182.827. Responsibilities of public schools and public libraries with public access computers--rulemaking authority--immunity from liability, when.
Responsibilities of public schools and public libraries with publicaccess computers--rulemaking authority--immunity from liability,when.
182.827. 1. A public school that provides a public access computershall do one or both of the following:
(1) Equip the computer with software that will limit minors' abilityto gain access to material that is pornographic for minors or purchaseInternet connectivity from an Internet service provider that providesfilter services to limit access to material that is pornographic forminors;
(2) Develop and implement by January 1, 2003, a policy that isconsistent with community standards and establishes measures to restrictminors from gaining computer access to material that is pornographic forminors.
2. The department of elementary and secondary education shallestablish rules and regulations for the enforcement of subsection 1 of thissection. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2002, shall beinvalid and void.
3. A public library that provides a public access computer shall doone or both of the following:
(1) Equip the computer with software that will limit minors' abilityto gain access to material that is pornographic for minors or purchaseInternet connectivity from an Internet service provider that providesfilter services to limit access to material that is pornographic forminors;
(2) Develop and implement by January 1, 2003, a policy that isconsistent with community standards and establishes measures to restrictminors from gaining computer access to material that is pornographic forminors.
4. The secretary of state shall establish rules and regulations forthe enforcement of subsection 3 of this section. Any rule or portion of arule, as that term is defined in section 536.010, RSMo, that is createdunder the authority delegated in this section shall become effective onlyif it complies with and is subject to all of the provisions of chapter 536,RSMo, and, if applicable, section 536.028, RSMo. This section and chapter536, RSMo, are nonseverable and if any of the powers vested with thegeneral assembly pursuant to chapter 536, RSMo, to review, to delay theeffective date or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2002, shall be invalid and void.
5. Any public school board member, officer or employee, includinglibrary personnel, who willfully neglects or refuses to perform a dutyimposed by this section shall be subject to the penalties imposed pursuantto section 162.091, RSMo.
6. A public school or public school board member, officer oremployee, including library personnel, public library or public libraryboard member, officer, employee or trustee that complies with subsection 1or 3 of this section or an Internet service provider providing Internetconnectivity to such public school or library in order to comply with thissection shall not be criminally liable or liable for any damages that mightarise from a minor gaining access to material that is pornographic forminors through the use of a public access computer that is owned orcontrolled by the public school or public library.
(L. 2002 H.B. 1402)