STAND. COM. REP. NO. 922-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: S.B. No. 2466
                                     S.D. 1
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Education, to which was referred S.B. No.
2466, S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO COMPUTER ACCESS BY MINORS,"

begs leave to report as follows:

     The purpose of this bill is to require the Board of
Education to adopt a policy to prevent minors from gaining access
to pornography on public access computers.

     Your Committee finds that the Internet contains a vast array
of information, some of which is appropriate for minors and some
of which is not.  State computers that offer access to the
Internet for the public, such as those available at public
libraries, should not be used to give minors access to
pornography.  However, constitutional rights of the adults who
use these computers must also be considered in establishing any
policy that would restrict Internet access.

     Testimony in favor of the bill was received from the Police
Department of the City and County of Honolulu, the Hawaii
Catholic Conference, the Hawaii Family Forum, and two
individuals.  The Superintendent of Education testified in
support of the intent of the bill.  Testimony in opposition was
received from the State Librarian, three individual librarians,
and the Hawaii Library Association.

 
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     Your Committee has amended the bill by requiring that the
policy be adopted pursuant to chapter 91, Hawaii Revised
Statutes, the Administrative Procedure Act, but exempt from the
public hearing and public notice requirements for rulemaking.
This will ensure that the rules are put into place on an
expedited basis.  Your Committee has also amended the bill by
changing the date for the Board to adopt the policy to January 1,
2001, instead of 2002, including computers regularly used in
public schools by a student as a public access computer, and by
making technical nonsubstantive amendments for purposes of style.

     As affirmed by the record of votes of the members of your
Committee on Education that is attached to this report, your
Committee is in accord with the intent and purpose of S.B. No.
2466, S.D. 1, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as S.B. No. 2466, S.D.
1, H.D. 1, and be referred to the Committee on Judiciary and
Hawaiian Affairs.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Education,



                                   ______________________________
                                   KEN ITO, Chair

 
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