Marathon County Public Library

ITEM NUMBER: 3.07 a-k

CHAPTER 3: Wisconsin Statutes

CODE: Information

COMPUTER ID: WS-7



_______________________________________________________________________________

Title: Open Records Law: Bronson LaFollette, Attorney General Opinion 6-2-83

Interpretations of

Effective Date: 6-2-83

Authorized By: State of Wisconsin

Date of Last Revision: 10/2007

_______________________________________________________________________________



Wisconsin Open Records Law

Wis. Stat. § 19.31-19.39 (2003)

19.31. Declaration of policy.

In recognition of the fact that a representative government is dependent
upon an informed

electorate, it is declared to be the public policy of this state that al
l persons are entitled to the

greatest possible information regarding the affairs of government and th
e official acts of those

officers and employees who represent them. Further, providing persons with such information is

declared to be an essential function of a representative government and
an integral part of the

routine duties of officers and employees whose responsibility it is to p
rovide such information.

To that end, § 19.32 to 19.37 shall be construed in every instance wi
th a presumption of

complete public access, consistent with the conduct of governmental busi
ness. The denial of

public access generally is contrary to the public interest, and only in
an exceptional case may

access be denied.



19.32. Definitions.



As used in ss. 19.33 to 19.39:



(1) "Authority" means any of the following having custody of a record:
a state or local office,

elected official, agency, board, commission, committee, council, departm
ent or public body

corporate and politic created by constitution, law, ordinance, rule or o
rder; a governmental or

quasi-governmental corporation except for the Bradley center sports and entertainment

corporation; a local exposition district under subch. II of ch. 229; a f
amily care district under s.

46.2895; any court of law; the assembly or senate; a nonprofit corporati
on which receives more

than 50% of its funds from a county or a municipality, as defined in s.
59.001 (3), and which

provides services related to public health or safety to the county or mu
nicipality; a nonprofit

corporation operating the Olympic ice training center under s. 42.11 (3
); or a formally constituted

subunit of any of the foregoing.



(1b) "Committed person" means a person who is committed under ch. 51,
971, 975 or 980 and

who is placed in an inpatient treatment facility, during the period that
the persons placement in

the inpatient treatment facility continues.





ITEM NUMER: 3.07 b



(1bg) "Employee" means any individual who

is employed by an authority, other than an

individual holding local public office or a state public office, or any
individual who is employed by

an employer other than an authority.



(1c) "Incarcerated person" means a person who is incarcerated in a pen
al facility or who is

placed on probation and given confinement under s. 973.09 (4) as a con
dition of placement,

during the period of confinement for which the person has been sentenced
.



(1d) "Inpatient treatment facility" means any of the following:

(a) A mental health institute, as defined in s. 51.01 (12)

(c) A facility or unit for the institutional care of sexually violent
persons specified under s.

980.065

(d) The Milwaukee County mental health complex established under s. 51
.08



(1de) "Local governmental unit" has the meaning given in s. 19.42 (7u
)



(1dm) "Local public office" has the meaning given in s. 19.42 (7w),
and also includes any

appointive office or position of a local governmental unit in which an i
ndividual serves as the

head of a department, agency, or division of the local governmental unit
, but does not include

any office or position filled by a municipal employee, as defined in s.
111.70 (1) (i)



(1e) "Penal facility" means a state prison under s. 302.01, county jai
l, county house of correction

or other state, county or municipal correctional or detention facility.



(1m) "Person authorized by the individual" means the parent, guardian,
as defined in s. 48.02

(8), or legal custodian, as defined in s. 48.02 (11), of a child, as
defined in s. 48.02 (2), the

guardian, as defined in s. 880.01 (3), of an individual adjudged incom
petent, as defined in s.

880.01 (4), the personal representative or spouse of an individual who
is deceased or any

person authorized, in writing, by the individual to exercise the rights
granted under this section.



(1r) "Personally identifiable information" has the meaning specified i
n s. 19.62 (5)



(2) "Record" means any material on which written, drawn, printed, spok
en, visual or

electromagnetic information is recorded or preserved, regardless of physical form or

characteristics, which has been created or is being kept by an authority
. "Record" includes, but

is not limited to, handwritten, typed or printed pages, maps, charts, photographs, films,

recordings, tapes (including computer tapes), computer printouts and o
ptical disks. "Record"

does not include drafts, notes, preliminary computations and like materi
als prepared for the

originators personal use or prepared by the originator in the name of a
person for whom the

originator is working; materials which are purely the personal property
of the custodian and have

no relation to his or her office; materials to which access is limited b
y copyright, patent or

bequest; and published materials in the possession of an authority other
than a public library

which are available for sale, or which are available for inspection at a
public library.



