December 10, 2013 - Introduced by Law Revision Committee. Referred to
Committee on Judiciary and Labor.
SB421,1,6 1An Act to renumber 19.365; to renumber and amend 19.36 (7) (a); to amend
219.32 (intro.), 19.32 (1), 19.32 (1m), 19.32 (2), 19.33 (1) to (3) and (8), 19.34
3(title), 19.35 (1) (am) (intro.), 19.35 (1) (b), 19.35 (1) (c), 19.35 (1) (d), 19.35 (6)
4and 19.36 (13); and to create 19.32 (1bd) and 19.32 (3m) of the statutes;
5relating to: access to public records (suggested as remedial legislation by the
6Legislative Reference Bureau).
Analysis by the Legislative Reference Bureau
This bill makes various changes to the public records access law. The bill:
1. Defines and specifically covers all special purpose districts under the law.
Currently, the law specifically enumerates only local exposition and long-term care
districts but other language specifically applies the law to cover every state or local
"agency" and also every "public body corporate and politic," which likely covers
special purpose districts.
2. Modifies the definition of "record," which includes electronically stored
records, to substitute general language for current language referencing specific
formats and to eliminate references that are obsolete and already covered by other
language in the definition.
3. Applies the law to every elective official who is a custodian of records
regardless of whether the official was elected to an office or appointed to fill a vacancy
in an office.

4. Modifies the law that permits an individual to have access to a record
containing certain personally identifiable information that pertains to more than
one individual so that an individual only has access under the law to personally
identifiable information pertaining to himself or herself.
5. Modifies the term "person authorized by the individual," which is used to
allow an individual to act on another's behalf in accessing and petitioning for
correction of certain personally identifiable information related to the individual, so
that it applies to any person who is authorized in writing to act on behalf of an
individual and is not limited to a person exercising rights. The revised language
more clearly covers a person exercising a durable power of attorney.
6. Substitutes the term "copying" for "photocopying" to allow for other forms of
copying in a provision that addresses photocopying of records, and removes
references to "tapes" in provisions that address copying audio and video recordings,
in order to recognize other modes of copying audio and video material.
7. Reorganizes and makes other changes to a provision addressing access to the
names of final candidates for positions to improve clarity and readability.
The bill also standardizes certain word usage to conform to defined terminology,
renumbers a provision to a better location near related provisions, and corrects a title
for accuracy.
For further information, see the Notes provided by the Law Revision
Committee of the Joint Legislative Council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law Revision Committee prefatory note: This bill is a remedial legislation
proposal, requested by the Legislative Reference Bureau and introduced by the Law
Revision Committee under s. 13.83 (1) (c) 4. and 5., stats. After careful consideration of
the various provisions of the bill, the Law Revision Committee has determined that this
bill makes minor substantive changes in the statutes, and that these changes are
desirable as a matter of public policy.
SB421,1 1Section 1 . 19.32 (intro.) of the statutes is amended to read:
SB421,2,2 219.32 Definitions. (intro.) As used in ss. 19.33 19.32 to 19.39:
Note: Expands the application of s. 19.32, stats. (definitions), to apply to itself so
that the definition proposed in Section 6 (special purpose district) will apply to s. 19.32
(1), stats. (definition of "authority").
SB421,2 3Section 2 . 19.32 (1) of the statutes is amended to read:
SB421,3,84 19.32 (1) "Authority" means any of the following having custody of a record: a
5state or local office, elected elective official, agency, board, commission, committee,
6council, department or public body corporate and politic created by the constitution,

