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Our View: Stop agencies from keeping info private
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There should never be a problem with someone not being able to get a public record.

If only all public officials would say this and mean it! Fortunately, that was exactly what Sen. Jon Erpenbach, D-Waunakee, said for an Associated Press story about how two state agencies aren't releasing public information. Now, Sen. Erpenbach will get a chance to show that he means it.

The AP in an exclusive story earlier this week reported that neither the state Department of Natural Resources nor the Department of Transportation is releasing the names of anyone receiving a license to hunt, fish or drive. Refusing to do so is a violation of state law, as the names of license holders are public records.

The problem is a law pushed by Erpenbach and passed nine years ago. The senator says the agencies are interpreting or using the law incorrectly.

The law, passed in 2000, allows for license holders to ask that their names not be included in lists that telemarketers and others can purchase. It does so by allowing someone to "opt out" of lists that include 10 or more names. According to the AP report, the law was intended to allow public access to the names of those who have opted out, as long as they are released in groups of nine or fewer.

But both the DNR and DOT say they don't make available lists of names of people who have opted out, even in groups of nine or fewer.

That wasn't the intent of the law, Erpenbach said. But, Erpenbach told the AP, if the agencies are "on solid legal grounds that they don't have to, then we will change (the law)."

Of the 4.6 million license holders with the DNR, 3.1 million have "opted out." One-third of the state's 4.5 million licensed drivers are opt-outs, the AP reported in a story published in Monday's Monroe Times.

As long as the names of people licensed by the state are public records, they should be available for viewing in groups of nine, 10 or thousands. Having to ask for the names of those who've opted out in groups of nine at a time is "overly burdensome," says Peter Fox, the Wisconsin Newspaper Association director.

He's right, and the law must be changed to ensure that those public records remain accessible to the public.

Sen. Erpenbach will be meeting Sept. 1 with a group of Wisconsin newspaper editors, including Times Editor Jeff Rogers. Erpenbach has stated his commitment to keeping public records open, but also says he will fight to protect those licensed by the state from being targeted by telemarketers.

There should be room to satisfy both goals. Hopefully, Erpenbach and other lawmakers are willing to accommodate.