LRB-4518/1
MED:klm
2015 - 2016 LEGISLATURE
February 9, 2016 - Introduced by Representatives Barca, Kahl, Kolste, Doyle,
Ohnstad, Berceau, Young, Shankland, Considine, Spreitzer, Sinicki, Pope
and C. Taylor, cosponsored by Senators Vinehout,
Ringhand, C. Larson and
Harris Dodd. Referred to Committee on State Affairs and Government
Operations.
AB887,1,2
1An Act to create 16.61 (14) of the statutes;
relating to: destroying public
2records and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill provides that any person who arbitrarily and capriciously disposes of
or destroys a public record prior to the date the record may be disposed of or destroyed
as provided under the public records retention law may be required to forfeit not
more than $1,000. The public records retention law prohibits public records of a state
agency from being disposed of without the written approval of the Public Records
Board and also allows the board to establish retention periods for records of counties,
cities, towns, villages, and certain other local governments.
For further information see the state and local 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:
AB887,1
3Section
1. 16.61 (14) of the statutes is created to read:
AB887,2,64
16.61
(14) Penalty. Any person who arbitrarily and capriciously disposes of
5or destroys a public record prior to the date the record may be disposed of or destroyed
6as provided under this section may be required to forfeit not more than $1,000.
1Forfeitures under this section shall be enforced by action on behalf of the state by the
2attorney general or by the district attorney of any county where a violation occurs.
3In actions brought by the attorney general, the court shall award any forfeiture
4recovered together with reasonable costs to the state; and in actions brought by the
5district attorney, the court shall award any forfeiture recovered together with
6reasonable costs to the county.
