Report Title:

Pornography; Minors; Access

 

Description:

Limits children's access to pornography on the internet in public schools and public libraries.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

126

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO COMPUTER ACCESS BY MINORS.

 

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

SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new subpart to part IV to be appropriately designated and to read as follows:

"  . Computer Access by Minors

§302A-    Definitions. As used in this subpart, unless the context clearly requires otherwise:

"Pornographic for minors" has the same meaning as in section 712-1210(7).

"Public access computer" means a computer that is:

(1) Located in a public school;

(2) Frequently or regularly used directly by a minor; and

(3) Connected to the internet.

§302A-    Computer access; pornographic for minors. (a) A public school that provides a public access computer shall either:

(1) Equip the computer with software that is intended to prevent minors from gaining access to material on the internet that is pornographic for minors; or

(2) Purchase internet connectivity from an internet service provider that provides filter services to limit access to material that is pornographic for minors.

(b) A public school that complies with subsection (a) shall not be held criminally liable or liable for any damages that might arise from a minor gaining access to material that is pornographic for minors through the use of a public access computer that is owned or controlled by the public school.

(c) The board shall adopt rules pursuant to chapter 91 that provide for the implementation and enforcement of this section."

SECTION 2. Chapter 312, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART   . COMPUTER ACCESS BY MINORS

§312-    Definitions. As used in this part, unless the context clearly requires otherwise:

"Pornographic for minors" has the same meaning as in section 712-1210(7).

"Public access computer" means a computer that is:

(1) Located in a public library;

(2) Frequently or regularly used directly by a minor; and

(3) Connected to any computer communication system.

§312-    Computer access; pornographic for minors. (a) A public library that provides a public access computer shall do one or both of the following:

(1) Equip the computer with software that is intended to limit minors' ability to gain access to material on the internet that is pornographic for minors, or purchase internet connectivity from an internet service provider that provides filter services to limit access to material that is pornographic for minors; and

(2) Develop and implement by January 1, 2002, a policy that establishes measures to restrict minors from gaining computer access to material that is pornographic for minors.

(b) A public library that complies with subsection (a) shall not be held criminally liable or liable for any damages that might arise from a minor gaining access to material that is pornographic for minors through the use of a public access computer that is owned or controlled by the public library.

(c) The board of education shall adopt rules pursuant to chapter 91 that provide for the implementation and enforcement of this section."

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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