2003 - 2004 LEGISLATURE
August 4, 2003 - Introduced by Representatives Gundrum, Ziegelbauer,
Grothman, Huebsch, Jeskewitz, Hahn, Gunderson, Stone, Lothian,
Petrowski, Albers, Van Roy, Bies, Townsend, Krawczyk, McCormick, Hines
and Gielow, cosponsored by Senators Lazich, Kanavas and Schultz. Referred
to Committee on Government Operations and Spending Limitations.
1An Act to renumber and amend
40.07 (2); and to create
40.07 (1g) and 40.07 (2m) of the statutes; relating to: disclosure of certain
3records of elective or major appointive state or local officials under the
4Wisconsin Retirement System.
Analysis by the Legislative Reference Bureau
With certain exceptions, under current law, individual personal information in
the records of the Department of Employee Trust Funds (DETF) may not be
This bill provides that DETF must make available for public inspection and
copying records of DETF containing the name of a participant who holds or held an
elective or major appointive state or local office, together with the amount of any
retirement annuity that is paid, payable, or projected by DETF to become payable
to the participant, and if the annuity is paid or being paid, the method used by DETF
to calculate the amount of the annuity.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB454, s. 1
40.07 (1) of the statutes is renumbered 40.07 (1m) and 40.07 (1m) 2
(intro.), as renumbered, is amended to read:
(intro.) Notwithstanding any other statutory provision, except as
4provided in subs. (2) and (2m),
individual personal information in the records of the 5
department is not a public record and shall not be disclosed, unless:
AB454, s. 2
40.07 (1g) of the statutes is created to read:
In this section:
(a) "Local public office" has the meaning given in s. 19.42 (7w), and includes any 9
appointive office or position of a local governmental unit in which an individual 10
serves as the head of a department, agency, or division of the local governmental unit, 11
but does not include any office or position filled by a municipal employee, as defined 12
in s. 111.70 (1) (i).
(b) "State public office" has the meaning given in s. 19.42 (13), but does not 14
include a position identified in s. 20.923 (6) (f) to (gm).
AB454, s. 3
40.07 (2) of the statutes is amended to read:
40.07 (2) Notwithstanding sub. (1), medical Medical
records may be disclosed 17
only when a disability application denial is appealed or under a court order duly 18
obtained upon a showing to the court that the information is relevant to a pending 19
court action but medical information gathered for any one of the benefit plans 20
established under this chapter may be used by any other benefit plan established 21
under this chapter.
AB454, s. 4
40.07 (2m) of the statutes is created to read:
The department shall make available for public inspection and 24
copying under s. 19.35 (1) records of the department containing the name of a 25
participant who holds or held a state public office or a local public office together with
the amount of any retirement annuity that is paid, payable, or projected by the 2
department to become payable to that participant, and if the annuity is paid or being 3
paid, the method used by the department to calculate the amount of the annuity.