HB2712 - 502R

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

Section 1. Section 34-501, Arizona Revised Statutes, is amended to read:

START_STATUTE34-501. Definitions

In this article, unless the context otherwise requires:

1. "Child pornography" means the visual depiction of sexual exploitation of a minor as prescribed in section 13-3553.

1. 2. "Harmful to minors" has the same meaning as prescribed in section 13‑3501, paragraph 1.

3. "Obscene" has the same meaning prescribed in 20 United States Code Section 9101.

2. 4. "Public access computer" means a computer that is all of the following:

(a) Is Located in a public school or public library.

(b) Is frequently or regularly used directly authorized for use by or available for use by a minor.

(d) visible to a minor.

5. "Technology protection measure" means a technology that blocks or filters internet access to visual depictions. END_STATUTE

Sec. 2. Section 34-502, Arizona Revised Statutes, is amended to read:

START_STATUTE34-502. Computer access; child pornography; visual depictions harmful to minors; obscene; procedures

A. A public school that provides a public access computer shall equip the computer with software that seeks deploy and enforce a technology protection measure 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 visual depictions that is are child pornography, harmful to minors or obscene. The governing board of every school district shall prescribe policies, standards and rules for the enforcement of this subsection shall be prescribed by the governing board of every school district. Every school district shall make its policies, standards and rules available to the public.

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.

1. Deploy and enforce a technology protection measure to prevent minors from gaining access to visual depictions that are child pornography, harmful to minors or obscene.

2. Deploy and enforce a technology protection measure to prevent anyone from gaining access to visual depictions that are child pornography or obscene.

C. An administrator, supervisor or other representative of a public library may disable a technology protection measure described in subsection B of this section if both of the following apply:

1. The request is from a library patron who is not a minor.

2. The technology is disabled only to enable access for research or other lawful purposes.

C. D. The director of the arizona state library, archives and public records shall adopt rules for the enforcement of subsection B shall be adopted by the director of the Arizona state library, archives and public records of this section. The director of the Arizona state library, archives and public records shall make the rules available to the public. A public library shall post the rules and its policies in a conspicuous place for library patrons to view.

E. A governing body that operates a public library shall develop a policy for the library to implement the rules developed pursuant to subsection d of this section that are adopted at an open meeting. The governing body shall review the policy at least every three years. The policy shall:

1. State that it restricts access to internet or online sites that contain material described in this section.

2. State how the library intends to meet the requirements of this section.

3. Require the public library to inform patrons that administrative procedures and guidelines for the staff to follow in enforcing the rules have been adopted and are available for review at the library.

4. Require the public library to inform patrons that procedures for use by patrons and staff to handle complaints about the rule, its enforcement or about observed patron behavior have been adopted and are available for review at the library.

D. F. A public school that complies with subsection A of this section or a public library that complies with subsection B of this section shall not be criminally liable or liable for any damages that might arise from a minor gaining access to material visual depictions that is are child pornography, harmful to minors or obscene through the use of a public access computer that is owned or controlled by the public school or public library.

G. If the state board of education or the superintendent of public instruction determines that a school district or charter school is in violation of subsection A of this section, the state board of education or the superintendent of public instruction shall notify the school district or charter school that it is in violation of subsection A of this section. If the state board of education or the superintendent of public instruction determines that the school district or charter school has failed to comply with subsection A of this section within sixty days after a notice has been issued pursuant to this subsection, the state board of education or the superintendent of public instruction may direct the department of education to withhold up to ten per cent of the monthly apportionment of state aid that would otherwise be due the school district or charter school. The department of education shall adjust the school district or charter school's apportionment accordingly. When the state board of education or the superintendent of public instruction determines that the school district or charter school is in compliance with subsection A of this section, the department of education shall restore the full amount of state aid payments to the school district or charter school.

H. If the governing body that operates a public library determines that the public library is in violation of subsection B of this section, the governing body shall notify the public library that it is in violation of subsection B of this section. If the governing body determines that the public library has failed to comply with subsection B of this section within sixty days after a notice has been issued pursuant to this subsection, the governing body may direct the appropriate department or agency to withhold up to ten per cent of the monthly apportionment of public monies that would otherwise be due to the public library. When the governing body determines that the public library is in compliance with subsection b of this section, the governing body shall restore the full amount of public monies to the public library. END_STATUTE