Reference Title: public schools; internet access

AN ACT
AMENDING TITLE 34, ARIZONA REVISED STATUTES, BY ADDING CHAPTER 5; RELATING TO COMPUTER ACCESS BY MINORS.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 34, Arizona Revised Statutes, is amended by adding chapter 5, to read:

chapter 5 Computer access

article 1. Access by minors

34-501 . Definitions

IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:

1. "HARMFUL TO MINORS" HAS THE SAME MEANING AS PRESCRIBED IN SECTION 13-3501, PARAGRAPH 1.

2. "PUBLIC ACCESS COMPUTER" MEANS A COMPUTER THAT:

( a ) IS LOCATED IN A PUBLIC SCHOOL OR PUBLIC LIBRARY.

( b ) IS FREQUENTLY OR REGULARLY USED DIRECTLY BY A MINOR.

( c ) IS CONNECTED TO ANY COMPUTER COMMUNICATION SYSTEM.

34-502 . Computer access; harmful to minors

A. A PUBLIC SCHOOL THAT PROVIDES A PUBLIC ACCESS COMPUTER SHALL EQUIP THE COMPUTER WITH SOFTWARE THAT SEEKS TO PREVENT MINORS FROM GAINING ACCESS TO MATERIAL THAT IS HARMFUL TO MINORS OR PURCHASE INTERNET CONNECTIVITY FROM AN INTERNET SERVICE PROVIDER THAT PROVIDES FILTER SERVICES TO LIMIT ACCESS TO MATERIAL THAT IS HARMFUL TO MINORS. STANDARDS AND RULES FOR THE ENFORCEMENT OF THIS SUBSECTION SHALL BE PRESCRIBED BY THE GOVERNING BOARD OF EVERY SCHOOL DISTRICT.

B. A PUBLIC LIBRARY THAT PROVIDES A PUBLIC ACCESS COMPUTER SHALL DO ONE OR BOTH OF THE FOLLOWING:

1. EQUIP THE COMPUTER WITH SOFTWARE THAT WILL LIMIT MINORS' ABILITY TO GAIN ACCESS TO MATERIAL THAT IS HARMFUL TO MINORS OR PURCHASE INTERNET CONNECTIVITY FROM AN INTERNET SERVICE PROVIDER THAT PROVIDES FILTER SERVICES TO LIMIT ACCESS TO MATERIAL THAT IS HARMFUL TO MINORS.

2. DEVELOP AND IMPLEMENT BY JANUARY 1, 2000, A POLICY THAT ESTABLISHES MEASURES TO RESTRICT MINORS FROM GAINING COMPUTER ACCESS TO MATERIAL THAT IS HARMFUL TO MINORS.

C. RULES AND REGULATIONS FOR THE ENFORCEMENT OF SUBSECTION B SHALL BE ESTABLISHED BY THE DIRECTOR OF THE DEPARTMENT OF LIBRARY, ARCHIVES AND PUBLIC RECORDS.

D. A PUBLIC SCHOOL THAT COMPLIES WITH SUBSECTION A OR A PUBLIC LIBRARY THAT COMPLIES WITH SUBSECTION B SHALL NOT BE CRIMINALLY LIABLE OR LIABLE FOR ANY DAMAGES THAT MIGHT ARISE FROM A MINOR GAINING ACCESS TO MATERIAL THAT IS HARMFUL TO MINORS THROUGH THE USE OF A PUBLIC ACCESS COMPUTER THAT IS OWNED OR CONTROLLED BY THE PUBLIC SCHOOL OR PUBLIC LIBRARY.