1 | 1 | | LRB-2344/1 |
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2 | 2 | | FFK:klm |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 ASSEMBLY BILL 642 |
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5 | 5 | | November 8, 2023 - Introduced by Representatives DITTRICH, O'CONNOR, |
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6 | 6 | | MAGNAFICI, MICHALSKI, GUNDRUM, MURPHY, GOEBEN, WICHGERS, ROZAR and |
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7 | 7 | | RETTINGER, cosponsored by Senators QUINN, NASS and TOMCZYK. Referred to |
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8 | 8 | | Committee on Education. |
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9 | 9 | | ***AUTHORS SUBJECT TO CHANGE*** |
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10 | 10 | | AN ACT to amend 43.30 (1m) and 119.04 (1); and to create 120.12 (29) of the |
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11 | 11 | | statutes; relating to: parental notification related to school library materials. |
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12 | 12 | | Analysis by the Legislative Reference Bureau |
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13 | 13 | | This bill requires school boards to develop and implement a policy under which |
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14 | 14 | | the custodial parent or guardian of a pupil who is under the age of 16 is notified of |
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15 | 15 | | each document or material the pupil checks out from a school library as soon as is |
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16 | 16 | | practicable, but no later than 24 hours after the checkout. Under current law, subject |
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17 | 17 | | to various exceptions, library records that identify who borrows or uses a library |
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18 | 18 | | material may not be disclosed. One of the exceptions is for custodial parents of a child |
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19 | 19 | | who is under the age of 16. Specifically, current law requires, upon the request of a |
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20 | 20 | | custodial parent or guardian of a child who is under the age of 16, a library supported |
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21 | 21 | | by public funds to disclose to the custodial parent or guardian all library records |
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22 | 22 | | relating to the use of the library's documents or other materials, resources, or |
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23 | 23 | | services by the child. |
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24 | 24 | | The bill also requires a school board to annually notify parents and guardians |
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25 | 25 | | of pupils enrolled in the school district of whether or not the school board provides |
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26 | 26 | | pupils access to the electronic collection of resources known as Badger Link that is |
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27 | 27 | | maintained by the Division for Libraries and Technology in the Department of Public |
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28 | 28 | | Instruction. |
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30 | 30 | | 2 - 2 -2023 - 2024 Legislature LRB-2344/1 |
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31 | 31 | | FFK:klm |
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32 | 32 | | ASSEMBLY BILL 642 |
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33 | 33 | | For further information see the local fiscal estimate, which will be printed as |
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34 | 34 | | an appendix to this bill. |
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35 | 35 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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36 | 36 | | enact as follows: |
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37 | 37 | | SECTION 1. 43.30 (1m) of the statutes is amended to read: |
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38 | 38 | | 43.30 (1m) Records of any library which is in whole or in part supported by |
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39 | 39 | | public funds, including the records of a public library system, indicating the identity |
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40 | 40 | | of any individual who borrows or uses the library's documents or other materials, |
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41 | 41 | | resources, or services may not be disclosed except by court order or to persons acting |
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42 | 42 | | within the scope of their duties in the administration of the library or library system, |
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43 | 43 | | to persons authorized by the individual to inspect such records, to custodial parents |
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44 | 44 | | or guardians of children under the age of 16 under sub. (4) or s, 120.12 (29) (b), to |
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45 | 45 | | libraries under subs. (2) and (3), or to law enforcement officers under sub. (5). |
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46 | 46 | | SECTION 2. 119.04 (1) of the statutes is amended to read: |
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47 | 47 | | 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), |
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48 | 48 | | 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, |
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49 | 49 | | 115.345, 115.363, 115.364, 115.365 (3), 115.366, 115.367, 115.38 (2), 115.415, 115.445, |
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50 | 50 | | 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 |
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51 | 51 | | to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, |
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52 | 52 | | 118.19, 118.196, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), |
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53 | 53 | | 118.245, 118.25, 118.255, 118.258, 118.291, 118.292, 118.293, 118.2935, 118.30 to |
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54 | 54 | | 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (5), |
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55 | 55 | | and (15) to (27), and (29), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), |
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56 | 56 | | (34), (35), (37), (37m), and (38), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are |
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57 | 57 | | applicable to a 1st class city school district and board but not, unless explicitly |
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78 | 78 | | 21 - 3 -2023 - 2024 Legislature |
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79 | 79 | | LRB-2344/1 |
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80 | 80 | | FFK:klm |
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81 | 81 | | SECTION 2 |
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82 | 82 | | ASSEMBLY BILL 642 |
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83 | 83 | | provided in this chapter or in the terms of a contract, to the commissioner or to any |
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84 | 84 | | school transferred to an opportunity schools and partnership program. |
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85 | 85 | | SECTION 3. 120.12 (29) of the statutes is created to read: |
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86 | 86 | | 120.12 (29) SCHOOL LIBRARY MATERIALS; PARENTAL NOTIFICATION. (a) Annually |
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87 | 87 | | notify parents and guardians of pupils enrolled in the school district of whether or |
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88 | 88 | | not the school board provides pupils enrolled in the school district access to the |
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89 | 89 | | electronic resources maintained by the department under s. 43.05 (11) and, if so, at |
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90 | 90 | | what schools in the school district access to the electronic resources is provided to |
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91 | 91 | | pupils. |
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92 | 92 | | (b) Develop and implement a policy under which the school board notifies a |
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93 | 93 | | custodial parent, as defined in s. 43.30 (1b) (ag), or guardian of a pupil who is under |
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94 | 94 | | the age of 16 of each document or material, in any format, the pupil borrows from a |
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95 | 95 | | school library as soon as practicable, but no later than 24 hours after the pupil |
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96 | 96 | | borrows the document or material from a school library. |
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97 | 97 | | (END) |
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