[s voluntary or unilateral release of a record if the court
60	60	determines that the filing of the action under sub. (1) was a substantial factor
61	61	contributing to that voluntary or unilateral release.
62	62	(END)
63	63	1
64	64	2
65	65	3
66	66	4
67	67	5
68	68	6
69	69	7
70	70	8
71	71	9
72	72	10