1or by any law, ordinance, rule or order; a governmental or quasi-governmental
2corporation except for the Bradley center sports and entertainment corporation; a
3local exposition district under subch. II of ch. 229; a long-term care district under s.
446.2895
special purpose district; any court of law; the assembly or senate; a nonprofit
5corporation which receives more than 50% of its funds from a county or a
6municipality, as defined in s. 59.001 (3), and which provides services related to public
7health or safety to the county or municipality; or a formally constituted subunit of
8any of the foregoing.
Note: 1. Covers under the law any person who holds an elective office even if the
person was appointed to fill a vacancy in that office.
2. Clarifies that all special purpose districts are covered entities, not just local
exposition and long-term care districts. Examples of special purpose districts include
school districts, technical college districts, metropolitan sewerage districts, town
sanitary districts, and public inland lake protection and rehabilitation districts. It has
long been accepted that these entities are covered under the public records access law.
The current reference to two specific special purpose districts implies that other special
purpose districts are not covered. Special purpose districts are generally governed by
boards and commissions that are currently covered, and the entities themselves are
probably currently covered as agencies or public bodies corporate and politic. See also
Section 6 below.
SB421,3 9Section 3. 19.32 (1bd) of the statutes is created to read:
SB421,3,1110 19.32 (1bd) "Elective official" means an individual who holds an office that is
11regularly filled by vote of the people.
Note: Creates a definition of "elective official," which is used in Sections 2 , 7, and
13.
SB421,4 12Section 4. 19.32 (1m) of the statutes is amended to read:
SB421,3,1813 19.32 (1m) "Person authorized by the individual" means the parent, guardian,
14as defined in s. 48.02 (8), or legal custodian, as defined in s. 48.02 (11), of a an
15individual who is a
child, as defined in s. 48.02 (2), ; the guardian of an individual
16adjudicated incompetent in this state,; the personal representative or spouse of an
17individual who is deceased,; or any person authorized, in writing, by the an
18individual to exercise the rights granted under this section act on his or her behalf.

Note: 1. Standardizes word usage in this definition.
2. Clarifies that a "person authorized by the individual" is not limited to persons
acting in situations involving a "right," but can include any person authorized in writing
to act on behalf of another.
3. Removes erroneous reference to "this section" (the definition section).
SB421,5 1Section 5. 19.32 (2) of the statutes is amended to read:
SB421,4,152 19.32 (2) "Record" means any material on which written, drawn, printed,
3spoken, visual, or electromagnetic information or electronically generated or stored
4data
is recorded or preserved, regardless of physical form or characteristics, which
5has been created or is being kept by an authority. "Record" includes, but is not limited
6to, handwritten, typed or printed pages, maps, charts, photographs, films,
7recordings, tapes (including computer tapes), computer printouts and, optical disks,
8and any other medium on which electronically generated or stored data is recorded
9or preserved
. "Record" does not include drafts, notes, preliminary computations and
10like materials prepared for the originator's personal use or prepared by the
11originator in the name of a person for whom the originator is working; materials
12which are purely the personal property of the custodian and have no relation to his
13or her office; materials to which access is limited by copyright, patent or bequest; and
14published materials in the possession of an authority other than a public library
15which are available for sale, or which are available for inspection at a public library.
Note: Deletes a reference in the definition of "record" to computer tapes and
printouts and substitutes a more general reference to "electronically generated or stored
data" in order to explicitly capture other current and possible future formats.
SB421,6 16Section 6 . 19.32 (3m) of the statutes is created to read:
SB421,4,2017 19.32 (3m) "Special purpose district" means a district, other than a state
18governmental unit or a county, city, village, or town, that is created to perform a
19particular function and whose geographic jurisdiction is limited to some portion of
20this state.

