LRB-4828/1
SWB:emw
2023 - 2024 LEGISLATURE
November 7, 2023 - Introduced by Senators Roys,
Agard, Hesselbein and Smith,
cosponsored by Representatives
Emerson, Considine, Sinicki, Ohnstad,
Conley, Bare, Shelton, Ratcliff, Clancy, Baldeh, Joers, Palmeri, Drake,
Moore Omokunde, Madison and Jacobson. Referred to Committee on
Government Operations.
SB615,1,5
1An Act to create 20.935 of the statutes;
relating to: prohibiting certain
2restrictions by state agencies and local governmental units on access to books
3and other media and prohibiting public funding for a library, school, or
4institution of higher learning that has certain restrictions on access to books
5and other media.
Analysis by the Legislative Reference Bureau
This bill provides that no library, public or private elementary or secondary
school, or institution of higher education is eligible for receipt of state or local funds
if the entity prohibits, bans, or unreasonably restricts access to any book or other
media based upon 1) partisan or doctrinal disapproval or 2) the origin, background,
or views of those contributing to the creation of the book or other media. The bill also
provides that no state agency or local governmental unit may prohibit, ban, or
unreasonably restrict access to any book or other media on these bases. The
provisions of the bill do not apply to any age-based restriction on obscene or
pornographic material and do not apply to prison libraries operated by the
Department of Corrections; libraries in jails, Type 1 juvenile correctional facilities,
juvenile detention facilities, or secured residential care centers for children and
youth; or libraries in institutions operated by the Department of Health Services.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB615,1
1Section
1. 20.935 of the statutes is created to read:
SB615,2,3
220.935 Prohibitions on funding for entities enforcing book bans. (1) 3In this section:
SB615,2,74
(a) “Institution of higher education” means an institution or college campus
5within the University of Wisconsin System, a technical college within the technical
6college system, or a private, nonprofit institution of higher education located in this
7state.
SB615,2,88
(b) “Library” has the meaning given in s. 943.61 (1) (b).
SB615,2,129
(c) “Local governmental unit" means a political subdivision of this state, a
10special purpose district in this state, an agency or corporation of a political
11subdivision or special purpose district, or a combination or subunit of any of the
12foregoing.
SB615,2,1313
(d) “State agency” has the meaning given in s. 20.931 (1) (c).
SB615,2,18
14(2) No library, public or private elementary or secondary school, or institution
15of higher education shall be eligible for receipt of funds of this state or of any local
16governmental unit if the library, public or private elementary or secondary school,
17or institution of higher education prohibits, bans, or unreasonably restricts access
18to any book or other media based upon any of the following:
SB615,2,1919
(a) Partisan or doctrinal disapproval.
SB615,2,2120
(b) The origin, background, or views of the person or persons contributing to
21the creation of the book or other media.
SB615,3,3
1(3) No state agency or local governmental unit may prohibit, ban, or
2unreasonably restrict access to any book or other media based upon any of the
3following:
SB615,3,44
(a) Partisan or doctrinal disapproval.
SB615,3,65
(b) The origin, background, or views of the person or persons contributing to
6the creation of the book or other media.
SB615,3,7
7(4) Subsections (2) and (3) do not apply to any of the following:
SB615,3,88
(a) Age-based restrictions on obscene or pornographic material.
SB615,3,129
(b) Prison libraries operated by the department of corrections; libraries in jails,
10Type 1 juvenile correctional facilities, as defined in s. 938.02 (19), juvenile detention
11facilities, or secured residential care centers for children and youth; or libraries in
12institutions operated by the department of health services.
