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Tuesday, September 9, 2025

Rep. Novak authors Wisconsin Assembly bill revising public records access criteria

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Todd Novak, Wisconsin State Representative of 51st District | Facebook

Todd Novak, Wisconsin State Representative of 51st District | Facebook

A new bill authored by State Rep. Todd Novak in the Wisconsin Assembly seeks to revise the criteria for when a requester is considered to have prevailed in accessing contested public records, according to the Wisconsin State Assembly.

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 Wisconsin's public records law to set new criteria under which a requester is considered to have prevailed in accessing contested records. Specifically, it supersedes the Wisconsin Supreme Court's 2022 decision in "Friends of Frame Park, U.A. v. City of Waukesha," which limited requester relief to cases resulting in a judicial order. The bill provides that a requester prevails if they obtain records via a court order, enforceable agreement, or if the court finds that the filing of a mandamus action was a substantial factor prompting the authority to voluntarily release the records. This aligns with standards under the federal Freedom of Information Act and becomes effective upon enactment.

The bill was co-authored by Senator Van H. Wanggaard (Republican-21st District), Representative Scott Allen (Republican-82nd District), Representative Clinton M. Anderson (Democrat-45th District), Representative David Armstrong (Republican-67th District), Representative Elijah R. Behnke (Republican-6th District). It was co-sponsored by Senator Dan Feyen (Republican-20th District), Senator Chris Kapenga (Republican-33rd District), and Senator Steve L. Nass (Republican-11th District), along 22 other co-sponsors.

Todd Novak has authored or co-authored another 33 bills since the beginning of the 2025 session, with none of them being enacted.

Novak, a Republican, was elected to the Wisconsin State Assembly in 2015 to represent the state's 51st Assembly district, replacing previous state representative Howard Marklein.

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 Todd Novak in Wisconsin Assembly During 2025 Regular Session

Bill NumberDate IntroducedShort Description
AB19004/15/2025Obtaining 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
AB18504/15/2025Property tax exemption for nonprofit theaters. (FE)
AB17304/09/2025Regulation of pharmacy benefit managers, fiduciary and disclosure requirements on pharmacy benefit managers, and application of prescription drug payments to health insurance cost-sharing requirements. (FE)
AB15904/02/2025Creating a rural creative economy development grant program. (FE)
AB13703/13/2025Maximum 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)
AB12903/13/2025Providing safe drinking water in public and private schools. (FE)
AB12003/11/2025Positions for the Office of School Safety. (FE)
AB11803/11/2025A transition to grazing pilot program and making an appropriation. (FE)
AB5402/24/2025Utilization management controls for antipsychotic prescription drugs under the Medical Assistance program. (FE)
AB2202/06/2025Limitations on the total value of taxable property that may be included in, and the lifespan of, a tax incremental financing district created in the city of Middleton. (FE)
AB101/31/2025Changes to the educational assessment program and the school and school district accountability report. (FE)

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