House File 594 - Introduced
HOUSE FILE
BY ALONS, DOLECHECK, CHAMBERS,
ROBERTS, DE BOEF, and
CARROLL
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act prohibiting the provision of state library services to,
2 and certain use of state funds by, school districts, area
3 education agencies, and public libraries that do not have in
4 place nor enforce certain internet use policies and technology
5 protection measures.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
7 TLSB 2772YH 81
8 kh/gg/14
PAG LIN
1 1 Section 1. NEW SECTION. 256.57 CHILD INTERNET SAFETY
1 2 REQUIREMENTS == STATE FUNDING AND SERVICES SANCTIONS.
1 3 1. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS. State
1 4 funds appropriated for distribution to public libraries in
1 5 this state shall not be used to purchase computers used to
1 6 access the internet or to pay for direct costs associated with
1 7 accessing the internet, nor shall a public library receive
1 8 services from the state library at a discount, unless the
1 9 public library certifies annually to the state librarian that
1 10 the public library meets the following conditions:
1 11 a. Has in place an internet use policy for minors that
1 12 includes the operation of a technology protection measure with
1 13 respect to any of its computers with internet access that
1 14 protects against access through such computers to visual
1 15 depictions that are obscene, child pornography, or harmful to
1 16 minors.
1 17 b. Has in place an internet use policy for adults that
1 18 includes the operation of a technology protection measure with
1 19 respect to any of its computers with internet access that
1 20 protects against access through such computers to visual
1 21 depictions that are obscene or child pornography.
1 22 c. Is enforcing the operation of a technology protection
1 23 measure during any use of its computers.
1 24 2. INTERNET USE POLICY FOR MINORS.
1 25 a. In carrying out its responsibilities under subsection
1 26 1, each public library to which subsection 1 applies shall do
1 27 all of the following:
1 28 (1) Adopt and implement an internet use policy that
1 29 addresses all of the following:
1 30 (a) Access by minors to inappropriate matter on the
1 31 internet and world wide web.
1 32 (b) The safety and security of minors when using
1 33 electronic mail, chat rooms, and other forms of direct
1 34 electronic communications.
1 35 (c) Unauthorized access, including so=called "hacking",
2 1 and other unlawful activities by users online.
2 2 (d) Unauthorized disclosure, use, and dissemination of
2 3 personal identification information regarding minors.
2 4 (e) Measures designed to restrict minors' access to
2 5 materials harmful to minors.
2 6 (2) Provide reasonable public notice and hold at least one
2 7 public hearing or meeting to address the proposed internet use
2 8 policy.
2 9 b. A determination regarding what matter is inappropriate
2 10 for minors shall be made by a public library that is subject
2 11 to subsection 1.
2 12 c. Each internet use policy adopted under this section
2 13 shall be made available to the state librarian, upon request
2 14 of the state librarian, by the public library.
2 15 3. DISABLING DURING CERTAIN USE. An administrator,
2 16 supervisor, librarian, or other authority of the public
2 17 library may disable a technology protection measure under
2 18 subsection 1 to enable limited access for bona fide research
2 19 or other lawful purposes.
2 20 4. LIBRARIES WITHOUT INTERNET USE POLICIES AND TECHNOLOGY
2 21 PROTECTION MEASURES IN PLACE. In order to receive any state
2 22 funds appropriated or allocated for public library purposes, a
2 23 public library that does not have in place an internet use
2 24 policy meeting the requirements of subsection 1 shall certify
2 25 to the state librarian that it is undertaking such actions,
2 26 including any necessary procurement procedures, to put in
2 27 place an internet use policy that meets such requirements.
2 28 The library shall be ineligible for state funding appropriated
2 29 for public library purposes in the following fiscal year if
2 30 the library is unable to certify compliance with the
2 31 requirements of subsection 1.
2 32 5. WAIVERS. A public library unable to certify compliance
2 33 in the following fiscal year as provided in subsection 4 may
2 34 seek a one=year waiver from such compliance from the state
2 35 librarian and shall be eligible to receive state funding
3 1 during that fiscal year.
3 2 6. REMEDIES FOR NONCOMPLIANCE. Whenever the state
3 3 librarian has reason to believe that a public library
3 4 receiving state funds is failing to comply substantially with
3 5 the requirements of subsection 1, the state librarian may do
3 6 any of the following:
3 7 a. Withhold further payments of state funds appropriated
3 8 or allocated for public library purposes to the public library
3 9 until the state librarian determines that the public library
3 10 is in substantial compliance with the requirements of
3 11 subsection 1.