(2g) "Record subject" means an individual about whom personally identifiable information is

contained in a record.



(3) "Requester" means any person who requests inspection or copies of
a record, except a

committed or incarcerated person, unless the person requests inspection
or copies of a record

ITEM NUMBER: 3.07 c





that contains specific references to that person or his or her minor chi
ldren for whom he or she

has not been denied physical placement under ch. 767, and the record is
otherwise accessible

to the person by law.



(4) "State public office" has the meaning given in s. 19.42 (13), bu
t does not include a position

identified in s. 20.923 (6) (f) to (gm)



19.35. Access to records; fees.



(1) RIGHT TO INSPECTION.



(a) Except as otherwise provided by law, any requester has a right to
inspect any record.

Substantive common law principles construing the right to inspect, copy
or receive copies of

records shall remain in effect. The exemptions to the requirement of a governmental body to

meet in open session under s. 19.85 are indicative of public policy, but
may be used as grounds

for denying public access to a record only if the authority or legal cus
todian under s. 19.33

makes a specific demonstration that there is a need to restrict public a
ccess at the time that the

request to inspect or copy the record is made.

(am) In addition to any right under par. (a), any requester who is a
n individual or person

authorized by the individual, has a right to inspect any record containi
ng personally identifiable

information pertaining to the individual that is maintained by an author
ity and to make or receive

a copy of any such information. The right to inspect or copy a record un
der this paragraph does

not apply to any of the following:



1. Any record containing personally identifiable information that is col
lected or maintained in

connection with a complaint, investigation or other circumstances that m
ay lead to an

enforcement action, administrative proceeding,

arbitration proceeding or court proceeding, or

any such record that is collected or maintained in connection with such
an action or proceeding.



2. Any record containing personally identifiable information that, if di
sclosed, would do any of

the following:

a. Endanger an individuals life or safety.

b. Identify a confidential informant.

c. Endanger the security, including the security of the population or st
aff, of any state prison

under s. 302.01, jail, as defined in s. 165.85 (2) (bg), secured cor
rectional facility, as defined in

s. 938.02 (15m), secured child caring institution, as defined in s. 93
8.02 (15g), secured group

home, as defined in s. 938.02 (15p), mental health institute, as defin
ed in s. 51.01 (12), center

for the developmentally disabled, as defined in s. 51.01 (3), or facil
ity, specified under s.

980.065, for the institutional care of sexually violent persons.

d. Compromise the rehabilitation of a person in the custody of the depar
tment of corrections or

detained in a jail or facility identified in subd. 2. c.



3. Any record that is part of a records series, as defined in s. 19.62 (
7), that is not indexed,

arranged or automated in a way that the record can be retrieved by the a
uthority maintaining the

records series by use of an individuals name, address or other identifie
r.



(b) Except as otherwise provided by law, any requester has a right to
inspect a record and to

make or receive a copy of a record which appears in written form. If a r
equester appears

ITEM NUMBER: 3.07 d





personally to request a copy of a record, the authority having custody o
f the record may, at its

option, permit the requester to photocopy the record or provide the requ
ester with a copy

substantially as readable as the original.



(c) Except as otherwise provided by law, any requester has a right to receive from an authority

having custody of a record which is in the form of a comprehensible audi
o tape recording a copy

of the tape recording substantially as audible as the original. The auth
ority may instead provide

a transcript of the recording to the requester if he or she requests.



(d) Except as otherwise provided by law, any requester has a right to receive from an authority

having custody of a record which is in the form of a video tape recordin
g a copy of the tape

recording substantially as good as the original.



(e) Except as otherwise provided by law, any requester has a right to receive from an authority

having custody of a record which is not in a readily comprehensible form a copy of the

information contained in the record assembled and reduced to written for
m on paper.



(em) If an authority receives a request to inspect or copy a record th
at is in handwritten form or

a record that is in the form of a voice recording which the authority is
required to withhold or

from which the authority is required to delete information under s. 19.3
6 (8) (b) because the

handwriting or the recorded voice would identify an informant, the autho
rity shall provide to the

requester, upon his or her request, a transcript of the record or the in
formation contained in the

record if the record or information is otherwise subject to public inspe
ction and copying under

this subsection.



