Retiring Guy's Digest: Getting to Know Chapter 43 of the Wisconsin State Statutes: Part 17, Public Library Records

Monday, March 12, 2012

Getting to Know Chapter 43 of the Wisconsin State Statutes: Part 17, Public Library Records

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43.30 Public library records.

(1b) In this section:

(a) “Custodial parent” includes any parent other than a parent who has been denied periods of physical placement with a child under s. 767.41 (4).

(b) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c)

(1m) [Privacy of public library records/List of exceptions] Records of any library which is in whole or in part supported by public funds, including the records of a public library system, indicating the identity of any individual who borrows or uses the library’s documents or other materials, resources, or services may not be disclosed except

by court order or
to persons acting within the scope of their duties in the administration of the library or library system,
to persons authorized by the individual to inspect such records,
to custodial parents or guardians of children under the age of 16 under sub. (4),
to libraries under subs. (2) and (3), or
to law enforcement officers under sub. (5).

(2) A library supported in whole or in part by public funds may disclose an individual’s identity to another library for the purpose of borrowing materials for the individual only if the library to which the individual’s identity is being disclosed meets at least one of the following requirements:

(a) The library is supported in whole or in part by public funds.

(b) The library has a written policy prohibiting the disclosure of the identity of the individual except as authorized under sub. (3).

(c) The library agrees not to disclose the identity of the individual except as authorized under sub. (3).

(3) A library to which an individual’s identity is disclosed under sub. (2) and that is not supported in whole or in part by public funds may disclose that individual’s identity to another library for the purpose of borrowing materials for that individual only if the library to which the identity is being disclosed meets at least one of the requirements specified under sub. (2) (a) to (c).

(4) Upon the request of a custodial parent or guardian of a child who is under the age of 16, a library supported in whole or part by public funds shall disclose to the custodial parent or guardian all library records relating to the use of the library’s documents or other materials, resources, or services by that child.

(5) (a) Upon the request of a law enforcement officer who is investigating criminal conduct alleged to have occurred at a library supported in whole or in part by public funds, the library shall disclose to the law enforcement officer all records pertinent to the alleged criminal conduct that were produced by a surveillance device under the control of the library.

(b) If a library requests the assistance of a law enforcement officer, and the director of the library determines that records produced by a surveillance device under the control of the library may assist the law enforcement officer to render the requested assistance, the library may disclose the records to the law enforcement officer.

The genesis of 43.30 (5) (b)

2007 Senate Bill 214

For further information:
Before the Police Arrive. (South Central Library System)

Frequently Asked Questions About Libraries and Wisconsin’s Public Records Law. (Wisconsin Department of Public Instruction)

Wisconsin Public Records Law.

LINK

Wisconsin State Law Library.

History:
1981 Senate Bill 250. 43.30 is created.
1991 Wisconsin Act 261. 43.30 (2) and (3) of the statutes are created.
2003 Wisconsin Act 207.

43.30 (1) is amended.
43.30 (1b) and 43.30 (4) is created.

2007 Wisconsin Act 34.

43.30 (1b) is renumbered 43.30 (1b) (intro.) and amended.
43.30 (1b) (b) of the statutes is created.
43.30 (1m) of the statutes is amended.
43.30 (5) of the statutes is created.

2009 Wisconsin 180. The treatment of 43.30 (1b) of the statutes by 2007 Wisconsin Act 34 is not repealed by 2007 Wisconsin Act 96. Both treatments stand.

Monday, March 12, 2012

Getting to Know Chapter 43 of the Wisconsin State Statutes: Part 17, Public Library Records

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