3 12 b. Issue an order to compel compliance of the public
3 13 library.
3 14 c. Enter into a compliance agreement with the public
3 15 library specifying requirements for bringing it into
3 16 compliance with the requirements of subsection 1.
3 17 7. RECOVERY OF FUNDS PROHIBITED. The actions authorized
3 18 by subsection 6 are the exclusive remedies available with
3 19 respect to the failure of a public library to comply
3 20 substantially with a provision of this section and the
3 21 director of the department of education shall not seek a
3 22 recovery of funds from the public library for such failure.
3 23 8. DISCLAIMERS. Nothing in this section shall be
3 24 construed to do the following:
3 25 a. Prohibit a public library from blocking or limiting
3 26 access to, or otherwise protecting against, materials on the
3 27 internet on computers owned or operated by the library which
3 28 include any content other than content covered by this
3 29 section.
3 30 b. Require the tracking of internet use by any
3 31 identifiable minor or adult user.
3 32 c. Prohibit a library from limiting internet access to or
3 33 otherwise protecting against materials other than those
3 34 referred to in this section.
3 35 9. DEFINITIONS. The definitions in section 257.51 are
4 1 applicable to this section.
4 2 10. EXCEPTION. Notwithstanding subsection 1, if the
4 3 general assembly appropriates state funds for such purpose, a
4 4 public library may use state funds for the purchase or
4 5 acquisition of technology protection measures that are
4 6 necessary to meet the requirements of this section.
4 7 Sec. 2. NEW SECTION. 257.51 CHILD INTERNET SAFETY
4 8 REQUIREMENTS == STATE FUNDING AND SERVICES SANCTIONS.
4 9 1. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS FOR
4 10 SCHOOLS. State funds allocated to a school district or area
4 11 education agency for school library purposes shall not be used
4 12 to purchase computers used to access the internet or to pay
4 13 for direct costs associated with accessing the internet, nor
4 14 shall a school library receive services from the state library
4 15 at a discount, unless the board of directors of the school
4 16 district or the board of directors of the area education
4 17 agency certifies annually to the department of education and
4 18 the state librarian that the school district or area education
4 19 agency meets the following conditions:
4 20 a. Has in place an internet use policy for minors that
4 21 includes the operation of a technology protection measure with
4 22 respect to any of its computers with internet access that
4 23 protects against access through such computers to visual
4 24 depictions that are obscene, child pornography, or harmful to
4 25 minors.
4 26 b. Has in place an internet use policy for adults that
4 27 includes the operation of a technology protection measure with
4 28 respect to any of its computers with internet access that
4 29 protects against access through such computers to visual
4 30 depictions that are obscene or child pornography.
4 31 c. Is enforcing the operation of a technology protection
4 32 measure during any use of its computers.
4 33 2. INTERNET USE POLICY.
4 34 a. In carrying out its responsibilities under subsection
4 35 1, each school district or area education agency to which
5 1 subsection 1 applies shall do all of the following:
5 2 (1) Adopt and implement an internet use policy that
5 3 addresses all of the following:
5 4 (a) Access by minors to inappropriate matter on the
5 5 internet and world wide web.
5 6 (b) The safety and security of minors when using
5 7 electronic mail, chat rooms, and other forms of direct
5 8 electronic communications.
5 9 (c) Unauthorized access, including so=called "hacking",
5 10 and other unlawful activities by users online.
5 11 (d) Unauthorized disclosure, use, and dissemination of
5 12 personal identification information regarding minors.
5 13 (e) Measures designed to restrict minors' access to
5 14 materials harmful to minors.
5 15 (2) Provide reasonable public notice and hold at least one
5 16 public hearing or meeting to address the proposed internet use
5 17 policy.
5 18 b. A determination regarding what matter is inappropriate
5 19 for minors shall be made by the school board or area education
5 20 agency.
5 21 c. Each internet use policy adopted under this section
5 22 shall be made available to the department of education, upon
5 23 request of the department, by the school board and area
5 24 education agency.