(f) Except as otherwise provided by law, any requester has a right to
inspect any record not

specified in pars. (b) to (e) the form of which does not permit copy
ing. If a requester requests

permission to photograph the record, the authority having custody of the
record may permit the

requester to photograph the record. If a requester requests that a photo
graph of the record be

provided, the authority shall provide a good quality photograph of the r
ecord.



(g) Paragraphs (a) to (c), (e) and (f) do not apply to a recor
d which has been or will be promptly

published with copies offered for sale or distribution.



(h) A request under pars. (a) to (f) is deemed sufficient if it re
asonably describes the requested

record or the information requested. However, a request for a record wit
hout a reasonable

limitation as to subject matter or length of time represented by the rec
ord does not constitute a

sufficient request. A request may be made orally, but a request must be
in writing before an

action to enforce the request is commenced under s. 19.37



(i) Except as authorized under this paragraph, no request under pars.
(a) and (b) to (f) may be

refused because the person making the request is unwilling to be identif
ied or to state the

purpose of the request. Except as authorized under this paragraph, no re
quest under pars. (a)

to (f) may be refused because the request is received by mail, unless
prepayment of a fee is

required under sub. (3) (f) A requester may be required to show acce
ptable identification

whenever the requested record is kept at a private residence or whenever security reasons or

federal law or regulations so require.



ITEM NUMBER: 3.07 e





(j) Notwithstanding pars. (a) to (f), a requester shall comply wit
h any regulations or restrictions

upon access to or use of information which are specifically prescribed b
y law.



(k) Notwithstanding pars. (a), (am), (b) and (f), a legal cust
odian may impose reasonable

restrictions on the manner of access to an original record if the record
is irreplaceable or easily

damaged.



(L) Except as necessary to comply with pars. (c) to (e) or s. 19.3
6 (6), this subsection does not

require an authority to create a new record by extracting information from existing records and

compiling the information in a new format.



(2) FACILITIES. The authority shall provide any person who is authoriz
ed to inspect or copy a

record under sub. (1) (a), (am), (b) or (f) with facilities co
mparable to those used by its

employees to inspect, copy and abstract the record during established of
fice hours. An authority

is not required by this subsection to purchase or lease photocopying, du
plicating, photographic

or other equipment or to provide a separate room for the inspection, copying or abstracting of

records.



(3) FEES.



(a) An authority may impose a fee upon the requester of a copy of a re
cord which may not

exceed the actual, necessary and direct cost of reproduction and transcr
iption of the record,

unless a fee is otherwise specifically established or authorized to be e
stablished by law.



(b) Except as otherwise provided by law or as authorized to be prescri
bed by law an authority

may impose a fee upon the requester of a copy of a record that does not
exceed the actual,

necessary and direct cost of photographing and photographic processing i
f the authority

provides a photograph of a record, the form of which does not permit cop
ying.



(c) Except as otherwise provided by law or as authorized to be prescri
bed by law, an authority

may impose a fee upon a requester for locating a record, not exceeding t
he actual, necessary

and direct cost of location, if the cost is $ 50 or more.



(d) An authority may impose a fee upon a requester for the actual, nec
essary and direct cost of

mailing or shipping of any copy or photograph of a record which is maile
d or shipped to the

requester.



(e) An authority may provide copies of a record without charge or at a
reduced charge where

the authority determines that waiver or reduction of the fee is in the p
ublic interest.



(f) An authority may require prepayment by a requester of any fee or f
ees imposed under this

subsection if the total amount exceeds $ 5. If the requester is a prison
er, as defined in s. 301.01

(2), or is a person confined in a federal correctional institution loc
ated in this state, and he or

she has failed to pay any fee that was imposed by the authority for a request made previously

by that requester, the authority may require prepayment both of the amou
nt owed for the

previous request and the amount owed for the current request.



ITEM NUMBER: 3.07 f





(4) TIME FOR COMPLIANCE AND PROCEDURES.



(a) Each authority, upon request for any record, shall, as soon as pra
cticable and without delay,

either fill the request or notify the requester of the authoritys determ
ination to deny the request

in whole or in part and the reasons therefor.



