LRB-4284/1
JTK&RLR:nwn:rs
2009 - 2010 LEGISLATURE
March 2, 2010 - Introduced by Senators Lehman, Hansen, Olsen and Taylor,
cosponsored by Representatives
Bies, Hraychuck, Brooks, Clark, Kestell,
Mursau, Nerison, A. Ott, Petrowski, Schneider, Townsend, Zigmunt and
Turner. Referred to Committee on Rural Issues, Biofuels, and Information
Technology.
SB573,1,2
1An Act to create 19.35 (7) of the statutes;
relating to: public access to certain
2shared law enforcement records.
Analysis by the Legislative Reference Bureau
Currently, state and 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 local governmental unit whose primary function is
information storage, information technology processing, or other information
technology usage (information technology unit) receives a request for access to
information in a law enforcement record, the information technology unit must deny
any portion of the request that relates to information in a law enforcement record.
Under the bill, for purposes of access to public records, the information technology
unit is not considered to be the custodian of the law enforcement record. For purposes
of such access, the custodian is the local governmental unit for which the record is
stored, processed, or otherwise used. The bill defines a law enforcement record as
any record that is created or received by a law enforcement agency relating to an
investigation conducted by a law enforcement agency or a request for a law
enforcement agency to provide law enforcement services.
The bill also provides that if the state Office of Justice Assistance (OJA) receives
law enforcement investigative information from a law enforcement agency, OJA and
any other law enforcement agency with which OJA shares the information are not
considered to be the custodians of any record or portion of a record containing that
information. For purposes of requests for access to the shared information, the bill
provides that the law enforcement agency that provided the information to OJA is
considered to be the custodian of all records or portions of records containing that
information and the bill directs OJA and any other law enforcement agency with
which OJA shares the information to deny access to any record or portion of a record
containing that information.
No similar provisions exist currently.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB573, s. 1
1Section
1. 16.964 (18) of the statutes is created to read:
SB573,2,22
16.964
(18) (a) In this subsection:
SB573,2,33
1. "Law enforcement agency" has the meaning given in s. 165.83 (1) (b) or (e).
SB573,2,84
2. "Law enforcement investigation information" means information that is
5collected by the office under sub. (1m) consisting of arrest reports, incident reports,
6and other information relating to persons suspected of committing crimes that was
7created by a law enforcement agency and provided to the office by that agency for the
8purpose of sharing with other law enforcement agencies and prosecutors.
SB573,3,29
(b) For purposes of requests for access to records under s. 19.35 (1), if the office
10has custody of a record containing law enforcement investigation information, the
11office and any other law enforcement agency with which the office shares the
12information contained in the record are not the legal custodians of the record as it
13relates to that information. For such purposes, the legal custodian of the record is
14the law enforcement agency that provides the law enforcement investigation
15information to the office. If the office or any other law enforcement agency receives
16a request under s. 19.35 (1) for access to information in such a record, the office or
1the other law enforcement agency shall deny any portion of the request that relates
2to law enforcement investigation information.
SB573, s. 2
3Section
2. 19.35 (7) of the statutes is created to read:
SB573,3,54
19.35
(7) Local information technology authority responsibility for law
5enforcement records. (a) In this subsection:
SB573,3,66
1. "Law enforcement agency" has the meaning given s. 165.83 (1) (b).
SB573,3,107
2. "Law enforcement record" means a record that is created or received by a law
8enforcement agency and that relates to an investigation conducted by a law
9enforcement agency or a request for a law enforcement agency to provide law
10enforcement services.
SB573,3,1311
3. "Local information technology authority" means a local public office or local
12governmental unit whose primary function is information storage, information
13technology processing, or other information technology usage.
SB573,3,1914
(b) For purposes of requests for access to records under sub. (1), a local
15information technology authority that has custody of a law enforcement record for
16the primary purpose of information storage, information technology processing, or
17other information technology usage is not the legal custodian of the record. For such
18purposes, the legal custodian of a law enforcement record is the authority for which
19the record is stored, processed, or otherwise used.
SB573,3,2220
(c) A local information technology authority that receives a request under sub.
21(1) for access to information in a law enforcement record shall deny any portion of the
22request that relates to information in a local law enforcement record.
