HF 573

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; requiring school and library
computers with Internet access available for student
use to be equipped with software filtering or blocking
technology; imposing a financial penalty; amending
Minnesota Statutes 2004, sections 125B.15; 134.50.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 125B.15, is
amended to read:

125B.15 INTERNET ACCESS FOR STUDENTS.

(a) Recognizing the difference between school libraries,
school computer labs, and school media centers, which serve
unique educational purposes, and public libraries, which are
designed for public inquiry, all computers at a school site with
access to the Internet available for student use must be
equipped deleted text begin to restrict, including by use of available deleted text end new text begin with
new text end software filtering new text begin or blocking new text end technology deleted text begin or other effective
methods, all deleted text end new text begin designed to restrict new text end student access to material
that is reasonably believed to be obscene or child pornography
or material harmful to minors under federal or state law.

(b) deleted text begin A school site is not required to purchase filtering
technology if the school site would incur more than incidental
expense in making the purchase.
deleted text end

deleted text begin (c) deleted text end A school district receiving technology revenue under
section 125B.25 must prohibit, deleted text begin including deleted text end through use of
deleted text begin available deleted text end software filtering new text begin or blocking new text end technology deleted text begin or other
effective methods deleted text end , adult access to material that under federal
or state law is reasonably believed to be obscene or child
pornography. new text begin At the request of an adult, the district may
unblock filtered sites for bona fide research or other lawful
purpose.
new text end

deleted text begin (d) deleted text end new text begin (c) new text end A school district, its agents or employees, are
immune from liability for failure to comply with this section if
they have made a good faith effort to comply with the
requirements of this section.

deleted text begin (e) deleted text end new text begin (d) new text end "School site" means an education site as defined in
section 123B.04, subdivision 1, or charter school under section
124D.10.

new text begin (e) All state funds available to a school site for its
school library, school computer lab, and school media center
shall be withheld from the school site until all computers with
Internet access available for student use at the school site are
equipped with software filtering or blocking technology designed
to restrict students' access to material that is reasonably
believed to be obscene, child pornography, or material harmful
to minors under state or federal law. A school district must
formally adopt an Internet safety policy consistent with this
section and other applicable law.
new text end

new text begin (f) To ensure that state funds are not withheld under
paragraph (e), a school district must send an electronic notice
to the department indicating those school sites within the
district that have equipped their computers with software
filtering or blocking technology, consistent with this section.
A district must immediately transmit to the department any
additional information related to school sites' compliance with
this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2006.
new text end

Sec. 2.

Minnesota Statutes 2004, section 134.50, is
amended to read:

134.50 INTERNET ACCESS; LIBRARIES.

(a) Recognizing the difference between public libraries,
which are designed for public inquiry, and school libraries,
school computer labs, and school media centers, which serve
unique educational purposes, all public library computers with
access to the Internet available for use by children under the
age of deleted text begin 17 deleted text end new text begin 18 new text end must be equipped deleted text begin to restrict, including by use of
available deleted text end new text begin with new text end software filtering new text begin or blocking new text end technology deleted text begin or
other effective methods, all deleted text end new text begin designed to restrict new text end access by
children to material that is reasonably believed to be obscene
or child pornography or material harmful to minors under federal
or state law.

(b) deleted text begin A public library is not required to purchase filtering
technology if the public library would incur more than
incidental expense in making the purchase.
deleted text end

deleted text begin (c) deleted text end A public library that receives state money must
prohibit, deleted text begin including deleted text end through the use of deleted text begin available deleted text end software
filtering new text begin or blocking new text end technology deleted text begin or other effective methods deleted text end ,
adult access to material that under federal or state law is
reasonably believed to be obscene or child pornography. new text begin At the
request of an adult conducting bona fide research or pursuing
another lawful purpose, a public library must unblock filtered
sites without significant delay and without requiring the adult
to explain the request. new text end A public library may remove a person
from the library if the person gains access or attempts to gain
access to materials prohibited under this section deleted text begin by
intentionally bypassing the filtering technology or other method
used by the library deleted text end .

deleted text begin (d) deleted text end new text begin (c) new text end A public library, its agents or employees, are
immune from liability for failure to comply with this section if
they have made a good faith effort to comply with the
requirements of this section.

deleted text begin (e) deleted text end new text begin (d) new text end This section does not apply to the libraries of
postsecondary institutions.

new text begin (e) All state funds available to a public library shall be
withheld from the public library until all computers with
Internet access available for use by children under age 18 are
equipped with software filtering or blocking technology designed
to restrict children's access to material that is reasonably
believed to be obscene, child pornography, or material harmful
to minors under federal or state law. A public library must
formally adopt an Internet safety policy consistent with this
section and other applicable law.
new text end

new text begin (f) To ensure that state funds are not withheld under
paragraph (e), a public library system must send an electronic
notice to the education department indicating that the public
libraries within the system have equipped their computers with
software filtering or blocking technology, consistent with this
section. A public library system must immediately transmit to
the department any additional information related to public
libraries' compliance with this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2006.
new text end