(b) If a request is made orally, the authority may deny the request or
ally unless a demand for a

written statement of the reasons denying the request is made by the requ
ester within 5 business

days of the oral denial. If an authority denies a written request in who
le or in part, the requester

shall receive from the authority a written statement of the reasons for
denying the written

request. Every written denial of a request by an authority shall inform
the requester that if the

request for the record was made in writing, then the determination is su
bject to review by

mandamus under s. 19.37 (1) or upon application to the attorney genera
l or a district attorney.



(c) If an authority receives a request under sub. (1) (a) or (am)
from an individual or person

authorized by the individual who identifies himself or herself and state
s that the purpose of the

request is to inspect or copy a record containing personally identifiabl
e information pertaining to

the individual that is maintained by the authority, the authority shall
deny or grant the request in

accordance with the following procedure:



1. The authority shall first determine if the requester has a right to i
nspect or copy the record

under sub. (1) (a)

2. If the authority determines that the requester has a right to inspect
or copy the record under

sub. (1) (a), the authority shall grant the request.

3. If the authority determines that the requester does not have a right
to inspect or copy the

record under sub. (1) (a), the authority shall then determine if the
requester has a right to

inspect or copy the record under sub. (1) (am) and grant or deny the
request accordingly.



(5) RECORD DESTRUCTION. No authority may destroy any record at any tim
e after the receipt

of a request for inspection or copying of the record under sub. (1) un
til after the request is

granted or until at least 60 days after the date that the request is den
ied or, if the requester is a

committed or incarcerated person, until at least 90 days after the date
that the request is

denied. If an authority receives written notice that an action relating
to a record has been

commenced under s. 19.37, the record may not be destroyed until after th
e order of the court in

relation to such record is issued and the deadline for appealing that or
der has passed, or, if

appealed, until after the order of the court hearing the appeal is issue
d. If the court orders the

production of any record and the order is not appealed, the record may n
ot be destroyed until

after the request for inspection or copying is granted.



(6) ELECTED OFFICIAL RESPONSIBILITIES. No elected official is responsi
ble for the record of

any other elected official unless he or she has possession of the record
of that other official.



19.36. Limitations upon access and withholding.



(1) APPLICATION OF OTHER LAWS. Any record which is specifically exempt
ed from

disclosure by state or federal law or authorized to be exempted from disclosure by state law is

exempt from disclosure under s. 19.35 (1), except that any portion of that record which contains

public information is open to public inspection as provided in sub. (6)




ITEM NUMBER: 3.07 g





(2) LAW ENFORCEMENT RECORDS. Except as otherwise provided by law, whenever federal

law or regulations require or as a condition to receipt of aids by this
state require that any record

relating to investigative information obtained for law enforcement purpo
ses be withheld from

public access, then that information is exempt from disclosure under s.
19.35 (1)



(3) CONTRACTORS' RECORDS. Subject to sub. (12), each authority shall
make available for

inspection and copying under s. 19.35 (1) any record produced or colle
cted under a contract

entered into by the authority with a person other than an authority to t
he same extent as if the

record were maintained by the authority. This subsection does not apply
to the inspection or

copying of a record under s. 19.35 (1) (am)



(4) COMPUTER PROGRAMS AND DATA. A computer program, as defined in s. 1
6.971 (4) (c),

is not subject to examination or copying under s. 19.35 (1), but the m
aterial used as input for a

computer program or the material produced as a product of the computer program is subject to

the right of examination and copying, except as otherwise provided in s. 19.35 or this section.



(5) TRADE SECRETS. An authority may withhold access to any record or p
ortion of a record

containing information qualifying as a trade secret as defined in s. 134
.90 (1) (c)



(6) SEPARATION OF INFORMATION. If a record contains information that i
s subject to

disclosure under s. 19.35 (1) (a) or (am) and information that is
not subject to such disclosure,

the authority having custody of the record shall provide the information
that is subject to

disclosure and delete the information that is not subject to disclosure
from the record before

release.



(7) IDENTITIES OF APPLICANTS FOR PUBLIC POSITIONS.



(a) In this section, "final candidate" means each applicant for a posi
tion who is seriously

considered for appointment or whose name is certified for appointment an
d whose name is

submitted for final consideration to an authority for appointment to any
state position, except a

position in the classified service, or to any local public office. "Fina
l candidate" includes,

whenever there are at least 5 candidates for an office or position, each
of the 5 candidates who

are considered most qualified for the office or position by an authority
, and whenever there are

less than 5 candidates for an office or position, each such candidate. W
henever an appointment

is to be made from a group of more than 5 candidates, "final candidate"
also includes each

candidate in the group.



