Assembly Bill 190 proposes changes to Wisconsin's public records law regarding the awarding of attorney fees and costs when a requester files a mandamus action to obtain access to contested records. The bill seeks to renumber the existing statute 19.37 (2) (a) to 19.37 (2) (a) 1 and create a new provision, 19.37 (2) (a) 2. This new provision stipulates 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 or unilaterally 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 be awarded attorney fees and costs. By aligning the state law more closely with the federal Freedom of Information Act, the bill aims to ensure that requesters are compensated for their legal efforts when they contribute to the release of public records, even if that release occurs without a court order.