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2023 - 2024 LEGISLATURE
2023 SENATE BILL 824
December 19, 2023 - Introduced by Senators L. JOHNSON, HESSELBEIN, SPREITZER
and LARSON, cosponsored by Representatives J. ANDERSON, EMERSON, BALDEH,
CLANCY, CONLEY, CONSIDINE, JACOBSON, MADISON, MOORE OMOKUNDE, OHNSTAD,
PALMERI, RATCLIFF, SINICKI, SNODGRASS and HAYWOOD. Referred to Committee
on Government Operations.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 43.58 (9) and 120.12 (25m) of the statutes; relating to:
requests for restrictions on the availability of library materials, including
school library materials.
Analysis by the Legislative Reference Bureau
The bill provides that, if a library board or school board has a procedure to
evaluate and resolve a complaint alleging that library materials should be removed
from the collection or restricted to certain users, the procedure may only be initiated
upon a finding that 1) the complaint is made by an individual who resides in a
political subdivision that established the public library or in the case of a school
library, the individual is either the parent or guardian of a pupil attending a school
in the school district or a resident of the school district, 2) the complaint is
accompanied by a statement from the individual making the complaint averring that
the individual has reviewed the library material in its entirety, 3) the complaint
contains an explanation of the individual's objections to the material, and 4) the
complaint is accompanied by the signatures of not less than 5 percent of the total
number of electors in the political subdivision that established the public library or
for a school library, 5 percent of the total number of the electors in the school district
in which the school library is located.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
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SECTION 1 SENATE BILL 824
SECTION 1. 43.58 (9) of the statutes is created to read:
43.58 (9) If a library board has a procedure to evaluate and resolve a complaint
alleging that library materials should be removed from the collection or restricted
to certain users, the procedure may only be initiated upon a finding that all of the
following are satisfied:
(a) The complaint is made by an individual who resides in a city, village, town,
or county that established the public library.
(b) The complaint is accompanied by a statement from the individual making
the complaint averring that the individual has reviewed the library material in its
entirety.
(c) The complaint contains an explanation of the individual's objections to the
material.
(d) The complaint is accompanied by the signatures of not less than 5 percent
of the total number of electors in the city, village, town, or county that established
the public library.
SECTION 2. 120.12 (25m) of the statutes is created to read:
120.12 (25m) SCHOOL LIBRARY MATERIALS; OBJECTIONS POLICY. If the school board
has a procedure to evaluate and resolve a complaint alleging that school library
materials should be removed from the collection or restricted to certain users, ensure
that the procedure may only be initiated upon a finding that all of the following are
satisfied:
(a) The complaint is made by an individual who is any of the following:
1. A parent or guardian of a pupil enrolled in the school district.
2. A resident of the school district.
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SECTION 2
SENATE BILL 824
(b) The complaint is accompanied by a statement from the individual making
the complaint averring that the individual has reviewed the school library material
in its entirety.
(c) The complaint contains an explanation of the individual's objections to the
school library material.
(d) The complaint is accompanied by the signatures of not less than 5 percent
of the total number of electors residing in the school district.
(END)
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