PRINTER'S NO. 3408
No. 2491 Session of 2000
INTRODUCED BY RAYMOND, BARRAR, BELARDI, BELFANTI, BENNINGHOFF,
BUNT, CAPPABIANCA, CIVERA, CLARK, CLYMER, M. COHEN,
COLAFELLA, CORRIGAN, COSTA, DALLY, DeLUCA, FEESE, FLICK,
FRANKEL, GEIST, HARHAI, HERSHEY, HUTCHINSON, JAMES, KAISER,
KENNEY, LaGROTTA, LAUGHLIN, LUCYK, MANN, MARSICO, MAYERNIK,
McGILL, McILHINNEY, McNAUGHTON, MELIO, MYERS, ORIE, PETRARCA,
PLATTS, PRESTON, RAMOS, READSHAW, ROHRER, ROONEY, SCHRODER,
SEMMEL, SEYFERT, SHANER, SNYDER, SOLOBAY, STABACK, STERN,
E. Z. TAYLOR, TIGUE, TRELLO, TULLI, WILT, WOJNAROSKI, WRIGHT
AND YOUNGBLOOD, APRIL 24, 2000
REFERRED TO COMMITTEE ON EDUCATION, APRIL 24, 2000
AN ACT
1 Requiring libraries to establish a program to monitor and
2 control Internet access by users; establishing the Internet
3 Content Control Software Fund and its funding source; and
4 providing for powers and duties of the Department of
5 Education.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Library
10 Information Access Act.
11 Section 2. Declaration of policy.
12 The General Assembly finds and declares as follows:
13 (1) Free access to information is an essential
14 ingredient in a free and democratic society.
15 (2) Free access to information is a hallmark of our
1 society, distinguishing it from some others in the world
2 which do not enjoy the freedoms that American citizens too
3 often take for granted.
4 (3) Libraries serve as a focal point in communities
5 throughout this Commonwealth where free information is
6 available for people of all ages to learn, read, study and
7 connect with a vast wealth of information, entertainment and
8 knowledge from a wide variety of sources.
9 (4) The wealth of information contained at libraries has
10 expanded exponentially with the advent of the Internet.
11 (5) Libraries may be the only source of access to the
12 Internet for some members of society.
13 (6) Various organizations and advertisers make
14 available, via the Internet, information advocating drug,
15 alcohol and tobacco use and obscene materials, pornography
16 and materials harmful to child Internet users.
17 (7) There is a need to balance the goal of providing
18 free access to educationally suitable information sources on
19 the Internet against the compelling need and duty to protect
20 children from sexual predators and access to obscene
21 material, pornography and harmful materials to minors.
22 (8) This act empowers the Department of Education to
23 adopt policies for the use of Internet content control
24 software to block access by minors to Internet sites that are
25 inappropriate for viewing and use.
26 Section 3. Definitions.
27 The following words and phrases when used in this act shall
28 have the meanings given to them in this section unless the
29 context clearly indicates otherwise:
30 "Acceptable use policy." A policy for Internet usage which
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1 is acceptable to and adopted by either a school board or
2 governing body of a library.
3 "Department." The Department of Education of the
4 Commonwealth.
5 "Drug." Any controlled substance as well as the substance
6 used for other than its primary purpose to alter an individual's
7 state of mind. The term includes prescription drugs when used
8 other than for their primary purpose.
9 "Gross depiction." A picture, descriptive text or audio
10 communication of any individual or anything that is crudely
11 vulgar or grossly deficient in civility or which shows
12 scatological impropriety. The term includes depictions such as
13 maiming, bloody figures or indecent depiction of bodily
14 functions.
15 "Harmful to minors." As defined in 18 Pa.C.S. § 5903
16 (relating to obscene and other sexual materials and
17 performances).
18 "Internet." The international nonproprietary computer
19 network of both Federal and non-Federal interoperable packet-
20 switched data network.
21 "Internet content control software." A special type of
22 filtering program designed to reject Internet sites not suitable
23 for minors. The software may screen sites by word content, site
24 rating or by uniform resource locator (URL), using an updated
25 database of objectionable sites or any combination of these
26 techniques for the purpose of blocking the viewing of
27 undesirable Internet content.
28 "Library." Literary and artistic institutions supported by
29 public funds, public school libraries and libraries of a public
30 institution of higher learning in which informational materials,
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1 such as books, periodicals, newspapers and recordings are kept
2 for reading, reference or lending.
3 "Obscene." As defined in 18 Pa.C.S. § 5903 (relating to
4 obscene and other sexual materials and performances).
5 "Parity nudity." Exposure of the female breast or male or
6 female buttocks, except when exposing genitalia.
7 "Pornographic." Obscene pictures, writing or other material
8 that is sexually explicit and intended to arouse sexual passion.
9 "Profanity." Obscene words or phrases.
10 "Secretary." The Secretary of Education of the Commonwealth.
11 "Violence." Extreme cruelty, physical or emotional acts
12 against any animal or person which is primarily intended to hurt
13 or inflict pain.
14 Section 4. Library Internet policies.
15 (a) Acceptable-use policy.--Within 180 days after the
16 effective date of this section, the governing body of every
17 library shall establish an acceptable-use policy for the
18 Internet. The policy shall contain provisions which:
19 (1) Are reasonably designed to prevent and prohibit any
20 child under 17 years of age from using the library's computer
21 equipment and communication services for sending, receiving,
22 viewing or downloading material, the character of which is
23 such that it is reasonably believed to be obscene,
24 pornographic or harmful to minors.
