SENATE BILL NO. 139
INTRODUCED BY J. WELLS
A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING PUBLIC LIBRARIES TO ESTABLISH AND ENFORCE AN INTERNET USE POLICY TO PROTECT MINORS FROM EXPOSURE TO OBSCENITY OVER THE INTERNET; AND PROVIDING FOR THE WITHHOLDING OF STATE FUNDING TO LIBRARIES THAT FAIL TO ADOPT AN INTERNET USE POLICY."
WHEREAS, the Legislature desires to protect children from exposure to obscenity, child pornography, and material harmful to minors; and
WHEREAS, the Legislature desires to prevent any user from accessing obscene material and child pornography within a public library setting; and
WHEREAS, there is a need to balance computer access to the Internet against the need and duty to protect children from contact with sexual predators and access to obscene material, child pornography, and material harmful to minors; and
WHEREAS, pornography in a public library setting can create a hostile environment constituting sexual harassment; and
WHEREAS, the Legislature desires to take reasonable steps to prevent a hostile or dangerous environment in public libraries, prevent the sexual harassment of library patrons, deter public sexual acts, and deter or prevent increased crime; and
WHEREAS, the general welfare, health, morals, and safety of the citizens of the state will be promoted by the enactment of this legislation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Short title. [Sections 1 through 4] may be cited as the "Child Internet Protection Act".
NEW SECTION. Section 2. Purpose. The purpose of [sections 1 through 4] is to protect minors from exposure to obscenity, child pornography, and materials that are harmful to minors and to prevent, eliminate, and control the adverse secondary effects created by unrestricted access to the internet.
NEW SECTION. Section 3. Public library internet policies -- limitation on display or dissemination of obscene materials to minors. (1) The board of trustees of each public library shall establish and enforce an internet use policy for the international network of computer systems commonly known as the internet. At a minimum, the policy must:
(a) prevent minors from using the library's computer equipment and communications services to send, receive, view, or download obscene material that is prohibited from being displayed or disseminated to minors by 45-8-206;
(b) establish measures to be taken against a person who willfully violates the policy; and
(c) comply with any policy adopted by the governing body of the library under 45-8-206(2)(c).
(2) A public library may implement its internet use policy by use of software programs designed to block access to prohibited material or by selection of online servers that block access to prohibited material.
(3) A public library shall establish procedures for expedited review and resolution of a claim that a software program or other policy of the library denies a user access to material that is not within the prohibition of the internet use policy adopted under subsection (1). The procedures must require that the person requesting review be notified of the decision within 2 business days of the request for review. This subsection does not apply to the selection of an online server by the public library.
NEW SECTION. Section 4. State library commission -- assistance -- withholding of funds. (1) The state library commission, established in 22-1-101, shall consult with and assist any public library that requests assistance in the development and implementation of an internet use policy under [section 1].
(2) The commission shall withhold from a public library that fails to adopt and implement an internet use policy under [section 1] funding from state aid to public libraries under 22-1-326, reimbursement for interlibrary loans under 22-1-328, and base grants under 22-1-331.
NEW SECTION. Section 5. Codification instruction. [Sections 1 through 4] are intended to be codified as an integral part of Title 22, chapter 1, and the provisions of Title 22, chapter 1, apply to [sections 1 through 4].
NEW SECTION. Section 6. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
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Latest Version of SB 139 (SB0139.01)
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