LRB-2666/3
JTK&RAC:wlj:rs
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.
AB454,1,4 1An Act to renumber and amend 40.07 (1); to amend 40.07 (2); and to create
240.07 (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
disclosed.
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
1Section 1. 40.07 (1) of the statutes is renumbered 40.07 (1m) and 40.07 (1m)
2(intro.), as renumbered, is amended to read:
AB454,2,53 40.07 (1m) (intro.) Notwithstanding any other statutory provision, except as
4provided in subs. (2) and (2m),
individual personal information in the records of the
5department is not a public record and shall not be disclosed, unless:
AB454, s. 2 6Section 2. 40.07 (1g) of the statutes is created to read:
AB454,2,77 40.07 (1g) In this section:
AB454,2,128 (a) "Local public office" has the meaning given in s. 19.42 (7w), and includes any
9appointive office or position of a local governmental unit in which an individual
10serves as the head of a department, agency, or division of the local governmental unit,
11but does not include any office or position filled by a municipal employee, as defined
12in s. 111.70 (1) (i).
AB454,2,1413 (b) "State public office" has the meaning given in s. 19.42 (13), but does not
14include a position identified in s. 20.923 (6) (f) to (gm).
AB454, s. 3 15Section 3. 40.07 (2) of the statutes is amended to read:
AB454,2,2116 40.07 (2) Notwithstanding sub. (1), medical Medical records may be disclosed
17only when a disability application denial is appealed or under a court order duly
18obtained upon a showing to the court that the information is relevant to a pending
19court action but medical information gathered for any one of the benefit plans
20established under this chapter may be used by any other benefit plan established
21under this chapter.
AB454, s. 4 22Section 4. 40.07 (2m) of the statutes is created to read:
AB454,3,323 40.07 (2m) The department shall make available for public inspection and
24copying under s. 19.35 (1) records of the department containing the name of a
25participant who holds or held a state public office or a local public office together with

1the amount of any retirement annuity that is paid, payable, or projected by the
2department to become payable to that participant, and if the annuity is paid or being
3paid, the method used by the department to calculate the amount of the annuity.
AB454,3,44 (End)
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