25 (2) Prohibit any person from using the library's
26 computer equipment and communications services for sending,
27 receiving, viewing or downloading material, the character of
28 which is such that it is reasonably believed to be obscene,
29 pornographic or harmful to minors.
30 (3) Establish appropriate measures to be taken against
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1 persons who willfully violate the policy.
2 (b) Content of policy.--At a minimum, each library's policy
3 shall clearly state what types of information shall be blocked
4 from user access. The policy may prohibit access by users to the
5 following:
6 (1) Obscenity.
7 (2) Gross depictions.
8 (3) Depictions of sexual acts.
9 (4) Depictions of full and partial nudity.
10 (5) Information encouraging or advocating satanic cults,
11 intolerance, militant or extremist behavior, violence or
12 profanity and the sale, consumption or production of illicit
13 drugs, alcohol or tobacco products.
14 (c) Implementation and enforcement of policy.--The governing
15 body of the library shall take such steps as it deems
16 appropriate to implement and enforce the library's policy. These
17 steps shall include, but need not be limited to, the following:
18 (1) use of software programs designed to block access by
19 persons under 17 years of age to material, the character of
20 which is such that it is reasonably believed to be obscene,
21 pornographic, or harmful to minors and to block access by any
22 person to material, the character of which is reasonably
23 believed to be obscene or pornographic;
24 (2) selection of on-line servers that block access by
25 any person to material, the character of which is such that
26 it is reasonably believed to be obscene or pornographic and
27 to block access to any child under 17 years of age to
28 material, the character of which is such that it is
29 reasonably believed to be obscene, pornographic or harmful to
30 minors; or
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1 (3) placement of computers for the use only by persons
2 17 years of age or older at locations that are restricted to
3 such persons.
4 Section 5. Grants to libraries.
5 The department may, upon written application, award grants to
6 school districts from the Internet Content Control Software Fund
7 for the purchase of Internet content control software authorized
8 by this act. A grant awarded under this section shall be subject
9 to such terms and conditions as established by the department.
10 Section 6. Internet Content Control Software Fund.
11 (a) Fund established.--There is hereby established as a
12 separate fund in the State Treasury a special fund to be known
13 as the Internet Content Control Software Fund.
14 (b) Continuing appropriation.--Within 30 days of the close
15 of any calendar month, 0.151% of tax receipts under Article II
16 of the act of March 4, 1971 (P.L.6, No.2), known as the Tax
17 Reform Code of 1971, shall be transferred into the Internet
18 Content Control Software Fund. The Department of Education shall
19 administer the fund. Moneys in the fund are hereby appropriated
20 to the Department of Education on a continuing basis for the
21 purposes of providing grants to school districts for the
22 purchase of Internet content control software.
23 Section 7. Administrator responsibilities.
24 Each library's policy shall designate a person who shall act
25 as an administrator of the program. This person shall be
26 responsible for determining which Internet sites are
27 inappropriate for use and viewing by students in that library.
28 The administrator shall also be responsible for network
29 security, installing new applications, distributing software
30 upgrades, monitoring daily activity, enforcing licensing
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1 agreements, developing a storage management program and
2 providing for routine backups.
3 Section 8. Powers and duties of department.
4 The department shall consult with and assist any library that
5 requests such assistance in the development and implementation
6 of an acceptable Internet access policy under this act.
7 Section 9. Reports.
8 (a) Copy of policy to be filed.--Within 185 days after the
9 effective date of this act, the superintendent of each school
10 district or the chief administrative officer of each library
11 shall file with the secretary a copy of the acceptable-use
12 policy of the library that has been adopted under this act. Each
13 revision to the acceptable-use policy shall be transmitted to
14 the secretary.
15 (b) Report to General Assembly.--Within 90 days after the
16 deadline for initial filing under subsection (a) and in December
17 of each subsequent year, the secretary shall submit a report to
18 the chairman and the minority chairman of the Education
19 Committee of the Senate and the chairman and minority chairman
20 of the Education Committee of the House of Representative which
21 summarizes the acceptable-use policies and any revisions thereof
22 filed with the secretary under this act.
23 Section 10. Enforcement.
24 (a) Review of acceptable-use policy.--The secretary shall
25 review each acceptable-use policy filed under this act and each
26 revision and shall disapprove any policy or revision that is not
27 reasonably designed to achieve the purposes of this act.
28 (b) Revision of policy.--Except as otherwise provided in
29 subsection (c), no revision of an acceptable-use policy shall be
30 implemented until the revision is approved by the secretary. If
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1 the secretary fails to disapprove the revision within 60 days
2 after submission, the library may proceed with the
3 implementation of the revision of its acceptable-use policy.
4 (c) Constitutional defect.--A library may cease to implement
5 any portion of its acceptable-use policy and implement a revised
6 policy immediately upon the submission of a revised policy to
7 the secretary, together with a written opinion from the
8 solicitor or other legal counsel for the public library or
9 school district advising that the revision is necessary to
10 correct a constitutional defect in the acceptable-use policy.
11 The secretary shall approve or disapprove review of a revised
12 policy submitted under this subsection within 60 days of
13 submission.
14 (d) Withholding of funding.--The secretary shall withhold
15 State funding from any library that fails to submit an
16 acceptable-use policy within the time prescribed in this act or
17 which submits an acceptable-use policy or any required revision
18 that is not reasonably designed to achieve the purposes of this
19 act.
20 Section 11. Repeal.
21 All acts and parts of acts are repealed insofar as they are
22 inconsistent with this act.
23 Section 12. Effective date.
24 This act shall take effect in 60 days.
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