Bill Summary – FastDemocracy

2023 - 2024 LEGISLATURE
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                  2023 ASSEMBLY BILL 252
    May 8, 2023 - Introduced by Representatives STEFFEN, ARMSTRONG, BEHNKE,
        BODDEN, BRANDTJEN, BROOKS, DITTRICH, MACCO, MICHALSKI, MURPHY,
        NEDWESKI, ROZAR, SCHMIDT and SORTWELL, cosponsored by Senators
        WIMBERGER, BALLWEG, FELZKOWSKI and MARKLEIN. Referred to Committee on
        Criminal Justice and Public Safety.
1   AN ACT       to create 20.933 of the statutes; relating to: interception of oral
2        communications by public bodies in public spaces.
                     Analysis by the Legislative Reference Bureau
          Under current law, it is a crime for a person to intentionally intercept or attempt
    to intercept an oral communication or to intentionally use a device or attempt to use
    a device to intercept an oral communication, subject to certain exceptions primarily
    related to law enforcement.
          Under this bill, subject to current law exceptions related to law enforcement,
    no state agency, broadly defined, no local governmental unit, and no official of such
    an agency or local governmental unit may intercept an oral communication in a
    building or space owned, leased, or operated by the agency or local governmental
    unit, except that a state agency or local governmental unit may authorize such
    interception of oral communications if all of the following apply:
          1. The governing body of the local governmental unit authorizes the
    interception by a two-thirds vote of the body's membership.
          2. The governing body or head of the state agency or local governmental unit
    authorizes the interception at least once each year. The authorization must include
    information concerning the costs and operational procedures and capabilities
    associated with the interception, and the specific areas where interception is
    authorized.
          3. Each area where interception is authorized contains a posting in plain view
    advising the public that oral communications in the area may be recorded.
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     ASSEMBLY BILL 252
          4. Recordings of the interceptions are retained by the state agency or local
     governmental unit for no more than 240 days after origination.
     The people of the state of Wisconsin, represented in senate and assembly, do
         enact as follows:
 1        SECTION 1. 20.933 of the statutes is created to read:
 2        20.933 Interception of oral communications in public spaces. (1)
 3   DEFINITIONS. In this section:
 4        (a) “Intercept” has the meaning given in s. 968.27 (9).
 5        (b) “Local governmental unit" means a political subdivision of this state, a
 6   special purpose district in this state, an agency or corporation of a political
 7   subdivision or special purpose district, or a combination or subunit of any of the
 8   foregoing.
 9        (c) “Oral communication” means any oral communication uttered by a person
10   regardless of whether the person making the utterance exhibits an expectation that
11   the communication is not subject to interception under circumstances justifying the
12   expectation.
13        (d)     “State agency" means an association, authority, board, department,
14   commission, independent agency, institution, office, society, or other body in state
15   government created or authorized to be created by the constitution or any law.
16        (2) PROHIBITION. (a) No state agency or local governmental unit or official of
17   a state agency or local governmental unit may intercept an oral communication in
18   a building or space owned, leased, or operated by the state agency or local
19   governmental unit except as provided under par. (b) or s. 196.63, 968.28, 968.29,
20   968.30, or 968.31 (2) (b) or (c).
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     ASSEMBLY BILL 252                                                        SECTION 1
 1        (b) A state agency or local governmental unit may authorize the interception
 2   of oral communications in a building or space owned, leased, or operated by the state
 3   agency or local governmental unit if all of the following apply:
 4        1. If applicable, the governing body of the local governmental unit authorizes
 5   the interception by a two-thirds vote of the body's membership.
 6        2. The governing body or head of the state agency or local governmental unit
 7   authorizes the interception at least once each year. The authorization shall include
 8   information concerning the costs and operational procedures and capabilities
 9   associated with the interception, and the specific areas where interception is
10   authorized.
11        3. Each area where interception is authorized contains a posting in plain view
12   advising the public that oral communications in the area may be recorded.
13        4. Recordings of the interceptions are retained by the state agency or local
14   governmental unit for no more than 240 days after origination.
15                                        (END)