SB1393: Libraries; state funded shall have technology protection measures against Internet restrictions.
Be it enacted by the General Assembly of Virginia:
1. That § 42.1-36.1 of the Code of Virginia is amended and reenacted as follows:
§ 42.1-36.1. Power and duty of library boards and certain governing bodies regarding acceptable Internet use policies.
A. On or before December 1, 1999, and biennially thereafter,
(i) every library board established pursuant to § 42.1-35 or (ii) the governing
body of any county, city, or town which that,
pursuant to § 42.1-36, has not established a library board pursuant to §
42.1-35, shall file with the Librarian of Virginia an acceptable use policy for
the Internet. At a minimum, the policy shall contain provisions which that
(i) are designed to prohibit use by library employees and patrons of the
library's computer equipment and communications services for sending,
receiving, viewing, or downloading illegal material via the Internet, (ii) seek
to prevent access by library patrons under the age of eighteen 18
to material which that
is harmful to juveniles, and (iii) establish appropriate measures to be taken
against persons who violate the policy. For libraries established
under § 42.1-33, the policy shall also contain provisions on
selecting and installing on those computers that are accessible to the public
and have Internet access a technology protection measure to filter or block
Internet access through such computers to child pornography as defined in §
18.2-374.1:1, obscenity as defined in § 18.2-372, and, with respect to minors,
materials deemed harmful to juveniles as defined in § 18.2-390. Such
policy shall provide that a person authorized by the library board shall
disable the technology protection measure required by this section at the
request of a patron to enable access for bona fide research or other lawful
purposes.
The library board or the governing body may include such other terms, conditions, and requirements in the library's policy as it deems appropriate, such as requiring written parental authorization for Internet use by juveniles or differentiating acceptable uses between elementary, middle, and high school students.
B. The library board or the governing body shall take such
steps as it deems appropriate to implement and enforce the library's policy
which may include, but are not limited to, (i) the use of software programs
designed to block access by (a) library employees and patrons to illegal
material or (b) library patrons under the age of eighteen 18
to material which that
is harmful to juveniles or (c) both; (ii) charging library employees to
casually monitor patrons' Internet use; or (iii) installing privacy screens on
computers which that access
the Internet. For libraries established under §
42.1-33, the library board or governing body shall select
and install on those computers that are accessible to the public and have
Internet access a technology protection measure as required by the policy
established pursuant to subsection A. No
state funding shall be withheld and
not other adverse action against a library by the Librarian of
Virginia or any other official of state government when the
technology protection measure fails due to no fault of the library
board or the governing body, provided that such library board or governing body
promptly has taken reasonable steps to rectify the failure and
to prevent such failures in the future.
C. On or before December 1, 2000, and biennially thereafter, the Librarian of Virginia shall submit a report to the Chairmen of the House Committee on Education, the House Committee on Science and Technology, and the Senate Committee on Education and Health which summarizes the acceptable use policies filed with the Librarian pursuant to this section and the status thereof.