2015 - 2016 LEGISLATURE
December 18, 2015 - Introduced by Senators Harsdorf,
Moulton, Stroebel, Wanggaard, Ringhand and Bewley, cosponsored by
Representatives VanderMeer, Allen, Bernier, E. Brooks, Czaja, Edming,
Jacque, Krug, Kulp, Loudenbeck, Murphy, Mursau, Nerison, A. Ott, Petryk,
Ripp, Rohrkaste, Swearingen, Tittl and Kahl. Referred to Committee on
Elections and Local Government.
1An Act to renumber
43.30 (1b) (a); and
43.30 (1b) (ae) and 43.30 (6) 2
of the statutes; relating to: authorizing certain libraries to notify collection
3agencies and law enforcement agencies of delinquent accounts.
Analysis by the Legislative Reference Bureau
Under this bill, a library may report to a collection agency or, subject to a
condition, a law enforcement agency, information about delinquent accounts of any
individual who borrows from the library or who uses the library's documents,
materials, resources, or services, including information about the number and types
of overdue materials. A library may report delinquent accounts to a law enforcement
agency only if the delinquency is at least $50. Under the bill, the information that
may be so disclosed is limited to the individual's name, contact information, and the
Under current law, unless an exception applies, records of a public library that
indicate the identity of any person who borrows or uses the library's documents or
other materials, resources, or services may not be disclosed. The exceptions are: 1)
records disclosed pursuant to a court order; 2) records disclosed to the library's staff
acting within the scope of their duties; 3) records disclosed by consent of the subject
of the records; 4) records disclosed to a custodial parent of the subject of the records;
5) records disclosed to another public library for purposes of borrowing materials for
the subject of the record; and 6) records disclosed to law enforcement officers under
certain limited circumstances.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
43.30 (1b) (a) of the statutes is renumbered 43.30 (1b) (ag).
43.30 (1b) (ae) of the statutes is created to read:
(ae) "Collection agency" has the meaning given in s. 218.04 (1) (a).
43.30 (6) of the statutes is created to read:
(a) Subject to par. (b) and notwithstanding sub. (1m), a library that 6
is supported in whole or in part by public funds may report the following information 7
as provided in par. (c):
1. Information about delinquent accounts of any individual who borrows or 9
uses the library's documents or other materials, resources, or services.
2. The number and type of documents or materials that are overdue for each 11
individual about whom information is submitted under subd. 1.
(b) If a public library discloses information as described in par. (a), the 13
information shall be limited to the individual's name, contact information, and the 14
amount owed to the library.
(c) A library may report the information as described in par. (a) to any of the 16
1. A collection agency.
2. A law enforcement agency, but only if the dollar value of the individual's 19
delinquent account is at least $50.
(1) This act first applies to delinquent amounts that accrue on the effective date 2
of this subsection.