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2004 SESSION
042759432Be 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 whichthat, 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 (i)that (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 eighteen18 to material whichthat is harmful to juveniles, and (iii)(c)
establish appropriate measures to be taken against persons who violate the
policy. For libraries that receive state funding for any purpose, the
policy shall also contain provisions on selecting and installing on those
computers that have Internet access a technology protection measure to filter
or block Internet access through such computers to child pornography as set out
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. 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 eighteen18 to material whichthat is harmful to
juveniles or (c) both; (ii) charging library employees to casually monitor patrons' Internet use; or (iii) installing
privacy screens on computers whichthat access the Internet. For libraries that
receive state funding for any purpose, the library board or governing body shall select and install on
those computers that have Internet access a technology protection measure as required by the policy
established pursuant to subsection A.
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.