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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 15
February 7, 2023 - Introduced by Representatives TITTL, SORTWELL, ALLEN,
BINSFELD, GOEBEN, GREEN, GUNDRUM, MAGNAFICI, MURPHY, PENTERMAN,
SCHRAA, TUSLER, WICHGERS and BODDEN, cosponsored by Senators JACQUE,
QUINN and TOMCZYK. Referred to Committee on Education.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 119.04 (1); and to create 43.75 and 118.073 of the statutes;
relating to: pupil or minor access to harmful material in public libraries and
to harmful material or offensive material in public schools.
Analysis by the Legislative Reference Bureau
This bill requires public libraries and public schools, including charter schools,
to take steps to prevent pupils and minors from accessing harmful material on
computers. Under the bill, “harmful material” is defined as 1) any picture,
photograph, drawing, sculpture, motion picture film, or similar visual
representation or image of a person or portion of the human body that depicts nudity,
sexually explicit conduct, sadomasochistic abuse, physical torture, or brutality and
that is harmful to children; or 2) any book, pamphlet, magazine, printed matter
however reproduced or recording that contains matter described in item 1, or explicit
and detailed verbal descriptions or narrative accounts of sexual excitement, sexually
explicit conduct, sadomasochistic abuse, physical torture, or brutality and that,
taken as a whole, is harmful to children.
The bill requires any public library that provides a public access computer and
any school board or independent charter school to do at least one of the following with
respect to the public access computer or school computer to which pupils and minors
have access: 1) equip the computer with software that will limit a pupil's or minor's
ability to gain access to harmful material; 2) purchase Internet connectivity from an
Internet service provider that provides filter services to limit access to harmful
material; or 3) develop and implement a policy that establishes measures to keep
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ASSEMBLY BILL 15
pupils and minors from gaining access to harmful material. Under the bill, a public
library or public school may allow a pupil or minor to access harmful material on the
Internet if the parent or guardian of the pupil or minor consents to that access.
Beginning in the 2024-25 school year, the bill requires each school board and
operator of an independent charter school to adopt a policy that specifies criteria for
determining whether certain material is offensive material, which, under the bill,
means the material is offensive to prevailing standards in the adult community with
respect to what is suitable for children. Under the bill, if a public school pupil will
view or otherwise have access to offensive material as part of classroom instruction,
the school must provide the parent or guardian of the pupil with an outline of the
curriculum and a summary of the instructional materials that contain the offensive
material, information regarding how the parent or guardian may inspect the
complete curriculum and instructional materials, and an explanation of the
exemption available to parents and guardians under the bill. The bill requires each
public school to make the complete curriculum and all instructional materials
available for inspection by parents or guardians upon request. Under the bill, no
pupil may be required to take any such instruction if the pupil's parent or guardian
files with the teacher or school principal a written request that the pupil be
exempted. Finally, the bill provides that no public school or public school employee
may show or provide to any pupil offensive material for which the school did not
follow the requirements under the bill regarding parental notice and opportunity to
exempt pupil participation.
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:
SECTION 1. 43.75 of the statutes is created to read:
43.75 Responsibilities of public libraries with a public access
computer. (1) In this section:
(a) “Harmful material” has the meaning given in s. 948.11 (1) (ar).
(b) “Public access computer” means a computer that is all of the following:
1. Located in an elementary or secondary public school or public library.
2. Frequently or regularly used directly by a minor.
3. Connected to a computer communication system.
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(2) A public library that provides a public access computer shall ensure that
minors do not have access to harmful material on the Internet through use of the
public access computer by doing at least one of the following:
(a) Equipping each public access computer with software that will limit a
minor's ability to gain access to harmful material.
(b) Purchasing Internet connectivity for each public access computer from an
Internet service provider that provides filter services to limit access to harmful
material.
(c) Developing and implementing by January 1, 2024, a policy that establishes
measures to restrict minors from gaining computer access to harmful material.
(3) Notwithstanding sub. (2), a public library that provides a public access
computer may allow a minor to access harmful material on the Internet if the parent
or guardian of the minor consents to that access.
