SB442: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB442, s. 1 Section 1. 19.32 (1bg), (1de), (1dm), (2g) and (4) of the statutes are created to read:

SB442,3,5 19.32 (1bg) "Employee" means an individual who is engaged in employment in this state, other than an individual holding a state public office or a local public office.

SB442,3,6 (1de) "Local governmental unit" has the meaning given in s. 19.42 (7u).

SB442,3,11 (1dm) "Local public office" has the meaning given in s. 19.42 (7w), and also includes any appointive office or position of a local governmental unit in which an individual serves as the head of a department, agency, or division of the local governmental unit, but does not include any office or position filled by a municipal employee, as defined in s. 111.70 (1) (i).

SB442,3,13 (2g) "Record subject" means an individual about whom personally identifiable information is contained in a record.

SB442,4,2 (4) "State public office" has the meaning given in s. 19.42 (13), but does not include a position identified in s. 20.923 (6) (em) to (gm).

SB442, s. 2 Section 2. 19.345 of the statutes is created to read:

SB442,4,7 19.345 Time computation. In ss. 19.33 to 19.39, when a time period is provided for performing an act, whether the period is expressed in hours or days, the whole of Saturday, Sunday and any legal holiday, from midnight to midnight, shall be excluded in computing the period.

SB442, s. 3 Section 3. 19.356 of the statutes is created to read:

SB442,4,13 19.356 Notice to record subject; right of action. (1) Except as authorized in this section or as otherwise provided by statute, no authority is required to notify a record subject prior to providing to a requester access to a record containing information pertaining to that record subject, and no person is entitled to judicial review of the decision of an authority to provide a requester with access to a record.

SB442,4,25 (2) (a) Except as provided in pars. (b) and (c) and as otherwise authorized or required by statute, if an authority decides to permit access to a record containing information relating to an employee that is created or kept by the authority as a result of an investigation into a disciplinary matter involving the employee or possible employment-related violation by the employee of a statute, ordinance, rule, regulation, or policy of the employee's employer, or if an authority decides to permit access to any record obtained by the authority through a subpoena or search warrant, the authority shall, before permitting access and within 72 hours after making the decision to permit access, serve written notice of that decision on any record subject to whom that record pertains, either by certified mail or by personally serving the notice on the subject. The notice shall briefly describe the requested record and include a description of the rights of the record subject under subs. (3) and (4).

SB442,5,5 (b) Paragraph (a) does not apply to an authority who provides access to a record pertaining to an employee to the employee who is the subject of the record or to his or her representative to the extent required under s. 103.13 or to a recognized or certified collective bargaining representative to the extent required to fulfill a duty to bargain or pursuant to a collective bargaining agreement under ch. 111.

SB442,5,8 (c) Paragraph (a) does not apply to access to a record produced in relation to a function specified in s. 106.54 or 230.45 or subch. II of ch. 111 if the record is provided by an authority having responsibility for that function.

SB442,5,11 (3) Within 5 days after receipt of a notice under sub. (2), any record subject may provide written notification to the authority of his or her intent to seek a court order restraining the authority from providing access to the requested record.

SB442,5,16 (4) Within 10 days after receipt of a notice under sub. (2), any record subject may commence an action seeking a court order to restrain the authority from providing access to the requested record. If a record subject commences such an action, the record subject shall name the authority as a defendant. Notwithstanding s. 803.09, the requester may intervene in the action as a matter of right.

SB442,6,2 (5) An authority shall not provide access to a requested record within 12 days of sending a notice pertaining to that record under sub. (2). In addition, if the record subject commences an action under sub. (4), the authority shall not provide access to the requested record during pendency of the action. If the record subject appeals or petitions for review of a decision of the court or the time for appeal or petition for review of a decision adverse to the record subject has not expired, the authority shall not provide access to the requested record until any appeal is decided, until the period for appealing or petitioning for review expires, until a petition for review is denied, or until the authority receives written notice from the record subject that an appeal or petition for review will not be filed, whichever occurs first.

SB442,6,5 (6) The court may restrain the authority from providing access to the requested record. The court shall apply substantive common law principles construing the right to inspect, copy, or receive copies of records in making its decision.

SB442,6,10 (7) The court shall issue a decision within 10 days after the filing of the summons and complaint and proof of service of the summons and complaint upon the defendant and the requester, unless a party demonstrates cause for extension of this period. In any event, the court shall issue a decision within 30 days after those filings are complete.

SB442,6,13 (8) If a party appeals a decision of the court under sub. (7), the court of appeals shall grant precedence to the appeal over all other matters not accorded similar precedence by law.

SB442, s. 4 Section 4. 19.36 (10) of the statutes is created to read:

SB442,6,21 19.36 (10) Employee personnel records. Unless access is specifically authorized or required by statute, an authority shall not provide access under s. 19.35 (1) to records containing the following information, except to an employee or the employee's representative to the extent required under s. 103.13 or to a recognized or certified collective bargaining representative to the extent required to fulfill a duty to bargain under ch. 111 or pursuant to a collective bargaining agreement under ch. 111:

SB442,6,24 (a) Information maintained, prepared, or provided by an employer concerning the home address or telephone number of an employee, unless the employee authorizes the authority to provide access to such information.

SB442,7,3 (b) Information relating to the current investigation of a possible criminal offense or possible misconduct connected with employment by an employee prior to disposition of the investigation.

SB442,7,5 (c) Information pertaining to an employee's employment examination, except an examination score if access to that score is not otherwise prohibited.

SB442,7,11 (d) Information relating to one or more specific employees that is used by an authority or by the employer of the employees for staff management planning, including performance evaluations, judgments or recommendations concerning future salary adjustments or other wage treatments, management bonus plans, promotions, job assignments, letters of reference, or other comments or ratings relating to employees.

SB442, s. 5 Section 5. 40.07 (1) (intro.) and (3) of the statutes are amended to read:

SB442,7,16 40.07 (1) (intro.) Notwithstanding any other statutory provision, individual personal information in the records of the department is not a public record and shall not be disclosed, unless subject to access under s. 19.35 (1), but access to that information may be provided, unless prohibited under s. 19.36 (10), if:

SB442,7,19 (3) The department shall not furnish lists of participants, annuitants or beneficiaries to any person or organization except as permitted under s. 19.36 (10) and as required for the proper administration of the department.

SB442, s. 6 Section 6. 230.13 (1) (intro.) of the statutes is amended to read:

SB442,7,23 230.13 (1) (intro.) Except as provided in sub. (3) and s. ss. 19.36 (10) and 103.13, the secretary and the administrator may keep records of the following personnel matters closed to the public:

SB442, s. 7 Section 7. 230.13 (3) of the statutes is renumbered 230.13 (3) (a).

SB442, s. 8 Section 8. 230.13 (3) (b) of the statutes is created to read:

SB442,8,3 230.13 (3) (b) The secretary and the administrator may provide any agency with personnel information relating to the hiring and recruitment process, including specifically the examination scores and ranks and other evaluations of applicants.

SB442, s. 9 Section 9. 233.13 (intro.) of the statutes is amended to read:

SB442,8,7 233.13 Closed records. (intro.) Except as provided in s. ss. 19.36 (10) and 103.13, the authority may keep records of the following personnel matters closed to the public:

SB442,8,8 (End)