SB421: Bill Text

SB421,7 Section 7 . 19.33 (1) to (3) and (8) of the statutes are amended to read:

SB421,5,4 19.33 (1) An elected elective official is the legal custodian of his or her records and the records of his or her office, but the official may designate an employee of his or her staff to act as the legal custodian.

SB421,5,6 (2) The chairperson of a committee of elected elective officials, or the designee of the chairperson, is the legal custodian of the records of the committee.

SB421,5,9 (3) The cochairpersons of a joint committee of elected elective officials, or the designee of the cochairpersons, are the legal custodians of the records of the joint committee.

SB421,5,14 (8) No elected elective official of a legislative body has a duty to act as or designate a legal custodian under sub. (4) for the records of any committee of the body unless the official is the highest ranking officer or chief administrative officer of the committee or is designated the legal custodian of the committee's records by rule or by 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.

SB421,8 Section 8. 19.34 (title) of the statutes is amended to read:

SB421,5,16 19.34 (title) Procedural information; access times and locations.

Note: Expands title to reflect the complete content of s. 19.34, stats.

SB421,9 Section 9. 19.35 (1) (am) (intro.) of the statutes is amended to read:

SB421,6,3 19.35 (1) (am) (intro.) In addition to any right under par. (a), any requester who is an individual or person authorized by the individual, has a right to inspect any personally identifiable information pertaining to the individual in a record containing personally identifiable information pertaining to the individual that is maintained by an authority and to make or receive a copy of any such information. The right to inspect or copy information in a record under this paragraph does not apply 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.

SB421,10 Section 10. 19.35 (1) (b) of the statutes is amended to read:

SB421,6,10 19.35 (1) (b) Except as otherwise provided by law, any requester has a right to inspect a record and to make or receive a copy of a record. If a requester appears personally to request a copy of a record that permits photocopying copying, the authority having custody of the record may, at its option, permit the requester to photocopy copy the record or provide the requester with a copy substantially as readable 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.

SB421,11 Section 11. 19.35 (1) (c) of the statutes is amended to read:

SB421,6,16 19.35 (1) (c) Except as otherwise provided by law, any requester has a right to receive from an authority having custody of a record which is in the form of a comprehensible audio tape recording a copy of the tape recording substantially as audible as the original. The authority may instead provide a transcript of the recording 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.

SB421,12 Section 12. 19.35 (1) (d) of the statutes is amended to read:

SB421,6,20 19.35 (1) (d) Except as otherwise provided by law, any requester has a right to receive from an authority having custody of a record which is in the form of a video tape 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.

SB421,13 Section 13 . 19.35 (6) of the statutes is amended to read:

SB421,7,4 19.35 (6) Elected Elective official responsibilities. No elected elective official is responsible for the record of any other elected elective official unless he or she 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.

SB421,14 Section 14. 19.36 (7) (a) of the statutes is renumbered 19.36 (7) (a) 1. (intro.) and amended to read:

SB421,7,10 19.36 (7) (a) 1. (intro.) In this section subsection, "final candidate" means each applicant for a position who is seriously considered for appointment or whose name is certified for appointment, and whose name is submitted for final consideration to an authority for appointment, to any of the following:

SB421,7,11 a. A state position, except a position in the classified service, or to any.

SB421,7,12 b. A local public office.

SB421,7,13 2. "Final candidate" includes, whenever all of the following:

SB421,7,16 a. Whenever there are at least 5 candidates applicants for an office or position, each of the 5 candidates applicants who are considered the most qualified for the office or position by an authority, and whenever.

SB421,7,18 b. Whenever there are less fewer than 5 candidates applicants for an office or position, each such candidate applicant.

SB421,7,21 c. Whenever an appointment is to be made from a group of more than 5 candidates, "final candidate" also includes applicants considered the most qualified for 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.

SB421,15 Section 15. 19.36 (13) of the statutes is amended to read:

SB421,8,6 19.36 (13) Financial identifying information. An authority shall not provide access to personally identifiable data information that contains an individual's account or customer number with a financial institution, as defined in s. 134.97 (1) (b), including credit card numbers, debit card numbers, checking account numbers, or 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.

SB421,16 Section 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.

SB421,8,8 (End)