LRBs0376/1
JEO:jlg:jf
1997 - 1998 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 1997 SENATE BILL 140
January 15, 1998 - Offered by
Committee on Health, Human Services, Aging,
Corrections, Veterans and Military Affairs.
SB140-SSA1,1,2
1An Act to amend 19.32 (3), 19.35 (5), 19.37 (1m) and 19.37 (2) (a); and
to create
219.32 (1b) and 19.32 (1d) of the statutes;
relating to: access to public records.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB140-SSA1,1,64
19.32
(1b) "Committed person" means a person who is committed under ch. 51,
5971, 975 or 980 and who is placed in an inpatient treatment facility, during the period
6that the person's placement in the inpatient treatment facility continues.
SB140-SSA1,1,88
19.32
(1d) "Inpatient treatment facility" means any of the following:
SB140-SSA1,1,99
(a) A mental health institute, as defined in s. 51.01 (12).
SB140-SSA1,1,1010
(b) The Wisconsin resource center established under s. 46.056.
SB140-SSA1,1,1111
(c) A secure mental health unit or facility established under s. 980.065 (2).
SB140-SSA1,1,1212
(d) The Milwaukee county mental health complex established under s. 51.08.
SB140-SSA1,2,62
19.32
(3) "Requester" means any person who requests inspection or copies of
3a record, except
an a committed or incarcerated person, unless the person requests
4inspection or copies of a record that contains specific references to that person or his
5or her minor children for whom he or she has not been denied physical placement
6under ch. 767, and the record is otherwise accessible to the person by law.
SB140-SSA1,2,188
19.35
(5) Record destruction. No authority may destroy any record at any
9time after the receipt of a request for inspection or copying of the record under sub.
10(1) until after the request is granted or until at least 60 days after the date that the
11request is denied or, if the requester is
an a committed or incarcerated person, until
12at least 90 days after the date that the request is denied. If an authority receives
13written notice that an action relating to a record has been commenced under s. 19.37,
14the record may not be destroyed until after the order of the court in relation to such
15record is issued and the deadline for appealing that order has passed, or, if appealed,
16until after the order of the court hearing the appeal is issued. If the court orders the
17production of any record and the order is not appealed, the record may not be
18destroyed until after the request for inspection or copying is granted.
SB140-SSA1,2,2420
19.37
(1m) Time for commencing action. No action for mandamus under sub.
21(1) to challenge the denial of a request for access to a record or part of a record may
22be commenced by any
committed or incarcerated person later than 90 days after the
23date that the request is denied by the authority having custody of the record or part
24of the record.
SB140-SSA1,3,9
119.37
(2) (a) Except as provided in this paragraph, the court shall award
2reasonable attorney fees, damages of not less than $100, and other actual costs to the
3requester if the requester prevails in whole or in substantial part in any action filed
4under sub. (1) relating to access to a record or part of a record under s. 19.35 (1) (a).
5If the requester is
an a committed or incarcerated person, the requester is not
6entitled to any minimum amount of damages, but the court may award damages.
7Costs and fees shall be paid by the authority affected or the unit of government of
8which it is a part, or by the unit of government by which the legal custodian under
9s. 19.33 is employed and may not become a personal liability of any public official.
SB140-SSA1,3,1211
(1) This act first applies to records access requests made on the effective date
12of this subsection.