5 25 3. SCHOOLS WITHOUT INTERNET USE POLICIES AND TECHNOLOGY
5 26 PROTECTION MEASURES IN PLACE. In order to receive any state
5 27 funds appropriated or allocated for school library purposes, a
5 28 school district or area education agency with responsibility
5 29 for a school library that does not have in place an internet
5 30 use policy meeting the requirements of subsection 1 shall
5 31 certify to the department of education that it is undertaking
5 32 such actions, including any necessary procurement procedures,
5 33 to put in place an internet use policy that meets such
5 34 requirements. The school district or area education agency
5 35 shall be ineligible for state funding appropriated or
6 1 allocated for school library purposes in the following school
6 2 year if the school district or area education agency is unable
6 3 to certify compliance with the requirements of subsection 1.
6 4 4. WAIVERS. A school district or area education agency
6 5 unable to certify compliance in the following school year as
6 6 provided in subsection 3 may seek a one=year waiver from such
6 7 compliance from the director of the department of education
6 8 and shall be eligible to receive state funding during that
6 9 fiscal year.
6 10 5. DISABLING DURING CERTAIN USE. An administrator,
6 11 supervisor, or person authorized by the school district or
6 12 area education agency may disable a technology protection
6 13 measure to enable limited access for bona fide research or
6 14 other lawful purposes.
6 15 6. REMEDIES FOR NONCOMPLIANCE. Whenever the director of
6 16 the department of education has reason to believe that any
6 17 school district or area education agency receiving state funds
6 18 is failing to comply substantially with the requirements of
6 19 subsection 1, the director of the department of education may
6 20 do any of the following:
6 21 a. Withhold further payments of state funds appropriated
6 22 or allocated for school library purposes to the school
6 23 district or area education agency until the director of the
6 24 department of education determines that the school district or
6 25 area education agency is in substantial compliance with the
6 26 requirements of subsection 1.
6 27 b. Issue an order to compel compliance of the school
6 28 district or area education agency.
6 29 c. Enter into a compliance agreement with a school
6 30 district or area education agency specifying requirements for
6 31 bringing it into compliance with the requirements of
6 32 subsection 1.
6 33 7. RECOVERY OF FUNDS PROHIBITED. The actions authorized
6 34 by subsection 6 are the exclusive remedies available with
6 35 respect to the failure of a school district or area education
7 1 agency to comply substantially with a provision of this
7 2 section, and the director of the department of education shall
7 3 not seek a recovery of funds from the school district or area
7 4 education agency for such failure.
7 5 8. DISCLAIMERS. Nothing in this section shall be
7 6 construed to do the following:
7 7 a. Prohibit an elementary or secondary school, area
7 8 education agency, or school library from blocking access on
7 9 the internet on computers owned or operated by the school,
7 10 agency, or school library to any content other than content
7 11 covered by this section.
7 12 b. Require the tracking of internet use by any
7 13 identifiable minor or adult user.
7 14 9. EXCEPTION. Notwithstanding subsection 1, if the
7 15 general assembly appropriates and provides for the
7 16 distribution of state funds to a school district or area
7 17 education agency for such purpose, the school district or area
7 18 education agency may use state funds for the purchase or
7 19 acquisition of technology protection measures that are
7 20 necessary to meet the requirements of this section.
7 21 10. DEFINITIONS. For purposes of this section, unless the
7 22 context otherwise requires:
7 23 a. "Access to internet" means connection to the internet
7 24 through a modem or a computer network.
7 25 b. "Acquisition or operation" means use by an elementary
7 26 or secondary school of state funds, directly or indirectly, to
7 27 do any of the following:
7 28 (1) Purchase, lease, or otherwise acquire or obtain the
7 29 use of a computer.
7 30 (2) Obtain services, supplies, software, or other actions
7 31 or materials to support, or in connection with, the operation
7 32 of a computer.
7 33 c. "Child pornography" means any visual depiction,
7 34 including any photograph, film, video, picture, or computer or
7 35 computer=generated image or picture, whether made or produced
8 1 by electronic, mechanical, or other means, of sexually
8 2 explicit conduct, where any of the following applies:
8 3 (1) The production of such visual depiction involves the
8 4 use of a minor engaging in sexually explicit conduct.
8 5 (2) Such visual depiction is, or appears to be, of a minor
8 6 engaging in sexually explicit conduct.
8 7 (3) Such visual depiction has been created, adapted, or
8 8 modified to appear that an identifiable minor is engaging in
8 9 sexually explicit conduct.
