AB118: Bill Text

LRB-2101/1

MPG:skw

2023 - 2024 LEGISLATURE

2023 Assembly BILL 118

March 24, 2023 - Introduced by Representatives Nedweski, C. Anderson, J. Anderson, Considine, Dittrich, Donovan, Edming, Emerson, Joers, Kitchens, Murphy, Mursau, Ortiz-Velez, Rettinger, Sinicki, Spiros, Stubbs, Subeck and Tusler, cosponsored by Senators Wanggaard, Cowles, Felzkowski, James, Marklein and Spreitzer. Referred to Committee on Government Accountability and Oversight.

AB118,1,2 An Act to amend 19.36 (8) (b) and 59.20 (3) (a) of the statutes; relating to: public records identifying confidential law enforcement informants.

Analysis by the Legislative Reference Bureau

Current law prohibits a law enforcement agency from disclosing records or parts of records in response to a public records request that, if disclosed, would identify a confidential informant of a law enforcement agency. Current law provides an exception to that nondisclosure requirement if the records custodian determines that the public interest in disclosing the record outweighs the harm done to the public interest by providing access to the record.

This bill extends that nondisclosure requirement concerning the personally identifiable information of confidential law enforcement informants to records or parts of records maintained by any official or body subject to the public records law, not just law enforcement agencies.

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

AB118,1 Section 1. 19.36 (8) (b) of the statutes is amended to read:

AB118,2,9 19.36 (8) (b) If an authority that is a law enforcement agency receives a request to inspect or copy a record or portion of a record under s. 19.35 (1) (a) that contains specific information including but not limited to a name, address, telephone number, voice recording, or handwriting sample which that, if disclosed, would identify an informant, the authority shall delete the portion of the record in which the information is contained or, if no portion of the record can be inspected or copied without identifying the informant, shall withhold the record unless the legal custodian of the record, designated under s. 19.33, makes a determination, at the time that the request is made, that the public interest in allowing a person to inspect, copy or receive a copy of such identifying information outweighs the harm done to the public interest by providing such access.

AB118,2 Section 2. 59.20 (3) (a) of the statutes is amended to read:

AB118,2,22 59.20 (3) (a) Every sheriff, clerk of the circuit court, register of deeds, treasurer, comptroller, register of probate, clerk, and county surveyor shall keep his or her office at the county seat in the offices provided by the county or by special provision of law; or if there is none, then at such place as the board directs. The board may also require any elective or appointive county official to keep his or her office at the county seat in an office to be provided by the county. All such officers shall keep their offices open during the usual business hours of any day except Sunday, as the board directs. With proper care, the officers shall open to the examination of any person all books and papers required to be kept in his or her office and permit any person so examining to take notes and copies of such books, records, papers, or minutes therefrom except as authorized in par. (c) and ss. 19.36 (8), (10) , and (11) and 19.59 (3) (d) or under ch. 69.

AB118,3 Section 3. Initial applicability.

AB118,3,2 (1) This act first applies to a public records request pending with an authority on the effective date of this subsection.

AB118,3,3 (End)