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2002 SESSION
020329826Be 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, 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 international network of computer systems commonly
known as the Internet. At a minimum, the policy shall contain provisions
whichthat (i)(a) 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)(b)
seek to prevent access by library patrons under the age of eighteen to material
whichthat is harmful to juveniles, and (iii)(c) establish appropriate
measures to be taken against persons who violate the policy. 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. Any public-owned system that accesses the Internet shall
be considered a non-public forum, and accordingly, the library board or the
governing body may take such steps as it deems necessary to limit library
access to the Internet.
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 to material which 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 access the Internet.
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 whichthat summarizes the acceptable use
policies filed with the Librarian pursuant to this section and the status thereof.