8 10 (4) Such visual depiction is advertised, promoted,
8 11 presented, described, or distributed in such a manner that
8 12 conveys the impression that the material is or contains a
8 13 visual depiction of a minor engaging in sexually explicit
8 14 conduct.
8 15 d. "Computer" means any hardware, software, or other
8 16 technology attached or connected to, installed in, or
8 17 otherwise used in connection with a computer.
8 18 e. "Harmful to minors" means any picture, image, graphic
8 19 image file, or other visual depiction that meets all of the
8 20 following conditions:
8 21 (1) Taken as a whole and with respect to minors, appeals
8 22 to a prurient interest in nudity, sex, or excretion.
8 23 (2) Depicts, describes, or represents, in a patently
8 24 offensive way with respect to what is suitable for minors, an
8 25 actual or simulated sex act or sexual contact, actual or
8 26 simulated normal or perverted sexual acts, or a lewd
8 27 exhibition of the genitals.
8 28 (3) Taken as a whole, lacks serious literary, artistic,
8 29 political, or scientific value as to minors.
8 30 f. "Minor" means an individual who has not attained the
8 31 age of seventeen.
8 32 g. "Sex act" means the same as defined in section 702.17.
8 33 h. "Sexual contact" means the intentional touching, either
8 34 directly or through the clothing, of the genitalia, anus,
8 35 groin, breast, inner thigh, or buttocks of any person with an
9 1 intent to abuse, humiliate, harass, degrade, or arouse or
9 2 gratify the sexual desire of any person.
9 3 i. "Technology protection measure" means a specific
9 4 technology that blocks or filters internet access to visual
9 5 depictions that are obscene, child pornography, or harmful to
9 6 minors.
9 7 EXPLANATION
9 8 This bill places limitations on the use of state funds by
9 9 school and public libraries and on the provision of services
9 10 to those libraries by the state library.
9 11 The bill provides that state moneys may not be used to
9 12 purchase computers used to access the internet or to pay for
9 13 direct costs associated with accessing the internet, nor shall
9 14 a school library receive services from the state library at a
9 15 discount, unless the authorities responsible for the libraries
9 16 certify annually to the department of education or the state
9 17 librarian as appropriate that the school libraries and public
9 18 libraries have in place and enforce internet use policies for
9 19 minors and adults that include the operation of a technology
9 20 protection measure that filters visual depictions that are
9 21 obscene, child pornography, and, in the case of the internet
9 22 use policy for minors, harmful to minors.
9 23 The bill specifies the areas that must be addressed by the
9 24 policy, requires public notice and a hearing to address the
9 25 proposed policy, and makes the school district, area education
9 26 agency, or public library, as appropriate, responsible for
9 27 determining what matter is inappropriate for minors.
9 28 The policies must be made available to the department of
9 29 education or the state librarian, as appropriate, upon
9 30 request.
9 31 A school district, area education agency, or public library
9 32 that does not have a policy and technology protection measures
9 33 in place must certify to the appropriate authority that it is
9 34 undertaking such actions and will be ineligible for state
9 35 funding appropriated or allocated for school library purposes
10 1 in the following fiscal year if unable to certify compliance
10 2 by the following fiscal year.
10 3 A school district, area education agency, or public library
10 4 may seek a one=year waiver from the appropriate authority.
10 5 An administrator, supervisor, or person authorized by the
10 6 school district, area education agency, or public library may
10 7 disable a technology protection measure to enable access for
10 8 bona fide research or other lawful purposes.
10 9 When a library remains in noncompliance, the director of
10 10 the department of education or the state librarian, as
10 11 appropriate, may withhold further payments of state funds,
10 12 issue an order to compel compliance, or enter into a
10 13 compliance agreement with a school district, area education
10 14 agency, or public library to bring it into compliance.
10 15 However, neither the director nor the state librarian can
10 16 recover funds once distributed.
10 17 The bill does not prevent a school district, area education
10 18 agency, or public library from exceeding the blocking measures
10 19 required under the bill, nor does it require tracking of
10 20 internet use by any identifiable minor or adult user.
10 21 The bill allows state funds, if appropriated for library
10 22 purposes, to be used for the purchase or acquisition of
10 23 technology protection measures.
10 24 LSB 2772YH 81
10 25 kh:nh/gg/14