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LRBa1201/1
MPG:klm
2023 - 2024 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO SENATE BILL 789
February 12, 2024 - Offered by Representative Spiros.
SB789-AA1,1,11 At the locations indicated, amend the bill as follows:
SB789-AA1,1,2 21. Page 1, line 2: after “agencies" insert “and providing a penalty".
SB789-AA1,1,3 32. Page 1, line 3: after that line insert:
SB789-AA1,1,5 4“19.35 (3) (h) 1. In this paragraph, “law enforcement agency” has the meaning
5given in s. 19.36 (8) (a) 2.”.
SB789-AA1,1,8 63. Page 1, line 4: delete the material beginning with “19.35" and ending with
7“2.," on line 5 and substitute “2. Subject to subds. 3. to 7., an authority that is a law
8enforcement agency”.
SB789-AA1,1,9 94. Page 2, line 3: after that line insert:
SB789-AA1,1,11 10“3. An authority may not impose the fee under subd. 2. with respect to a request
11for records containing audio or video content for which all of the following apply:
SB789-AA1,2,312 a. If the requester is an individual, the requester provides written certification
13to the authority that the requester will not use the audio or video content for financial

1gain, not including an award of damages in a civil action. Any individual providing
2a false certification under this subd. 3. a. shall be subject to a forfeiture of $10,000
3for each violation.
SB789-AA1,2,74 b. During the calendar year in which the authority receives the request, the
5same requester has not made more than 10 requests to the authority for records
6containing audio or video content, including the current request but excluding any
7request subject to subd. 4. or 5.
SB789-AA1,2,128 4. An authority may not impose the fee under subd. 2. with respect to a request
9for records containing audio or video content if the requester is an individual directly
10involved in the event to which the requested records relate, that individual's attorney
11or other authorized representative, or that individual's parent or guardian if the
12individual is under the age of 18.
SB789-AA1,2,1513 5. An authority may not impose the fee under subd. 2. with respect to a request
14for records containing audio or video content if the event to which the requested
15records relate is a shooting involving an officer of a law enforcement agency.
SB789-AA1,2,1816 6. In calculating the fee imposed under subd. 2., the rate for an actual,
17necessary, and direct charge for staff time spent redacting shall be based on the pay
18rate of the authority's lowest paid employee capable of performing the task.
SB789-AA1,2,2219 7. An authority may not impose the fee under subd. 2. with respect to a request
20for records containing audio or video content unless prior to fulfilling the request the
21authority provides to the requester in writing an estimate of the amount of the fee
22to be charged.”.
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