(b) Every applicant for a position with any authority may indicate in
writing to the authority that

the applicant does not wish the authority to reveal his or her identity.
Except with respect to an

applicant whose name is certified for appointment to a position in the s
tate classified service or

a final candidate, if an applicant makes such an indication in writing,
the authority shall not

provide access to any record related to the application that may reveal
the identity of the

applicant.



(8) IDENTITIES OF LAW ENFORCEMENT INFORMANTS.



(a) In this subsection:





ITEM NUMBER: 3.07 h





1. "Informant" means an individual who requests confidentiality from a l
aw enforcement agency

in conjunction with providing information to that agency or, pursuant to
an express promise of

confidentiality by a law enforcement agency or under circumstances in wh
ich a promise of

confidentiality would reasonably be implied, provides information to a l
aw enforcement agency

or, is working with a law enforcement agency to obtain information, rela
ted in any case to any of

the following:

a. Another person who the individual or the law enforcement agency suspe
cts has violated, is

violating or will violate a federal law, a law of any state or an ordina
nce of any local government.

b. Past, present or future activities that the individual or law enforce
ment agency believes may

violate a federal law, a law of any state or an ordinance of any local g
overnment.



2. "Law enforcement agency" has the the meaning given in s. 165.83 (1)
(b), and includes the

department of corrections.



(b) If an authority that is a law enforcement agency receives a reques
t to inspect or copy a

record or portion of a record under s. 19.35 (1) (a) that contains s
pecific information including

but not limited to a name, address, telephone number, voice recording or
handwriting sample

which, if disclosed, would identify an informant, the authority shall de
lete the portion of the

record in which the information is contained or, if no portion of the re
cord can be inspected or

copied without identifying the informant, shall withhold the record unle
ss the legal custodian of

the record, designated under s. 19.33, makes a determination, at the tim
e 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 b
y providing such access.



(9) RECORDS OF PLANS OR SPECIFICATIONS FOR STATE BUILDINGS. Records

containing plans or specifications for any state-owned or state-leased b
uilding, structure or

facility or any proposed state-owned or state-leased building, structure
or facility are not subject

to the right of inspection or copying under s. 19.35 (1) except as the
department of

administration otherwise provides by rule.



(10) EMPLOYEE PERSONNEL RECORDS. Unless access is specifically authorized or required

by statute, an authority shall not provide access under s. 19.35 (1) t
o records containing the

following information, except to an employee or

the employees representative to the extent

required under s. 103.13 or to a recognized or certified collective barg
aining representative to

the extent required to fulfill a duty to bargain under ch. 111 or pursua
nt to a collective bargaining

agreement under ch. 111:



(a) Information maintained, prepared, or pr

ovided by an employer concerning the home

address, home electronic mail address, home tel

ephone number, or social security number of

an employee, unless the employee authorizes the authority to provide access to such

information.



(b) Information relating to the current investigation of a possible cr
iminal offense or possible

misconduct connected with employment by an employee prior to disposition
of the investigation.



(c) Information pertaining to an employees employment examination, except an examination

score if access to that score is not otherwise prohibited.





ITEM NUMBER:





(d) Information relating to one or more specific employees that is use
d by an authority or by the

employer of the employees for staff management planning, including performance evaluations,

judgments, or recommendations concerning future salary adjustments or ot
her wage

treatments, management bonus plans, promotions, j

ob assignments, letters of reference, or

other comments or ratings relating to employees.



(11) RECORDS OF AN INDIVIDUAL HOLDING A LOCAL PUBLIC OFFICE OR A STATE


PUBLIC OFFICE. Unless access is specifically authorized or required by s
tatute, an authority

shall not provide access under s. 19.35 (1) to records, except to an i
ndividual to the extent

required under s. 103.13, containing information maintained, prepared, o
r provided by an

employer concerning the home address, home electronic mail address, home telephone

number, or social security number of an individual who holds a local pub
lic office or a state

public office, unless the individual authorizes the authority to provide
access to such

information. This subsection does not apply to the home address of an in
dividual who holds an

elective public office or to the home address of an individual who, as a
condition of employment,

is required to reside in a specified location.