Note: Creates a definition of "special purpose district," which is used in Section
2. The definition is designed to capture all nonstate governmental districts, except
counties, cities, villages, and towns, that are created to perform a particular function and
whose geographic jurisdiction is limited to some portion of this state.
SB421,7 1Section 7 . 19.33 (1) to (3) and (8) of the statutes are amended to read:
SB421,5,42 19.33 (1) An elected elective official is the legal custodian of his or her records
3and the records of his or her office, but the official may designate an employee of his
4or her staff to act as the legal custodian.
SB421,5,6 5(2) The chairperson of a committee of elected elective officials, or the designee
6of the chairperson, is the legal custodian of the records of the committee.
SB421,5,9 7(3) The cochairpersons of a joint committee of elected elective officials, or the
8designee of the cochairpersons, are the legal custodians of the records of the joint
9committee.
SB421,5,14 10(8) No elected elective official of a legislative body has a duty to act as or
11designate a legal custodian under sub. (4) for the records of any committee of the body
12unless the official is the highest ranking officer or chief administrative officer of the
13committee or is designated the legal custodian of the committee's records by rule or
14by 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 15Section 8. 19.34 (title) of the statutes is amended to read:
SB421,5,16 1619.34 (title) Procedural information; access times and locations.
Note: Expands title to reflect the complete content of s. 19.34, stats.
SB421,9 17Section 9. 19.35 (1) (am) (intro.) of the statutes is amended to read:
SB421,6,318 19.35 (1) (am) (intro.) In addition to any right under par. (a), any requester who
19is an individual or person authorized by the individual, has a right to inspect any
20personally identifiable information pertaining to the individual in a record
21containing personally identifiable information pertaining to the individual that is

1maintained by an authority and to make or receive a copy of any such information.
2The right to inspect or copy information in a record under this paragraph does not
3apply 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 4Section 10. 19.35 (1) (b) of the statutes is amended to read:
SB421,6,105 19.35 (1) (b) Except as otherwise provided by law, any requester has a right to
6inspect a record and to make or receive a copy of a record. If a requester appears
7personally to request a copy of a record that permits photocopying copying, the
8authority having custody of the record may, at its option, permit the requester to
9photocopy copy the record or provide the requester with a copy substantially as
10readable 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 11Section 11. 19.35 (1) (c) of the statutes is amended to read:
SB421,6,1612 19.35 (1) (c) Except as otherwise provided by law, any requester has a right to
13receive from an authority having custody of a record which is in the form of a
14comprehensible audio tape recording a copy of the tape recording substantially as
15audible as the original. The authority may instead provide a transcript of the
16recording 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 17Section 12. 19.35 (1) (d) of the statutes is amended to read:
SB421,6,2018 19.35 (1) (d) Except as otherwise provided by law, any requester has a right to
19receive from an authority having custody of a record which is in the form of a video
20tape 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 1Section 13 . 19.35 (6) of the statutes is amended to read:
SB421,7,42 19.35 (6) Elected Elective official responsibilities. No elected elective
3official is responsible for the record of any other elected elective official unless he or
4she 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 5Section 14. 19.36 (7) (a) of the statutes is renumbered 19.36 (7) (a) 1. (intro.)
6and amended to read:
SB421,7,107 19.36 (7) (a) 1. (intro.) In this section subsection, "final candidate" means each
8applicant for a position who is seriously considered for appointment or whose name
9is certified for appointment, and whose name is submitted for final consideration to
10an authority for appointment, to any of the following:
SB421,7,11 11a. A state position, except a position in the classified service, or to any.
SB421,7,12 12b. A local public office.
SB421,7,13 132. "Final candidate" includes, whenever all of the following:
SB421,7,16 14a. Whenever there are at least 5 candidates applicants for an office or position,
15each of the 5 candidates applicants who are considered the most qualified for the
16office or position by an authority, and whenever.
SB421,7,18 17b. Whenever there are less fewer than 5 candidates applicants for an office or
18position, each such candidate applicant.
SB421,7,21 19c. Whenever an appointment is to be made from a group of more than 5
20candidates, "final candidate" also includes applicants considered the most qualified
21for 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 1Section 15. 19.36 (13) of the statutes is amended to read:
SB421,8,62 19.36 (13) Financial identifying information. An authority shall not provide
3access to personally identifiable data information that contains an individual's
4account or customer number with a financial institution, as defined in s. 134.97 (1)
5(b), including credit card numbers, debit card numbers, checking account numbers,
6or 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 7Section 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.
SB421,8,88 (End)
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