PRIOR PRINTER'S NO. 3103 PRINTER'S NO. 3869
No. 2262 Session of 2003
INTRODUCED BY EGOLF, ARMSTRONG, BALDWIN, BARRAR, BASTIAN, BEBKO- JONES, BENNINGHOFF, BIRMELIN, BOYD, BROWNE, CLYMER, COLEMAN, CRAHALLA, CREIGHTON, DALLY, DeLUCA, DENLINGER, FLICK, FORCIER, GEIST, GEORGE, GOOD, GOODMAN, HARHAI, HARRIS, HENNESSEY, HERMAN, HERSHEY, HESS, HICKERNELL, HORSEY, HUTCHINSON, KELLER, KENNEY, KIRKLAND, KOTIK, LAUGHLIN, LEDERER, LYNCH, MAITLAND, MARSICO, MELIO, METCALFE, MICOZZIE, PAYNE, PICKETT, REICHLEY, ROHRER, SATHER, SCAVELLO, SCHRODER, STERN, E. Z. TAYLOR, THOMAS, TIGUE, TRUE, WATSON, WILT, YOUNGBLOOD, CORRIGAN AND KILLION, DECEMBER 16, 2003
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 12, 2004
AN ACT 1 Providing for protection of children from obscene material, 2 child pornography and other unsuitable material MATERIAL THAT <-- 3 IS HARMFUL TO MINORS on the Internet in public schools and 4 public libraries; AND providing for the duties of the <-- 5 Secretary of Education.; and establishing a remedy. <-- 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 Child 10 Internet Protection Act. 11 Section 2. Declaration of policy. 12 The General Assembly finds and declares as follows: 13 (1) The Commonwealth has a compelling interest and duty 14 to protect children from exposure to obscenity, child 15 pornography and other material THAT IS harmful to minors. <--
1 (2) The Commonwealth has a compelling interest in 2 preventing any user from accessing obscene material and child 3 pornography within a public school or public library setting. 4 (3) There is a need to balance the goal of providing 5 free access to educationally suitable information sources on 6 the Internet against the compelling need and duty to protect 7 children from contact with sexual predators and from access 8 to obscene material, child pornography and material harmful 9 to children. 10 (4) The Commonwealth has a compelling interest and duty <-- 11 to protect children against the adverse secondary effects of 12 permitting Internet access to obscenity, child pornography 13 and material harmful to minors available within a public 14 library setting since the availability of such material will 15 attract pedophiles and other sexually disturbed persons who 16 present a danger to children. 17 (5) Pornography in a public library or school setting 18 can create a hostile environment constituting sexual 19 harassment. 20 (6) The Commonwealth has a compelling interest and duty 21 to take reasonable steps to prevent the creation of a hostile 22 environment in public schools and libraries and to prevent 23 the sexual harassment of students, library patrons, library 24 staff and other persons. 25 Section 3. Definitions. 26 The following words and phrases when used in this act shall 27 have the meanings given to them in this section unless the 28 context clearly indicates otherwise: 29 "Acceptable-use policy." A policy for Internet usage that 30 meets the requirements of this act which is acceptable to and 20030H2262B3869 - 2 -
1 adopted by a school board or a governing body of a public 2 library. 3 "Aggrieved parent or guardian." The parent or guardian of: <-- 4 (1) A student who attends a public school within a 5 school district that is the subject of the enforcement action 6 authorized under this act. 7 (2) A child under 17 years of age who has library 8 privileges at a public library that is the subject of an 9 enforcement action authorized under this act. 10 "Child pornography." As described in 18 Pa.C.S. § 6312 11 (relating to sexual abuse of children). 12 "Department." The Department of Education of the 13 Commonwealth. 14 "Harmful to minors." As defined in 18 Pa.C.S. § 5903 15 (relating to obscene and other sexual materials and 16 performances). 17 "Internet." the International network of computer systems. 