(a) Any material, whether written, visual, video, or audio representation or reproduction, other than written material, that depicts any of the following:
(a)1. Human sexual behavior.
(b) 2. Sadomasochistic abuse, including but not limited to flagellation, bondage, brutality to or mutilation or physical torture of a human being.
(c) 3. Unnatural preoccupation with human excretion.
(d) Nudity which appeals to the prurient interest in sex.
(e)4. Nudity which is not part of any published
photograph or printed material, such as a personal nude photograph.
(f) 5. Nudity of any person who has not attained the age of 18.
SECTION 4. DOC 309.02 (16) (b) and (c) are created to read:
DOC 309.02(16) (b) A publication that features nudity.
(c) Written material which the average person, applying state contemporary community standards, would find, when taken as a whole does all of the following:
1. Appeals to the prurient interest.
2. Describes human sexual behavior in a patently offensive way.
3. Lacks serious literary, artistic, political, educational, or scientific value.
SECTION 5. DOC 309.04 (4) (c) 8. a. is amended to read:
a. Is, in whole or in part, pornography.
Initial Regulatory Flexibility Analysis
These rules are not expected to have an effect on small businesses.
Fiscal Estimate
Effective December 1, 1998, the Department of Corrections (DOC) implemented rules restricting inmates' access to sexually explicit material. These rules were challenged in federal court in a class action suit brought by several inmates (Aiello v. Litscher). The defendants filed a motion for summary judgment, but it was denied by the court in language that suggested the rules were unconstitutional in their present form based on a number of federal court decisions that were reported after the rules were implemented.
In light of these developments, the parties negotiated a settlement which includes an immediate revision off the present rules to conform to the latest case law regarding the extent to which inmates' access to sexually explicit material can be restricted for legitimate penological objectives. There is no fiscal impact expected as a result of these changes.
Contact Person:
Julie M. Kane (608) 267-9839
Office of Legal Counsel
149 East Wilson Street
P.O. Box 7925
Madison, Wisconsin 53707-7925
If you are hearing or visually impaired, do not speak English, or have circumstances which might make communication at the hearing difficult and if you, therefore, require an interpreter or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written Comments:
Written comments on the proposed rules received at the above address no later than May 18, 2001 will be given the same consideration as testimony presented at the hearing.
Submission of proposed rules to the legislature
Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade and Consumer Protection
(CR 99-151)
Ch. ATCP 81 - Relating to cheese grading, packaging and labeling.
Ch. Comm 33 - Relating to tramways, lifts and tows.
Chs. Ins 13 and 50 - Relating to town mutual insurance.
Ch. Ins 25 - Relating to privacy of personal information.
SS. LES 1.03 and 3.07 - Relating to model standards for law enforcement vehicular pursuits and for related training.
Ch. NR 754 -- Relating to environmental insurance requirements for liability exemptions for voluntary remediation.
Ch. NR 51 -- Relating to the stewardship program.
Chs. RL 110-114 -- Relating to the regulation of professional boxing.
Ch. Trans 158 - Relating to placement of Wisconsin-issued motor vehicle identification numbers (VINs).
Rule orders filed with the
revisor of statutes bureau
The following administrative rule orders have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication date of these rules could be changed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rule orders.
An order to amend, repeal, recreate and create ch. HFS 133, relating to home health agency licensing.
Effective 5-1-01
An order to amend, repeal, recreate and create ch. NR 233, relating to effluent limitations and pretreatment standards for the pesticide chemicals industry.
Effective 6-1-01
An order to amend, repeal, recreate and create ch. NR 252, relating to effluent limitations and pretreatment standards for the leather tanning and finishing industry.
Effective 6-1-01
An order to create s. NR 19.40, to implement the department's authority to void local hunting, fishing, and trapping ordinances.
Effective 6-1-01
An order to create s. Phar 7.015, relating to delegation of duties by a pharmacist.
Effective 5-1-01
An order to amend s. Phar 7.01 (3), relating to supervising pharmacy interns.
Effective 5-1-01
An order to amend ch. RL 133, relating to home inspector examination and continuing education requirements.
Effective 5-1-01
Public notice
Department of Workforce Development
2001 Child Care Copay Schedule - effective April 29, 2001
