42.1-36.1 - Power and duty of library boards and certain governing bodies regarding acceptable Internet use policies. - Virginia Statutes

§ 42.1-36.1. Power and duty of library boards and certain governing bodiesregarding acceptable Internet use policies.

A. On or before December 1, 1999, and biennially thereafter, (i) everylibrary board established pursuant to § 42.1-35 or (ii) the governing body ofany county, city, or town that, pursuant to § 42.1-36, has not established alibrary board pursuant to § 42.1-35, shall file with the Librarian ofVirginia an acceptable use policy for the Internet. At a minimum, the policyshall contain provisions that (i) are designed to prohibit use by libraryemployees and patrons of the library's computer equipment and communicationsservices for sending, receiving, viewing, or downloading illegal material viathe Internet, (ii) seek to prevent access by library patrons under the age of18 to material that is harmful to juveniles, and (iii) establish appropriatemeasures to be taken against persons who violate the policy. For librariesestablished under § 42.1-33, the policy shall also require the selection,installation and activation of, on those computers that are accessible to thepublic and have Internet access, a technology protection measure to filter orblock Internet access through such computers to child pornography as definedin § 18.2-374.1:1, obscenity as defined in § 18.2-372, and, with respect tominors, materials deemed harmful to juveniles as defined in § 18.2-390. Suchpolicy shall provide that a person authorized by the library board shalldisable or otherwise bypass the technology protection measure required bythis section at the request of a patron to enable access for bona fideresearch or other lawful purposes.

The library board or the governing body may include such other terms,conditions, and requirements in the library's policy as it deems appropriate,such as requiring written parental authorization for Internet use byjuveniles or differentiating acceptable uses between elementary, middle, andhigh school students.

B. The library board or the governing body shall take such steps as it deemsappropriate to implement and enforce the library's policy which may include,but are not limited to, (i) the use of software programs designed to blockaccess by (a) library employees and patrons to illegal material or (b)library patrons under the age of 18 to material that is harmful to juvenilesor (c) both; (ii) charging library employees to casually monitor patrons'Internet use; or (iii) installing privacy screens on computers that accessthe Internet. For libraries established under § 42.1-33, the library board orgoverning body shall direct such libraries to select and install on thosecomputers that are accessible to the public and have Internet access atechnology protection measure as required by the policy established pursuantto subsection A. No state funding shall be withheld and no other adverseaction taken against a library by the Librarian of Virginia or any otherofficial of state government when the technology protection measure fails,provided that such library promptly has taken reasonable steps to rectify andprevent such failures in the future.

C. On or before December 1, 2000, and biennially thereafter, the Librarian ofVirginia shall submit a report to the Chairmen of the House Committee onEducation, the House Committee on Science and Technology, and the SenateCommittee on Education and Health which summarizes the acceptable usepolicies filed with the Librarian pursuant to this section and the statusthereof.

(1999, c. 64; 2006, c. 474; 2007, cc. 470, 583.)