18 "Obscene." As defined for purposes of "obscene materials" in 19 18 Pa.C.S. § 5903 (relating to obscene and other sexual 20 materials and performances). 21 "Public library." A county or local library that receives 22 State aid pursuant to Article III of the act of June 14, 1961 23 (P.L.324, No.188), known as The Library Code. 24 "School board." The board of directors of a school district <-- 25 or the board of trustees of a charter school. 26 "School district." All school districts under the act of 27 March 10, 1949 (P.L.30, No.14), known as the Public School Code 28 of 1949, and all charter schools established under Article XVII- 29 A of the Public School Code of 1949. ENTITY. <-- 30 "SCHOOL ENTITY." A PUBLIC SCHOOL DISTRICT, CHARTER SCHOOL, 20030H2262B3869 - 3 -
1 INTERMEDIATE UNIT OR AREA VOCATIONAL-TECHNICAL SCHOOL. 2 "Secretary." The Secretary of Education of the Commonwealth. 3 Section 4. School district ENTITY Internet policies. <-- 4 (a) Acceptable-use policy.--Within 180 days after the 5 effective date of this act, each school board shall establish <-- 6 ADOPT an acceptable-use policy for the Internet. At a minimum, <-- 7 the policy shall contain provisions which are reasonably 8 designed to: 9 (1) Prevent students of the school district or any other <-- 10 person AND EMPLOYEES OF THE SCHOOL ENTITY from using any <-- 11 computer equipment and communications services owned or 12 leased by the school district for sending, receiving, viewing 13 or downloading visual depictions, the character of which is <-- 14 such that it is reasonably believed to be obscene or child 15 pornography or OF OBSCENITY, CHILD PORNOGRAPHY OR MATERIAL <-- 16 THAT IS harmful to minors and which prohibit the use of such 17 equipment and services for those purposes. 18 (2) Establish appropriate measures to be taken against 19 students and other persons SCHOOL EMPLOYEES who willfully <-- 20 violate the school district's ENTITY'S acceptable-use policy. <-- 21 (3) Provide for expedited review and resolution of a 22 claim that the policy is denying a student or other person <-- 23 SCHOOL EMPLOYEE access to material that is not within the <-- 24 prohibition of the acceptable-use policy. 25 (b) Implementation and enforcement.--The school board shall 26 take such steps as it deems appropriate to implement and enforce 27 the school district ENTITY'S policy, which shall include, but <-- 28 need not be limited to: 29 (1) use of software programs reasonably designed to 30 block access to visual depictions, the character of which is <-- 20030H2262B3869 - 4 -
1 reasonably believed to be obscene, child pornography or OF <-- 2 OBSCENITY, CHILD PORNOGRAPHY OR MATERIAL THAT IS harmful to 3 minors; or 4 (2) selection of online servers that block access to 5 visual depictions, the character of which is reasonably <-- 6 believed to be obscene, child pornography or harmful to 7 minors. 8 (c) Adoption of policy.--The school board may adopt a school 9 district policy that seeks to prevent student access to Internet 10 material which is pervasively indecent and vulgar or which is 11 not reasonably related to legitimate pedagogical concerns, as 12 specifically defined by the policy. OF OBSCENITY, CHILD <-- 13 PORNOGRAPHY OR MATERIAL THAT IS HARMFUL TO MINORS. 14 (d) (C) Copy of policy for parents or guardians.--A school <-- 15 district ENTITY shall provide, upon written request of a parent <-- 16 or guardian, a copy of the acceptable-use policy it has adopted 17 under this section ACT. <-- 18 Section 5. Public library Internet policies. 19 (a) Acceptable-use policy.--Within 180 days after the 20 effective date of this act, the governing body of every public 21 library shall establish an acceptable-use policy for the 22 Internet. The policy shall contain provisions which are 23 reasonably designed to: 24 (1) Prevent any person LIBRARY PATRONS, INCLUDING THOSE <-- 25 PATRONS UNDER 18 YEARS OF AGE AND LIBRARY EMPLOYEES from using 26 the library's computer equipment and communications services for 27 sending, receiving, viewing or downloading visual depictions, <-- 28 the character of which is reasonably believed to be obscene, 29 child pornography or OF OBSCENITY, CHILD PORNOGRAPHY OR MATERIAL <-- 30 THAT IS harmful to minors. 20030H2262B3869 - 5 -
