LRBs0299/2
MDK:kjf&cjs:pg
2007 - 2008 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2007 ASSEMBLY BILL 728
February 26, 2008 - Offered by
Committee on Homeland Security and State
Preparedness.
AB728-ASA1,1,2
1An Act to amend 19.37 (1m); and
to create 19.36 (14) of the statutes;
relating
2to: withholding sensitive utility information from public inspection.
Analysis by the Legislative Reference Bureau
Under current law, with certain exceptions, a state or local governmental entity
is required to permit a requester to inspect records created or kept by the entity. This
substitute amendment creates another exception for any portion of a record
containing information regarding the plant, equipment, or operations of a utility
that is so vital to the state that the incapacity or destruction of the plant or
equipment, or the disruption of the operations, would have a debilitating impact on
the physical or economic security of the state or on public health, safety, or welfare.
The substitute amendment defines "utility" as any person that generates, transmits,
or distributes electricity, transports or distributes natural gas, operates a public
water system, or provides telecommunications or sewer service.
The substitute amendment allows the Public Service Commission (PSC) to
review determinations by other state and local governmental entities to withhold
access to any portion of a record under the substitute amendment. If a state or local
governmental entity denies a requester access to a portion of a record under the
substitute amendment, the requester may, no later than five business days after the
denial, make a written request to the PSC to review the denial. The requester must
include with its request for PSC review a copy of any written statement provided by
the state or local governmental entity explaining the reasons for the denial. No later
than ten business days after receiving a request, the PSC must complete its review
and notify both the requester and the state or local governmental authority in
writing of the PSC's determination. If the PSC determines that the state or local
governmental authority may not withhold access to the portion of the record under
the substitute amendment, the state or local governmental authority must, no later
than five business days after receiving notification of the PSC's determination, allow
the requester access to the portion.
The substitute amendment also extends a deadline that applies to incarcerated
and committed persons for bringing an action for mandamus regarding a state or
local governmental entity's withholding of access to records. The extension applies
only if the PSC reviews a state or local governmental determination under the
substitute amendment.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB728-ASA1,2,52
19.36
(14) Sensitive utility information. (a) In this subsection, "utility" means
3a person that generates, transmits, or distributes electricity, transports or
4distributes natural gas, operates a public water system, or provides
5telecommunications or sewer service.
AB728-ASA1,2,106
(b) 1. Subject to subd. 2., an authority may withhold access to any portion of
7a record that contains information regarding the plant, equipment, or operations of
8a utility that is so vital to the state that the incapacity or destruction of the plant or
9equipment, or the disruption of the operations, would have a debilitating impact on
10the physical or economic security of the state or on public health, safety, or welfare.
AB728-ASA1,3,811
2. If an authority, other than the public service commission, determines to
12withhold access to any portion of a record under subd. 1., the requester may, no later
13than 5 business days after the authority notifies the requester of the authority's
14determination, request in writing that the public service commission review the
15authority's determination. A requester shall include with such a request a copy of
1the written statement, if any, provided to the requester by the authority under s.
219.35 (4) (b). No later than 10 business days after receiving a written request, the
3public service commission shall complete its review and notify the authority and the
4requester in writing of the public service commission's determination regarding
5whether access to the portion may be withheld under subd. 1. If the public service
6commission determines that access to the portion may not be withheld under subd.
71., the authority shall, no later than 5 business days after receiving the public service
8commission's determination, allow the requester access to the portion.
AB728-ASA1,3,1710
19.37
(1m) Time for commencing action. No action for mandamus under sub.
11(1) to challenge the denial of a request for access to a record or part of a record may
12be commenced by any committed or incarcerated person later than 90 days after the
13date that the request is denied by the authority having custody of the record or part
14of the record
or, if the public service commission has notified the committed or
15incarcerated person under s. 19.36 (14) (b) 2. that the commission has determined
16that any portion of a record may be withheld under s. 19.36 (14) (b) 1., later than 90
17days after the date that the person receives the commission's determination.
