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Kenosha Reporter

Wednesday, September 10, 2025

Sen. Wanggaard authors Wisconsin Senate bill on attorney fees in public records cases

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Van H. Wanggaard, Wisconsin State Senator from 21st district | www.facebook.com

Van H. Wanggaard, Wisconsin State Senator from 21st district | www.facebook.com

The new bill authored by State Sen. Wanggaard seeks to amend how attorney fees and costs are awarded in public records disputes, aiming to broaden eligibility for claimants, according to the Wisconsin State Senate.

According to the Wisconsin State Legislature's official website, the bill was described as follows: "obtaining attorney fees and costs under the state’s public records law when an authority voluntarily or unilaterally releases a contested record after an action has been filed in court".

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill amends the criteria for obtaining attorney fees and costs under Wisconsin's public records law when a contested record is released after a court action is filed. It supersedes a 2022 Wisconsin Supreme Court decision that limited requesters' ability to recover these costs unless they achieved a judicially sanctioned change. Under the bill, a requester who files a mandamus action—a legal procedure demanding the release of records—can recover fees and costs if relief is obtained through a judicial order, a written agreement, or if the authority's voluntary release of the record is deemed substantially influenced by the lawsuit. This aligns with the standard applied under the federal Freedom of Information Act. The bill renumbers and adds provisions to the statutes effective following its enactment.

The bill was co-authored by Representative Todd Novak (Republican-51st District), Senator Chris Kapenga (Republican-33rd District), Senator Steve L. Nass (Republican-11th District), Senator Romaine Robert Quinn (Republican-25th District), Senator Kelda Roys (Democrat-26th District). It was co-sponsored by Representative Scott Allen (Republican-82nd District), Representative Clinton M. Anderson (Democrat-45th District), and Representative David Armstrong (Republican-67th District), along 24 other co-sponsors.

Van H. Wanggaard has authored or co-authored another 61 bills since the beginning of the 2025 session, with none of them being enacted.

Wanggaard graduated from Gateway Technical College.

Wanggaard, a Republican, was elected to the Wisconsin State Senate in 2015 to represent the state's 21st Senate district, replacing previous state senator John Lehman.

In Wisconsin, the legislative process starts when a senator, constituent, group, or agency proposes an idea for a bill. After drafting, the bill is introduced, numbered, and referred to a committee for review and public input. If approved, it moves through three readings and votes in both the Senate and Assembly. Once both chambers pass the same version, the bill goes to the governor, who can sign it, veto it, or let it become law without a signature. Only a small share of bills introduced each session ultimately become law. You can learn more about the Wisconsin legislative process here.

Bills Introduced by Van H. Wanggaard in Wisconsin Senate During 2025 Regular Session

Bill NumberDate IntroducedShort Description
SB19404/14/2025Obtaining attorney fees and costs under the state’s public records law when an authority voluntarily or unilaterally releases a contested record after an action has been filed in court
SB18404/14/2025Governmental restrictions based on the energy source of a motor vehicle or other device
SB16904/03/2025Privacy protections for judicial officers
SB15903/27/2025Requirements for lighting on police vehicles
SB15503/21/2025Requiring periodic inspections of parking structures
SB14703/21/2025Interpreter action by telephone or live audiovisual means in civil or criminal proceedings
SB14603/21/2025Prohibiting persons who have been convicted of a violent crime from changing their name and providing a penalty
SB13803/21/2025Prostitution crime surcharge and making an appropriation. (FE)
SB13303/14/2025Maximum life and allocation period for Tax Incremental District Number 9 in the village of DeForest and the total value of taxable property that may be included in tax incremental financing districts created in the village of DeForest. (FE)
SB13003/14/2025The distribution of certain material on the Internet
SB10003/07/2025The requirement that first class cities and first class city school districts place school resource officers in schools. (FE)
SB9903/07/2025Spinal cord injury research grants and symposia and making an appropriation. (FE)
SB8202/26/2025Governmental restrictions based on the energy source of a motor vehicle or other device
SB6602/21/2025Registration plate concealment devices and providing a penalty
SB6502/21/2025Impoundment of vehicles used in certain reckless driving offenses. (FE)
SB6402/21/2025Injuring or killing a police or fire animal and providing a penalty
SB3902/12/2025Establishment of a Palliative Care Council. (FE)
SB3402/12/2025Withdrawal of candidacy for certain offices filled at the general election and providing a penalty. (FE)
SB3002/12/2025Required instruction in civics in the elementary and high school grades, high school graduation requirements, and private school educational program criteria. (FE)
SB1202/03/2025A sales and use tax exemption for the sale of gun safes. (FE)
SB601/24/2025Impoundment of vehicles used in certain traffic offenses
SB501/24/2025Battery or threat to jurors and providing a penalty

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