1 (2) Establish appropriate measures to be taken against 2 persons LIBRARY PATRONS AND EMPLOYEES who willfully violate <-- 3 the policy. 4 (b) Implementation and enforcement of policy.--The governing 5 body of the public library shall take such steps as it deems 6 appropriate to implement and enforce the requirements of 7 subsection (a). These steps shall include, but need not be 8 limited to, the following: 9 (1) the use of software programs designed to block 10 access by any person to visual depictions, the character of <-- 11 which is reasonably believed to be obscene, child pornography 12 or LIBRARY PATRONS AND EMPLOYEES TO VISUAL DEPICTIONS OF <-- 13 OBSCENITY, CHILD PORNOGRAPHY OR MATERIAL THAT IS harmful to 14 minors; or 15 (2) the selection of on-line servers that block access 16 by any person to visual depictions, the character of which is <-- 17 reasonably believed to be obscene, child pornography or 18 harmful to minors. 19 (c) Appeal.--The courts shall provide for an expedited 20 review of an appeal by a party aggrieved by an adverse public 21 library decision relating to access to Internet material 22 pursuant to this act. The public library shall have the burden 23 of proof in such judicial proceeding. LIBRARY PATRONS AND <-- 24 EMPLOYEES TO VISUAL DEPICTIONS OF OBSCENITY, CHILD PORNOGRAPHY 25 OR MATERIAL THAT IS HARMFUL TO MINORS. 26 (d) (C) Immunity.--A public library shall not be subject to <-- 27 civil liability for damages to any person as a result of the 28 failure of any approved software program or approved on-line 29 server to block access to material, the character of which is <-- 30 reasonably believed to be obscene, child pornography or VISUAL <-- 20030H2262B3869 - 6 -
1 DEPICTIONS OF OBSCENITY, CHILD PORNOGRAPHY OR MATERIAL THAT IS 2 harmful to minors. Nothing in this section shall be deemed to 3 abrogate or lessen any immunity or other protection against 4 liability accorded to public libraries under existing law or 5 court decision. 6 Section 6. Consultation on acceptable-use policies. 7 The Attorney General and the secretary shall consult with and 8 assist any public library or school district ENTITY that <-- 9 requests such assistance in the development and implementation 10 of an acceptable-use policy under this act. 11 Section 7. Reports. 12 (a) Copy of policy to be filed.--Within 200 days after the 13 effective date of this act, the superintendent of each school <-- 14 district and the chief administrative officer of each public 15 EACH SCHOOL ENTITY AND PUBLIC library shall file with the <-- 16 secretary a copy of the acceptable-use policy of the school 17 district ENTITY and public library which have been adopted under <-- 18 this act. Each revision to the acceptable-use policy shall be 19 transmitted to the secretary in accordance with section 8. 20 (b) Identification of software program and online servers.-- 21 Each acceptable-use policy filed with the department shall 22 identify any software program or on-line server that is being 23 utilized to block access to material in accordance with sections 24 4(b) and 5(b). 25 (c) Report to General Assembly.--Within 90 days after the <-- 26 deadline for initial filing under subsection (a), and in 27 December of each subsequent year, the secretary shall submit a 28 report to the chairman and minority chairman of the Education 29 Committee of the Senate and the chairman and minority chairman 30 of the Education Committee of the House of Representatives which 20030H2262B3869 - 7 -
