LRB-1873/1
MDK:cjs:km
2001 - 2002 LEGISLATURE
February 1, 2001 - Introduced by Representatives Huebsch, Pettis, Ainsworth,
Albers, Gunderson, Gundrum, Kedzie, Krawczyk, Ladwig, F. Lasee, Leibham,
Lippert, Petrowski, Starzyk, Stone, Suder, Urban and Vrakas. Referred to
Committee on Information Policy and Technology.
AB50,1,4
1An Act to amend 44.72 (2) (d) and 119.04 (1); and
to create 44.70 (3c) and (3e),
244.73 (7) and 120.12 (27) of the statutes;
relating to: requiring certain school
3boards and districts to provide Internet management software or services on
4computers connected to the Internet.
Analysis by the Legislative Reference Bureau
Under current law, the technology for educational achievement in Wisconsin
board (TEACH board) administers an educational telecommunications access
program under which certain educational agencies, including school districts, are
provided assistance in obtaining access to data lines and video links. The TEACH
board also administers a program that awards grants to school districts that may be
used for educational technology.
This bill provides that a school district is not eligible for assistance under the
educational telecommunications program unless the school district provides
software or services on its computers that filters or blocks access to material on the
Internet that is harmful to children. "Harmful to children" is defined as that quality
of any description, narrative account, or representation of nudity, sexually explicit
conduct, sexual excitement, sadomasochistic abuse, physical torture, or brutality
that does each of the following: 1) predominantly appeals to the prurient, shameful,
or morbid interest of children; 2) is patently offensive to prevailing standards in the
adult community as a whole with respect to what is suitable for children; and 3) lacks
serious literary, artistic, political, scientific, or educational value for children, when
taken as whole. A school district must provide the software or services on all
computers owned by the school district, connected to the Internet, and used by
children. The bill allows a school district to use an educational technology grant to
obtain the software or services.
This bill also requires a school board to provide the software or services
described above on all computers owned by the school board, connected to the
Internet, and used by children.
For further information see the state and 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:
AB50, s. 1
1Section
1. 44.70 (3c) and (3e) of the statutes are created to read:
AB50,2,62
44.70
(3c) "Harmful to children" means that quality of any description,
3narrative account, or representation, in whatever form, of nudity, as defined in s.
4948.11 (1) (d), sexually explicit conduct, sexual excitement, as defined in s. 948.11 (1)
5(f), sadomasochistic abuse, physical torture, or brutality, that does all of the
6following:
AB50,2,87
a. Predominantly appeals to the prurient, shameful, or morbid interest of
8children.
AB50,2,109
b. Is patently offensive to prevailing standards in the adult community as a
10whole with respect to what is suitable for children.
AB50,2,1211
c. Lacks serious literary, artistic, political, scientific, or educational value for
12children, when taken as a whole.
AB50,2,15
13(3e) "Internet management software or services" means software or services
14that are used to filter or block access to material on the Internet that is harmful to
15children.
AB50, s. 2
16Section
2. 44.72 (2) (d) of the statutes is amended to read:
AB50,3,317
44.72
(2) (d) A school district receiving a grant under par. (b) shall deposit the
18moneys in a separate fund. The moneys may be used for any purpose related to
1educational technology,
including obtaining the Internet management software or
2services specified in s. 44.73 (7), except that a school district may not use the moneys
3to pay the salary or benefits of any school district employee.
AB50, s. 3
4Section
3. 44.73 (7) of the statutes is created to read:
AB50,3,85
44.73
(7) A school district is not eligible to participate in the program
6established under under sub. (1) or to receive a grant under sub. (6) unless the school
7district provides Internet management software or services on all computers that are
8owned by the school district, connected to the Internet, and used by pupils.
AB50, s. 4
9Section
4. 119.04 (1) of the statutes is amended to read:
AB50,3,1710
119.04
(1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
11115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38
12(2), 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.10, 118.12, 118.125 to
13118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18,
14118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.291,
15118.30 to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to
(26) (27), 120.125,
16120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35) and (37), 120.14 and
17120.25 are applicable to a 1st class city school district and board.
AB50, s. 5
18Section
5. 120.12 (27) of the statutes is created to read:
AB50,3,2019
120.12
(27) Internet management software and services. (a) In this
20subsection:
AB50,3,2421
1. "Harmful to children" means that quality of any description, narrative
22account, or representation, in whatever form, of nudity, as defined in s. 948.11 (1) (d),
23sexually explicit conduct, sexual excitement, as defined in s. 948.11 (1) (f),
24sadomasochistic abuse, physical torture, or brutality, that does all of the following:
AB50,4,2
1a. Predominantly appeals to the prurient, shameful, or morbid interest of
2children.
AB50,4,43
b. Is patently offensive to prevailing standards in the adult community as a
4whole with respect to what is suitable for children.
AB50,4,65
c. Lacks serious literary, artistic, political, scientific, or educational value for
6children, when taken as a whole.
AB50,4,97
2. "Internet management software or services" means software or services that
8are used to filter or block access to material on the Internet that is harmful to
9children.
AB50,4,1110
(b) Provide Internet management software or services on all computers that
11are owned by the school board, connected to the Internet, and used by pupils.
AB50,4,1413
(1)
This act takes effect on first day of the 13th month beginning after
14publication.
