STAND. COM. REP. NO. 2297

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2465
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Education and Technology, to which was
referred S.B. No. 2465 entitled: 

     "A BILL FOR AN ACT RELATING TO PORNOGRAPHY,"

begs leave to report as follows:

     The purpose of this measure is to repeal the promoting of
pornography for minors exemption for public library staff.

     Testimony in support of the measure was received from Hawaii
Family Forum and Hawaii Catholic Conference.  Testimony in
opposition to the measure was received from the Hawaii State
Public Library System, Hawai'i Library Association, Information
Services, and one individual, and oral testimony from two
individuals.

     Your Committee finds that under the Hawaii penal code,
Hawaii State Public Library employees are exempt from criminal
prosecution if they are found to have promoted pornography for
minors.

     The Hawai'i Library Association raised concern that this
measure would put librarians in the role of censor, thereby
creating a chilling effect on the primary mission of libraries
which is to provide free access to information.

     Your Committee finds that while the Hawaii State Public
Library System testified that it has an acceptable computer use
policy, that policy does not specifically address access to

 
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pornography on the Internet by minors.  Accordingly, your
Committee requests that the HSPL develop of a such a policy.

     To address the concern raised by the Hawai'i Library
Association, your Committee has amended the measure to narrow the
exemption to apply only to library employees acting within the
scope of their employment.

     As affirmed by the record of votes of the members of your
Committee on Education and Technology that is attached to this
report, your Committee is in accord with the intent and purpose
of S.B. No. 2465, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as S.B. No. 2465,
S.D. 1, and be referred to the Committee on Judiciary.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Education and
                                   Technology,



                                   ______________________________
                                   DAVID Y. IGE, Chair

 
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