REPORT TITLE:
Pornography; On-Line Access


DESCRIPTION:
Limits children's access to on-line pornography in public schools
and public libraries.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2041 
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
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:

 1      SECTION 1.  Chapter 302A, Hawaii Revised Statutes, is
 
 2 amended by adding a new subpart to part IV to be appropriately
 
 3 designated and to read as follows:
 
 4                  "  .  Computer Access by Minors
 
 5      �302A-   Definitions.  As used in this subpart, unless the
 
 6 context clearly requires otherwise:
 
 7      "Pornographic for minors" has the same meaning as defined in
 
 8 section 712-1210(7).
 
 9      "Public access computer" means a computer that:
 
10      (1)  Is located in a public school;
 
11      (2)  Is frequently or regularly used directly by a minor;
 
12           and
 
13      (3)  Is connected to any computer communication system.
 
14      �302A-   Computer access; pornographic for minors.(a)  A
 
15 public school that provides a public access computer shall equip
 
16 the computer with software that seeks to prevent minors from
 
17 gaining access to material that is pornographic for minors or
 
18 purchase internet connectivity from an internet service provider
 
19 that provides filter services to limit access to material that is
 
Page 2                                                     2041 
                                     H.B. NO.           
                                                        
                                                        


 1 pornographic for minors.
 
 2      (b)  A public school that complies with subsection (a) shall
 
 3 not be held criminally liable or liable for any damages that
 
 4 might arise from a minor gaining access to material that is
 
 5 pornographic for minors through the use of a public access
 
 6 computer that is owned or controlled by the public school.
 
 7      (c)  The board shall adopt rules pursuant to chapter 91 that
 
 8 provide for the implementation and enforcement of this section."
 
 9      SECTION 2.  Chapter 312, Hawaii Revised Statutes, is amended
 
10 by adding a new part to be appropriately designated and to read
 
11 as follows:
 
12               "PART   .  COMPUTER ACCESS BY MINORS
 
13      �312-   Definitions.  As used in this part, unless the
 
14 context clearly requires otherwise:
 
15      "Pornographic for minors" has the same meaning as defined in
 
16 section 712-1210(7).
 
17      "Public access computer" means a computer that:
 
18      (1)  Is located in a public library;
 
19      (2)  Is frequently or regularly used directly by a minor;
 
20           and
 
21      (3)  Is connected to any computer communication system.
 
22      �312-   Computer access; pornographic for minors.(a)  A
 
23 public library that provides a public access computer shall do
 
 
 
Page 3                                                     2041 
                                     H.B. NO.           
                                                        
                                                        


 1 one or both of the following:
 
 2      (1)  Equip the computer with software that will limit
 
 3           minors' ability to gain access to material that is
 
 4           pornographic for minors or purchase internet
 
 5           connectivity from an internet service provider that
 
 6           provides filter services to limit access to material
 
 7           that is pornographic for minors; and
 
 8      (2)  Develop and implement by January 1, 2001, a policy that
 
 9           establishes measures to restrict minors from gaining
 
10           computer access to material that is pornographic for
 
11           minors.
 
12      (b)  A public library that complies with subsection (a)
 
13 shall not be held criminally liable or liable for any damages
 
14 that might arise from a minor gaining access to material that is
 
15 pornographic for minors through the use of a public access
 
16 computer that is owned or controlled by the public library.
 
17      (c)  The board of education shall adopt rules pursuant to
 
18 chapter 91 that provide for the implementation and enforcement of
 
19 this section."
 
20      SECTION 3.  This Act shall take effect upon its approval.
 
21 
 
22                              INTRODUCED BY:______________________