LRB-1146/2
JTK:lmk:rs
2007 - 2008 LEGISLATURE
October 4, 2007 - Introduced by Representatives Bies, Albers, Hahn, Mursau,
Owens, Petrowski and
Townsend, cosponsored by Senators Lehman, Lassa
and Olsen. Referred to Committee on Judiciary and Ethics.
AB522,1,4
1An Act to renumber and amend 19.32 (2); and
to create 19.32 (2) (b) and 19.35
2(7) of the statutes;
relating to: access to local law enforcement service requests
3and investigative records in multiple custodianship and redirection of certain
4records access requests.
Analysis by the Legislative Reference Bureau
Currently, local governmental records are available for public inspection and
copying except as specifically authorized or required by law, and except that if the
custodian of a record demonstrates that the public interest in withholding access to
information contained in a record outweighs the public interest in providing access
to that information, access may be denied. Applying this test, the courts have
permitted access to some law enforcement investigative records to be denied. In
addition, under current law, law enforcement investigative records are exempted
from the right of access whenever federal law or regulations so require or as a
condition to receipt of aids by this state so require.
This bill provides that if a record that relates to a request to provide service or
a law enforcement investigation by a local law enforcement officer or agency is in the
custody of a local government officer or agency, and an officer or agency that
performed the service or conducted the investigation also has custody of the record,
the record may only be requested or obtained from an officer or agency that
performed the service or conducted the investigation.
The bill also provides that if a local government officer or agency has custody
of material relating to a request to provide service or a law enforcement investigation
by a local law enforcement officer or agency solely for the purpose of information
technology storage or processing, and the officer or agency receives a request to
inspect to copy the material, the officer or agency shall transmit the request to the
officer or agency that performed the service or conducted the investigation, or if more
than one officer or agency performed the service or conducted the investigation, to
each such officer or agency. If the material is in the custody of that officer or agency,
that officer or agency must then respond to the request. Currently, there is no similar
requirement.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB522, s. 1
1Section
1. 19.32 (2) of the statutes is renumbered 19.32 (2) (a) and amended
2to read:
AB522,2,153
19.32
(2) (a)
"Record" Except as provided in par. (b), "record" means any
4material on which written, drawn, printed, spoken, visual or electromagnetic
5information is recorded or preserved, regardless of physical form or characteristics,
6which has been created or is being kept by an authority. "Record" includes, but is not
7limited to, handwritten, typed or printed pages, maps, charts, photographs, films,
8recordings, tapes (including computer tapes), computer printouts and optical disks.
9"Record" does not include drafts, notes, preliminary computations and like materials
10prepared for the originator's personal use or prepared by the originator in the name
11of a person for whom the originator is working; materials which are purely the
12personal property of the custodian and have no relation to his or her office; materials
13to which access is limited by copyright, patent or bequest; and published materials
14in the possession of an authority other than a public library which are available for
15sale, or which are available for inspection at a public library.
AB522, s. 2
16Section
2. 19.32 (2) (b) of the statutes is created to read:
AB522,3,517
19.32
(2) (b) If material that relates to a request to provide service or a law
18enforcement investigation by a law enforcement agency, as defined in s. 165.83 (1)
1(b), other than a state officer or agency, is in the custody of an authority other than
2a state authority, as defined in s. 19.62 (8), and an authority that performed the
3service or conducted the investigation also has custody of the material, the material
4is a "record" only if it is in the custody of an authority that performed the service or
5conducted the investigation.
AB522, s. 3
6Section
3. 19.35 (7) of the statutes is created to read:
AB522,3,157
19.35
(7) Local law enforcement service request or investigative material.
8If an authority other than a state authority, as defined s. 19.62 (8), has custody of
9material relating to a request to provide service or a law enforcement investigation
10solely for the purpose of information technology storage or processing, and the
11authority receives a request to inspect or copy the material, the authority shall
12transmit the request to the authority that performed the service or conducted the
13investigation or if more than one authority performed the service or conducted the
14investigation, to each such authority. If the material is a record that is in the custody
15of the authority that receives the request, that authority shall respond to the request.