SECTION 2. 118.073 of the statutes is created to read:
118.073 Limiting pupil and minor access to harmful material. (1) In
this section:
(a) “Harmful material” has the meaning given in s. 948.11 (1) (ar).
(b) “Offensive material” means any of the following that a school board or
operator of a charter school under s. 118.40 (2r) or (2x) determines is patently
offensive to prevailing standards in the adult community as a whole with respect to
what is suitable for children:
1. Any picture, photograph, drawing, sculpture, motion picture film or similar
visual representation or image of a person or portion of the human body that depicts
nudity, as defined in s. 948.11 (1) (d), sexually explicit conduct, sadomasochistic
abuse, physical torture or brutality.
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SECTION 2 ASSEMBLY BILL 15
2. Any book, pamphlet, magazine, printed matter however reproduced or
recording that contains any matter enumerated in subd. 1., or explicit and detailed
verbal descriptions or narrative accounts of sexual excitement, as defined in s. 948.11
(1) (f), sexually explicit conduct, sadomasochistic abuse, physical torture or brutality.
(2) (a) A school board or the operator of a charter school under s. 118.40 (2r) or
(2x) shall ensure that pupils and minors do not have access to harmful material on
the Internet by doing at least one of the following:
1. Equipping each computer to which a pupil or minor has access with software
that will limit the pupil's or minor's ability to gain access to harmful material.
2. Purchasing Internet connectivity for each computer to which a pupil or minor
has access from an Internet service provider that provides filter services to limit
access to harmful material.
3. Developing and implementing by January 1, 2024, a policy that establishes
measures to restrict pupils and minors from gaining computer access to harmful
material.
(b) Notwithstanding par. (a), a school board or the operator of a charter school
under s. 118.40 (2r) or (2x) may allow a pupil or minor to access harmful material on
the Internet if the parent or guardian of the pupil or minor consents to that access.
(3) Beginning in the 2024-25 school year, each school board and operator of a
charter school under s. 118.40 (2r) or (2x) shall adopt a policy specifying criteria that
the school board or operator will use to determine whether an item described under
sub. (1) (b) 1. or 2. is an offensive material.
(4) Beginning in the 2024-25 school year, if a pupil will view or otherwise have
access to offensive material as part of classroom instruction in a public school,
including a charter school, the school board or the operator of the charter school
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under s. 118.40 (2r) or (2x) shall provide the parent or guardian of the pupil with an
outline of the curriculum and a summary of the instructional materials that contain
the offensive material, information regarding how the parent or guardian may
inspect the complete curriculum and instructional materials, and an explanation of
the exemption under sub. (5). The school board or operator shall make the complete
curriculum and all instructional materials available for inspection by a parent or
guardian upon request at any time, including prior to their use in the classroom.
(5) Beginning in the 2024-25 school year, no pupil may be required to take any
instruction subject to sub. (4) if the pupil's parent or guardian files with the teacher
or school principal a written request that the pupil be exempted.
(6) Beginning in the 2024-25 school year, no school board, operator of a charter
school under s. 118.40 (2r) or (2x), or employee of a school board or operator may show
or provide to any pupil offensive material for which the school board or operator did
not follow the requirements under subs. (4) and (5).
SECTION 3. 119.04 (1) of the statutes is amended to read:
119.04 (1) Subchapters IV, V, and VII of ch. 115, ch. 121, and ss. 66.0235 (3) (c),
66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
115.345, 115.363, 115.364, 115.365 (3), 115.366, 115.367, 115.38 (2), 115.415, 115.445,
118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, to 118.076, 118.10, 118.12,
118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164,
118.18, 118.19, 118.196, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and
(10), 118.245, 118.25, 118.255, 118.258, 118.291, 118.292, 118.293, 118.2935, 118.30
to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m),
(5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34),
(35), (37), (37m), and (38), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are
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SECTION 3 ASSEMBLY BILL 15
applicable to a 1st class city school district and board but not, unless explicitly
provided in this chapter or in the terms of a contract, to the commissioner or to any
school transferred to an opportunity schools and partnership program.
SECTION 4.0Effective dates. This act takes effect on the day after publication,
except as follows:
(1) The treatment of ss. 43.75 and 118.073 (2) takes effect on the first day of the
6th month beginning after publication.
(END)
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