LRB-2393/1
JK:bjk:ph
2009 - 2010 LEGISLATURE
April 2, 2009 - Introduced by Representatives Molepske Jr., Zepnick, Berceau and
Smith. Referred to Committee on Assembly Organization.
AB190,1,2
1An Act to amend 13.92 (1) (c) of the statutes;
relating to: disclosing drafts of
2drafting requests that did not result in legislation.
Analysis by the Legislative Reference Bureau
Under current law, the drafting section of the Legislative Reference Bureau
(LRB) may draft proposed legislation for legislators, state government agencies, the
chief clerks of the assembly and senate, and party caucuses of the assembly and
senate. Under current law, the LRB may not disclose records of drafting requests
that did not result in introduced legislation. Under this bill, generally, with regards
to drafts that have not been introduced, if a person who made a request for proposed
legislation disclosed a draft of the proposed legislation to another person, other than
a person who may request drafting services under current law, the draft, but not the
file for the drafting request, is subject to an open records request and the person who
made the drafting request is the legal custodian of the draft.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB190, s. 1
3Section
1. 13.92 (1) (c) of the statutes is amended to read:
AB190,2,114
13.92
(1) (c)
Drafting records; when confidential. While the legislature remains
5in session the drafting section shall maintain the files for all drafting requests
1received during such session, but after final adjournment the drafting records to
2legislation introduced shall be turned over to the reference section under par. (a) 3.
3Records of drafting requests which did not result in legislation introduced shall
4remain confidential at all times
and, except that, if a person who has made a request
5for proposed legislation, or any other person specified under par. (b) 1., has disclosed
6a draft of the proposed legislation to a 3rd party, other than a person specified under
7par. (b) 1., the draft, but not the record of the drafting request, is a public record under
8subch. II of ch. 19 and, for purposes of this paragraph and subch. II of ch. 19, the
9person who requested the draft is the sole legal custodian. Records of drafting
10requests that did not result in legislation introduced may be maintained by the
11drafting section in such form as will facilitate its operations.
AB190,2,1413
(1) This act first applies to drafting requests received on the effective date of
14this subsection.