(12) INFORMATION RELATING TO CERTAIN EMPLOYEES. Unless access is specifically

authorized or required by statute, an authority shall not provide access
to a record prepared or

provided by an employer performing work on a project to which s. 66.0903, 103.49, or 103.50

applies, or on which the employer is otherwise required to pay prevailing wages, if that record

contains the name or other personally identifiable information relating to an employee of that

employer, unless the employee authorizes the authority to provide access to that information. In

this subsection, "personally identifiable information" does not include
an employees work

classification, hours of work, or wage or benefit payments received for
work on such a project.



19.365. Rights of data subject to challenge; authority corrections.



(1) Except as provided under sub. (2), an individual or person autho
rized by the individual may

challenge the accuracy of a record containing personally identifiable in
formation pertaining to

the individual that is maintained by an authority if the individual is a
uthorized to inspect the

record under s. 19.35 (1) (a) or (am) and the individual notifies
the authority, in writing, of the

challenge. After receiving the notice, the authority shall do one of the
following:



(a) Concur with the challenge and correct the information.



(b) Deny the challenge, notify the individual or person authorized by
the individual of the denial

and allow the individual or person authorized by the individual to file
a concise statement setting

forth the reasons for the individuals disagreement with the disputed por
tion of the record. A

state authority that denies a challenge shall also notify the individual
or person authorized by

the individual of the reasons for the denial.



(2) This section does not apply to any of the following records:

(a) Any record transferred to an archival depository under s. 16.61 (
13)

(b) Any record pertaining to an individual if a specific state statute
or federal law governs

challenges to the accuracy of the record.





ITEM NUMBER:





19.37. Enforcement and penalties.



(1) MANDAMUS. If an authority withholds a record or a part of a record
or delays granting

access to a record or part of a record after a written request for discl
osure is made, the

requester may pursue either, or both, of the alternatives under pars. (
a) and (b)



(a)

The requester may bring an action for mandamus asking a court to order r
elease of the

record. The court may permit the parties or their attorneys to have acce
ss to the

requested record under restrictions or protective orders as the court de
ems appropriate.



(b) The requester may, in writing, request the district attorney of th
e county where the record

is found, or request the attorney general, to bring an action for mandam
us asking a court to

order release of the record to the requester. The district attorney or a
ttorney general may

bring such an action.



(1m) TIME FOR COMMENCING ACTION. No action for mandamus under sub. (1
) to

challenge the denial of a request for access to a record or part of a re
cord may be

commenced by any committed or incarcerated person later than 90 days aft
er the date that

the request is denied by the authority having custody of the record or p
art of the record.



(1n) NOTICE OF CLAIM. Sections 893.80 and 893.82 do not apply to actio
ns commenced

under this section.



(2) COSTS, FEES AND DAMAGES.



(a) Except as provided in this paragraph, the court shall award reason
able attorney fees,

damages of not less than $ 100, and other actual costs to the requester
if the requester

prevails in whole or in substantial part in any action filed under sub.
(1) relating to access to

a record or part of a record under s. 19.35 (1) (a) If the requester
is a committed or

incarcerated person, the requester is not entitled to any minimum amount
of damages, but

the court may award damages. Costs and fees shall be paid by the authori
ty affected or the

unit of government of which it is a part, or by the unit of government by which the legal

custodian under s. 19.33 is employed and may not become a personal liabi
lity of any public

official.



(b) In any action filed under sub. (1) relating to access to a recor
d or part of a record under

s. 19.35 (1) (am), if the court finds that the authority acted in a
willful or intentional manner,

the court shall award the individual actual damages sustained by the ind
ividual as a

consequence of the failure.



(3) PUNITIVE DAMAGES. If a court finds that an authority or legal cust
odian under s. 19.33

has arbitrarily and capriciously denied or delayed response to a request
or charged

excessive fees, the court may award punitive damages to the requester.







ITEM NUMBER: 3.07 k





(4) PENALTY. Any authority which or legal custodian under s. 19.33 who
arbitrarily and

capriciously denies or delays response to a request or charges excessive
fees may be

required to forfeit not more than $ 1,000. Forfeitures under this sectio
n shall be enforced by

action on behalf of the state by the attorney general or by the district attorney of any county

where a violation occurs. In actions brought by the attorney general, th
e court shall award

any forfeiture recovered together with reasonable costs to the state; an
d in actions brought

by the district attorney, the court shall award any forfeiture recovered
together with

reasonable costs to the county.





19.39. Interpretation by attorney general.

Any person may request advice from the attorney general as to the applic
ability of this

subchapter under any circumstances. The attorney general may respond to
such a request.