1 summarizes the acceptable-use policies and any revisions thereof 2 filed with the secretary under this act. 3 Section 8. Enforcement of public library provisions ACCEPTABLE- <-- 4 USE POLICIES. 5 (a) Review of acceptable-use policies of public libraries.-- <-- 6 The secretary shall review each acceptable-use policy filed by a 7 public library under this act and each revision thereof and <-- 8 shall approve each policy or revision that is designed to 9 achieve the requirements of section 5 and shall disapprove any 10 policy or revision that is not reasonably designed to achieve 11 the requirements of this act. Except as otherwise provided in 12 subsection (b), a public library shall implement its acceptable- 13 use policy during the review period. AND SCHOOL ENTITY UNDER <-- 14 THIS ACT AND EACH REVISION THEREOF. IF THE SECRETARY DETERMINES 15 AFTER REVIEW THAT A POLICY OR REVISION IS NOT DESIGNED TO 16 ACHIEVE THE REQUIREMENTS OF SECTION 4 OR 5, THE SECRETARY SHALL 17 PROVIDE WRITTEN NOTICE TO THE SCHOOL ENTITY OR PUBLIC LIBRARY 18 EXPLAINING THE NATURE OF SUCH NONCOMPLIANCE AND SHALL AFFORD THE 19 SCHOOL ENTITY OR PUBLIC LIBRARY A 30-DAY PERIOD FOR CORRECTING 20 ANY FAILURE TO COMPLY WITH THIS ACT. THE SECRETARY MAY PROVIDE A 21 REASONABLE EXTENSION OF TIME FOR SUBMISSION OF A REVISED 22 ACCEPTABLE-USE POLICY, ON A SHOWING OF GOOD CAUSE. 23 (b) Revision of policies of public libraries.--No revision <-- 24 of an acceptable-use policy of a public library, which has been <-- 25 approved by the secretary under subsection (a), shall be 26 implemented until such revision is approved by the secretary. If 27 the secretary fails to disapprove the revision within 60 days 28 after submission to the secretary, the SCHOOL ENTITY OR public <-- 29 library may proceed with the implementation of the revision of 30 its acceptable-use policy. 20030H2262B3869 - 8 -
1 (c) Withholding of funding from public library.--The <-- 2 secretary shall withhold State funding provided by Article III 3 of the act of June 14, 1961 (P.L.324, No.188), known as The 4 Library Code, from any public library that: SCHOOL ENTITIES AND <-- 5 PUBLIC LIBRARIES.--THE SECRETARY SHALL WITHHOLD A PORTION OF 6 STATE FUNDING TO A SCHOOL ENTITY OR PUBLIC LIBRARY IF THE SCHOOL 7 ENTITY OR PUBLIC LIBRARY: 8 (1) fails to submit an acceptable-use policy within the 9 time prescribed in this act; 10 (2) submits an acceptable-use policy that is not 11 reasonably designed to achieve the requirements of section 5 <-- 12 4; or <-- 13 (3) is not enforcing or is substantially disregarding 14 its acceptable-use policy. 15 (d) Notice of noncompliance by public library.--If the <-- 16 secretary determines that a public library is not in compliance 17 with the requirements of this act, the secretary shall provide 18 the public library with a written notice explaining the nature 19 of such noncompliance and shall afford the public library a 30- 20 day period for correcting any failure to comply with this act 21 before withholding any funds under this section. The secretary 22 may extend the time for submission of a revised acceptable-use 23 policy for good cause. 24 (e) Appeal by public library (D) APPEAL.--If the secretary <-- 25 disapproves an acceptable-use policy or any revision thereof 26 under this section or notifies the SCHOOL ENTITY OR public <-- 27 library that it is subject to the withholding of funding 28 pursuant to subsection (c), the aggrieved SCHOOL ENTITY OR <-- 29 public library may appeal the decision to the Commonwealth 30 Court. 20030H2262B3869 - 9 -
