Pornography; On-Line Access

Requires the board of education to develop policy to prohibit or
limit access by children to on-line pornography in public schools
and public libraries.  (SB2466 HD1)

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THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                H.D. 1
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The board of education, in consultation with the
 2 superintendent of education and the state librarian, shall adopt
 3 a policy pursuant to chapter 91, to prevent minors from gaining
 4 access on any public access computer to material that is
 5 pornographic for minors.  The process shall be exempt from the
 6 public hearing and public notice requirements of chapter 91.  The
 7 board shall adopt a policy, no later than January 1, 2001, to
 8 address the growing public concerns expressed to the legislature
 9 during the 2000 legislative session regarding this issue, and
10 shall expand and improve upon the Internet acceptable use policy
11 proposed by the board on February 23, 2000.  The board shall also
12 consider the use of additional technology or services necessary
13 to ensure compliance with that policy.
14      The board shall consider the constitutional protections on
15 free speech set forth in Reno v. ACLU, 521 U.S. 844 (1997), and
16 other relevant cases, in developing its policy.  The board shall
17 ensure that adult use of public access computers is not
18 unconstitutionally limited at any library branch.  In addition,

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 1 the board may consider mechanisms that include but are not
 2 limited to the following:
 3      (1)  For library branches with more than one public access
 4           computer, providing one or more filtered public access
 5           computers for use by minors in addition to one or more
 6           separate, unfiltered public access computers for use by
 7           adults; and
 8      (2)  Creating a parental permission form to allow parents or
 9           guardians to give permission for their minor children
10           to use an unfiltered public access computer.
11      SECTION 2.  For the purposes of this Act, "pornographic for
12 minors" has the same meaning as defined in section 712-1210(7),
13 Hawaii Revised Statutes, and "public access computer" means a
14 computer regularly used in public schools by a student or one
15 that:
16      (1)  Is located in a public library;
17      (2)  Is available for use by members of the public; and
18      (3)  Is connected to any computer communication system.
19      SECTION 3.  The board of education, in consultation with the
20 superintendent of education and the state librarian, shall submit
21 a report to the legislature prior to the convening of the 2001
22 regular session, regarding the adoption and implementation of

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                                     S.B. NO.           S.D. 1
                                                        H.D. 1

 1 this policy, any public response to the policy, any additional
 2 resources necessary to implement the policy, and any legislation
 3 necessary to support or enforce the policy.
 4      SECTION 4.  This Act shall take effect upon its approval.

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