AB567,5
1Section
5. 19.32 (2) of the statutes is amended to read:
AB567,4,152
19.32
(2) "Record" means any material on which written, drawn, printed,
3spoken, visual
, or electromagnetic information
or electronically generated or stored
4data is recorded or preserved, regardless of physical form or characteristics, which
5has been created or is being kept by an authority. "Record" includes, but is not limited
6to, handwritten, typed or printed pages, maps, charts, photographs, films,
7recordings, tapes
(including computer tapes), computer printouts and, optical disks
,
8and any other medium on which electronically generated or stored data is recorded
9or preserved. "Record" does not include drafts, notes, preliminary computations and
10like materials prepared for the originator's personal use or prepared by the
11originator in the name of a person for whom the originator is working; materials
12which are purely the personal property of the custodian and have no relation to his
13or her office; materials to which access is limited by copyright, patent or bequest; and
14published materials in the possession of an authority other than a public library
15which are available for sale, or which are available for inspection at a public library.
Note: Deletes a reference in the definition of "record" to computer tapes and
printouts and substitutes a more general reference to "electronically generated or stored
data" in order to explicitly capture other current and possible future formats.
AB567,6
16Section
6
. 19.32 (3m) of the statutes is created to read:
AB567,4,2017
19.32
(3m) "Special purpose district" means a district, other than a state
18governmental unit or a county, city, village, or town, that is created to perform a
19particular function and whose geographic jurisdiction is limited to some portion of
20this state.
Note: Creates a definition of "special purpose district," which is used in Section
2. The definition is designed to capture all nonstate governmental districts, except
counties, cities, villages, and towns, that are created to perform a particular function and
whose geographic jurisdiction is limited to some portion of this state.
AB567,7
1Section
7
. 19.33 (1) to (3) and (8) of the statutes are amended to read:
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19.33
(1) An
elected elective official is the legal custodian of his or her records
3and the records of his or her office, but the official may designate an employee of his
4or her staff to act as the legal custodian.
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5(2) The chairperson of a committee of
elected elective officials, or the designee
6of the chairperson, is the legal custodian of the records of the committee.
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7(3) The cochairpersons of a joint committee of
elected elective officials, or the
8designee of the cochairpersons, are the legal custodians of the records of the joint
9committee.
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10(8) No
elected elective official of a legislative body has a duty to act as or
11designate a legal custodian under sub. (4) for the records of any committee of the body
12unless the official is the highest ranking officer or chief administrative officer of the
13committee or is designated the legal custodian of the committee's records by rule or
14by law.
Note: Covers under the law a person who holds an elective office even if the person
was appointed to fill a vacancy in that office.
AB567,8
15Section
8. 19.34 (title) of the statutes is amended to read:
AB567,5,16
1619.34 (title)
Procedural information; access times and locations.
Note: Expands title to reflect the complete content of s. 19.34, stats.
AB567,9
17Section
9. 19.35 (1) (am) (intro.) of the statutes is amended to read:
AB567,6,318
19.35
(1) (am) (intro.) In addition to any right under par. (a), any requester who
19is an individual or person authorized by the individual
, has a right to inspect any
20personally identifiable information pertaining to the individual in a record
21containing personally identifiable information
pertaining to the individual that is
1maintained by an authority and to make or receive a copy of any such information.
2The right to inspect or copy
information in a record under this paragraph does not
3apply to any of the following:
Note: Clarifies that if a record contains personally identifiable information
relating to more than one individual, an individual has a right to inspect or copy only the
portion of the record containing personally identifiable information relating to himself or
herself.
AB567,10
4Section
10. 19.35 (1) (b) of the statutes is amended to read:
AB567,6,105
19.35
(1) (b) Except as otherwise provided by law, any requester has a right to
6inspect a record and to make or receive a copy of a record. If a requester appears
7personally to request a copy of a record that permits
photocopying copying, the
8authority having custody of the record may, at its option, permit the requester to
9photocopy copy the record or provide the requester with a copy substantially as
10readable as the original.
Note: Broadens application of the right to photocopy or receive a photocopy of a
record to apply to other forms of copying.
AB567,11
11Section
11. 19.35 (1) (c) of the statutes is amended to read:
AB567,6,1612
19.35
(1) (c) Except as otherwise provided by law, any requester has a right to
13receive from an authority having custody of a record which is in the form of a
14comprehensible audio
tape recording a copy of the
tape recording substantially as
15audible as the original. The authority may instead provide a transcript of the
16recording to the requester if he or she requests.
Note: Removes reference to "tape" to apply this paragraph to records in digital and
other recording formats.
AB567,12
17Section
12. 19.35 (1) (d) of the statutes is amended to read:
AB567,6,2018
19.35
(1) (d) Except as otherwise provided by law, any requester has a right to
19receive from an authority having custody of a record which is in the form of a video
20tape recording a copy of the
tape recording substantially as good as the original.
Note: Removes reference to "tape" to apply this paragraph to records in digital and
other formats.
AB567,13
1Section
13
. 19.35 (6) of the statutes is amended to read:
AB567,7,42
19.35
(6) Elected Elective official responsibilities. No
elected elective 3official is responsible for the record of any other
elected elective official unless he or
4she has possession of the record of that other official.
Note: Covers under the law any person who holds an elective office even if the
person was appointed to fill a vacancy in that office.
AB567,14
5Section
14. 19.36 (7) (a) of the statutes is renumbered 19.36 (7) (a) 1. (intro.)
6and amended to read:
AB567,7,107
19.36
(7) (a) 1. (intro.) In this
section subsection, "final candidate" means each
8applicant
for a position who is seriously considered for appointment or whose name
9is certified for appointment
, and whose name is submitted for final consideration to
10an authority for appointment
, to any
of the following:
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11a. A state position, except a position in the classified service
, or to any.
AB567,7,12
12b. A local public office.
AB567,7,13
132. "Final candidate" includes
, whenever all of the following:
AB567,7,16
14a. Whenever there are at least 5
candidates applicants for an office or position,
15each of the 5
candidates applicants who are considered
the most qualified for the
16office or position by an authority
, and whenever.
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17b. Whenever there are
less fewer than 5
candidates applicants for an office or
18position, each
such candidate applicant.
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19c. Whenever an appointment is to be made from a group of more than 5
20candidates, "final candidate" also includes applicants considered the most qualified
21for an office or position by an authority, each
candidate applicant in
the that group.
Note: 1. Breaks out organizational structure for definition of "final candidate" in
s. 19.36 (7), stats., to improve readability.
2. Standardizes and clarifies word usage and eliminates excess verbiage.
AB567,15
1Section
15. 19.36 (13) of the statutes is amended to read:
AB567,8,62
19.36
(13) Financial identifying information. An authority shall not provide
3access to personally identifiable
data information that contains an individual's
4account or customer number with a financial institution, as defined in s. 134.97 (1)
5(b), including credit card numbers, debit card numbers, checking account numbers,
6or draft account numbers, unless specifically required by law.
Note: Substitutes a term defined in s. 19.62 (5), stats., for a variant of that term.
The definition applies to s. 19.36 (13), stats., under s. 19.32 (1r), stats.
AB567,16
7Section
16
. 19.365 of the statutes is renumbered 19.70.
Note: Relocates a provision that does not relate to public records access, but rather
to personal information, to the subchapter that relates to personal information practices.