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2002 SESSION

020328636
HOUSE BILL NO. 602
Offered January 9, 2002
Prefiled January 8, 2002
A BILL to amend and reenact § 42.1-36.1 of the Code of Virginia, relating to children's Internet access on library computers.
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Patrons-- Black, Abbitt, Athey, Byron, Carrico, Cole, Cosgrove, Cox, Dudley, Gear, Hargrove, Janis, Johnson, Jones, S.C., Lingamfelter, Marrs, Marshall, D.W., Marshall, R.G., McDonnell, Nutter, O'Brien, Oder, Putney, Rapp, Reid, Saxman, Sears, Stump and Welch; Senators: Martin, Miller, K.G., Quayle, Rerras and Williams
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Referred to Committee on Science and Technology
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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; children's Internet protection.

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 which that (ia) 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, (iib) seek to prevent access by library patrons under the age of eighteen to material which that is harmful to juveniles, and (iiic) 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.

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 which summarizes the acceptable use policies filed with the Librarian pursuant to this section and the status thereof.

D. In addition to the foregoing requirements regarding public library Internet use policies, the library board or governing body of a library shall select and install on those computers that are accessible to children and have Internet access a technology to filter or block Internet access through such computers to child pornography as set out in § 18.2-374.1C1, obscenity as defined in § 18.2-372 and materials deemed harmful to juveniles as defined in § 18.2-390. The library board or governing body shall include certification of the compliance with this subsection in its filing with the Librarian of Virginia pursuant to subsection A.