Effective - 28 Aug 2002
182.827. Responsibilities of public schools and public libraries with public access computers — rulemaking authority — immunity from liability, when. — 1. A public school 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 pornographic for minors or purchase internet connectivity from an internet service provider that provides filter services to limit access to material that is pornographic for minors;
(2) Develop and implement by January 1, 2003, a policy that is consistent with community standards and establishes measures to restrict minors from gaining computer access to material that is pornographic for minors.
2. The department of elementary and secondary education shall establish rules and regulations for the enforcement of subsection 1 of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2002, shall be invalid and void.
3. 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 pornographic for minors or purchase internet connectivity from an internet service provider that provides filter services to limit access to material that is pornographic for minors;
(2) Develop and implement by January 1, 2003, a policy that is consistent with community standards and establishes measures to restrict minors from gaining computer access to material that is pornographic for minors.
4. The secretary of state shall establish rules and regulations for the enforcement of subsection 3 of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2002, shall be invalid and void.
5. Any public school board member, officer or employee, including library personnel, who willfully neglects or refuses to perform a duty imposed by this section shall be subject to the penalties imposed pursuant to section 162.091.
6. A public school or public school board member, officer or employee, including library personnel, public library or public library board member, officer, employee or trustee that complies with subsection 1 or 3 of this section or an internet service provider providing internet connectivity to such public school or library in order to comply with this section shall not be criminally liable or liable for any damages that might arise from a minor gaining access to material that is pornographic for minors through the use of a public access computer that is owned or controlled by the public school or public library.
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(L. 2002 H.B. 1402)
Structure Missouri Revised Statutes
Title XI - Education and Libraries
Chapter 182 - County and City Libraries — Libraries Generally
Section 182.040 - City may become part of county library district — procedure — effect.
Section 182.060 - Board to organize — rules and regulations — county librarian, appointment.
Section 182.070 - General powers of district — seal.
Section 182.073 - Treasurer of board, custodian of funds, duties.
Section 182.080 - Board may contract for library service — procedure.
Section 182.105 - Issuance of bonds for building — limits — maturity — election — tax to pay.
Section 182.110 - Librarians required to attend meetings — expenses.
Section 182.120 - Services accessible to all residents of county.
Section 182.143 - Treasurer of board of trustees, duties.
Section 182.170 - Trustees, number, appointment.
Section 182.180 - Terms of office of trustees — removal.
Section 182.190 - Vacancies, how filled — three terms disqualifies — nepotism forbidden.
Section 182.210 - Annual report of librarian, contents, when submitted.
Section 182.221 - Treasurer, librarian and board employees — bond, duties (cities 600,000 or more).
Section 182.230 - Library free to public subject to regulations.
Section 182.240 - Council may provide penalties for damage to property.
Section 182.270 - Plans — contracts for library building (cities 10,000 or over).
Section 182.280 - Board may sell lands, when — exceptions (cities 10,000 or over).
Section 182.296 - Treasurer, librarian and board employees — bond, duties (city and county library).
Section 182.301 - City or city-county library may contract for cooperative service.
Section 182.410 - Directors — appointment — number — board to be bipartisan.
Section 182.420 - Term of directors — removal.
Section 182.430 - Vacancies, how filled — no compensation.
Section 182.440 - Duty of board — appointment of officers — powers.
Section 182.450 - Board to make annual report — contents.
Section 182.460 - City to provide penalties.
Section 182.480 - Municipal library districts created in cities — property subject to taxation.
Section 182.490 - City library tax rate to be continued — construction of library laws.
Section 182.510 - Law not to prevent merger of city and county district.
Section 182.610 - County library districts may consolidate, when.
Section 182.620 - Consolidation — resolution — election — form of ballot — transfer of property.
Section 182.645 - Fiscal year — budget — treasurer custodian of funds.
Section 182.647 - Bonds of employees — records and reports required.
Section 182.650 - Rate of tax — election to increase rate — form of ballot.
Section 182.655 - Board may purchase land and erect buildings — bonds issued, when — election.
Section 182.670 - Board to adopt rules and regulations — suspension of library privileges, when.
Section 182.701 - Definitions.
Section 182.705 - Powers — duties of urban public library districts.
Section 182.709 - Retirement system, employees eligible for certain public school retirement system.
Section 182.713 - Bond required for treasurer, librarian and certain other employees.
Section 182.800 - Free libraries — funds, investment of.
Section 182.810 - Insurance for library boards.
Section 182.815 - Disclosure of library records, definitions.