Assembly Bill 190 aims to amend Wisconsin's public records law regarding the awarding of attorney fees and costs when a requester seeks access to contested records. The bill renumbers the existing statute 19.37 (2) (a) to 19.37 (2) (a) 1 and introduces a new provision, 19.37 (2) (a) 2. This new provision establishes that a requester is considered to have prevailed in whole or in substantial part if they obtain relief through either a judicial order or an enforceable written agreement, or if the authority voluntarily releases the contested record, provided that the court finds the filing of the mandamus action was a substantial factor in that release.

This legislation effectively overrides a 2022 Wisconsin Supreme Court decision that limited the circumstances under which a requester could claim attorney fees and costs. Under the previous ruling, a requester was not entitled to such fees if the authority released the records voluntarily without a court order. The new standard aligns more closely with the federal Freedom of Information Act, allowing for greater access to attorney fees and costs for requesters who contribute to the release of contested records through legal action.