Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB597 Compare Versions

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33 2023 - 2024 LEGISLATURE
44 2023 SENATE BILL 597
55 October 30, 2023 - Introduced by Senators QUINN, NASS and TOMCZYK, cosponsored
66 by Representatives DITTRICH, O'CONNOR, MAGNAFICI, MICHALSKI, GUNDRUM,
77 MURPHY, GOEBEN, WICHGERS, ROZAR and RETTINGER. Referred to Committee on
88 Mental Health, Substance Abuse Prevention, Children and Families.
99 AN ACT to amend 43.30 (1m) and 119.04 (1); and to create 120.12 (29) of the
1010 statutes; relating to: parental notification related to school library materials.
1111 Analysis by the Legislative Reference Bureau
1212 This bill requires school boards to develop and implement a policy under which
1313 the custodial parent or guardian of a pupil who is under the age of 16 is notified of
1414 each document or material the pupil checks out from a school library as soon as is
1515 practicable, but no later than 24 hours after the checkout. Under current law, subject
1616 to various exceptions, library records that identify who borrows or uses a library
1717 material may not be disclosed. One of the exceptions is for custodial parents of a child
1818 who is under the age of 16. Specifically, current law requires, upon the request of a
1919 custodial parent or guardian of a child who is under the age of 16, a library supported
2020 by public funds to disclose to the custodial parent or guardian all library records
2121 relating to the use of the library's documents or other materials, resources, or
2222 services by the child.
2323 The bill also requires a school board to annually notify parents and guardians
2424 of pupils enrolled in the school district of whether or not the school board provides
2525 pupils access to the electronic collection of resources known as Badger Link that is
2626 maintained by the Division for Libraries and Technology in the Department of Public
2727 Instruction.
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3131 SENATE BILL 597
3232 For further information see the local fiscal estimate, which will be printed as
3333 an appendix to this bill.
3434 The people of the state of Wisconsin, represented in senate and assembly, do
3535 enact as follows:
3636 SECTION 1. 43.30 (1m) of the statutes is amended to read:
3737 43.30 (1m) Records of any library which is in whole or in part supported by
3838 public funds, including the records of a public library system, indicating the identity
3939 of any individual who borrows or uses the library's documents or other materials,
4040 resources, or services may not be disclosed except by court order or to persons acting
4141 within the scope of their duties in the administration of the library or library system,
4242 to persons authorized by the individual to inspect such records, to custodial parents
4343 or guardians of children under the age of 16 under sub. (4) or s, 120.12 (29) (b), to
4444 libraries under subs. (2) and (3), or to law enforcement officers under sub. (5).
4545 SECTION 2. 119.04 (1) of the statutes is amended to read:
4646 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
4747 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
4848 115.345, 115.363, 115.364, 115.365 (3), 115.366, 115.367, 115.38 (2), 115.415, 115.445,
4949 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125
5050 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18,
5151 118.19, 118.196, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10),
5252 118.245, 118.25, 118.255, 118.258, 118.291, 118.292, 118.293, 118.2935, 118.30 to
5353 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (5),
5454 and (15) to (27), and (29), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26),
5555 (34), (35), (37), (37m), and (38), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are
5656 applicable to a 1st class city school district and board but not, unless explicitly
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8080 SECTION 2
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8282 provided in this chapter or in the terms of a contract, to the commissioner or to any
8383 school transferred to an opportunity schools and partnership program.
8484 SECTION 3. 120.12 (29) of the statutes is created to read:
8585 120.12 (29) SCHOOL LIBRARY MATERIALS; PARENTAL NOTIFICATION. (a) Annually
8686 notify parents and guardians of pupils enrolled in the school district of whether or
8787 not the school board provides pupils enrolled in the school district access to the
8888 electronic resources maintained by the department under s. 43.05 (11) and, if so, at
8989 what schools in the school district access to the electronic resources is provided to
9090 pupils.
9191 (b) Develop and implement a policy under which the school board notifies a
9292 custodial parent, as defined in s. 43.30 (1b) (ag), or guardian of a pupil who is under
9393 the age of 16 of each document or material, in any format, the pupil borrows from a
9494 school library as soon as practicable, but no later than 24 hours after the pupil
9595 borrows the document or material from a school library.
9696 (END)
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