1 Section 9. Remedy for aggrieved parents and guardians. <-- 2 (a) Procedure.-- 3 (1) An aggrieved parent or guardian may file a complaint 4 with the secretary if the parent or guardian has reason to 5 believe that a school district or public library is not in 6 compliance with its acceptable-use policy or that the 7 acceptable-use policy of a school district or public library 8 violates the requirements of this act. 9 (2) The secretary shall conduct an investigation and 10 shall make a written determination as to whether or not the 11 complaint possesses any merit. 12 (3) If the secretary determines that the complaint is 13 meritorious, the secretary shall direct the school district 14 or public library to acknowledge and correct the violation 15 and to develop a corrective plan for preventing recurrences. 16 (4) A school district or public library that receives a 17 determination from the secretary of a violation of the 18 requirements of this act shall submit a written statement, 19 signed by the superintendent, in the case of a school 20 district, and the chief administrative officer, in the case 21 of a public library, to the secretary, which acknowledges the 22 violation and sets out the school district's or public 23 library's corrective plan. The statement shall be a public 24 record subject to disclosure under the act of June 21, 1957 25 (P.L.390, No.212), referred to as the Right-to-Know Law. 26 (b) Appeal.--A parent, guardian, school district or public 27 library aggrieved by a determination of the secretary made 28 pursuant to subsection (a) may file an appeal with the 29 Commonwealth Court. 30 (c) Refusal to comply.--If a school district or public 20030H2262B3869 - 10 -
1 library refuses to comply with a directive of the secretary made 2 under subsection (a), the secretary shall petition the 3 Commonwealth Court for an enforcement order. Any challenge to 4 the determination of the secretary shall be made exclusively 5 through the appeal procedure prescribed in subsection (b). 6 SECTION 9. DUTIES OF THE SECRETARY. <-- 7 (A) PROCEDURE.-- 8 (1) THE SECRETARY SHALL BE RESPONSIBLE FOR CONDUCTING 9 INVESTIGATIONS AND MAKING WRITTEN DETERMINATIONS AS TO 10 WHETHER OR NOT A PUBLIC LIBRARY OR SCHOOL ENTITY HAS VIOLATED 11 THE REQUIREMENTS OF THIS ACT. 12 (2) IF THE SECRETARY DETERMINES THAT A SCHOOL ENTITY OR 13 PUBLIC LIBRARY IS IN VIOLATION, THE SECRETARY SHALL DIRECT 14 THE SCHOOL ENTITY OR PUBLIC LIBRARY TO ACKNOWLEDGE AND 15 CORRECT THE VIOLATION WITHIN A 30-DAY PERIOD AND TO DEVELOP A 16 CORRECTIVE PLAN FOR PREVENTING FUTURE RECURRENCES. 17 (d) (B) Construction.--Nothing in this section shall limit <-- 18 the authority of the secretary to withhold funds pursuant to 19 section 8(c) in an appropriate case. 20 Section 10. Disabling blocking technology for use by certain 21 persons. 22 (a) General rule.--Notwithstanding any other section of this 23 act to the contrary, an administrator, supervisor or other <-- 24 person authorized for this purpose THEIR DESIGNEE may disable <-- 25 the software program or online server during use by an adult FOR <-- 26 AN ADULT OR A MINOR WHO PROVIDES WRITTEN CONSENT FROM A PARENT 27 OR GUARDIAN, to enable access for bona fide research or other 28 lawful purpose. 29 (b) Construction.--Nothing in this section shall be 30 construed to permit any person to have access to material the 20030H2262B3869 - 11 -
1 character of which is reasonably believed to be obscene or child <-- 2 pornography. ILLEGAL UNDER FEDERAL OR STATE LAW. <-- 3 Section 29 11. Severability. <-- 4 The provisions of this act are severable. If any provision of 5 this act or its application to any person or circumstance is 6 held invalid, the invalidity shall not affect other provisions 7 or applications of this act which can be given effect without 8 the invalid provision or application. 9 SECTION 12. APPLICABILITY. <-- 10 SCHOOL ENTITIES AND PUBLIC LIBRARIES FULFILLING THE 11 REQUIREMENTS OF THE CHILDREN'S INTERNET PROTECTION ACT (PUBLIC 12 LAW 106-554, 114 STAT. 2763A-335) ARE NOT REQUIRED TO FULFILL 13 THE REQUIREMENTS OF THIS ACT. 14 Section 30 13. Repeal. <-- 15 All acts and parts of acts are repealed insofar as they are 16 inconsistent with this act. 17 Section 31 14. Effective date. <-- 18 This act shall take effect immediately. K26L35VDL/20030H2262B3869 - 12 -