NY State Senate Bill 2009-S1489

Senate Bill S1489

2009-2010 Legislative Session

Relates to requiring filtering software on computers in public libraries and schools to prevent minors from viewing indecent materials

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to education
Feb 02, 2009	referred to education

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2009-S1489 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§751, 305 & 272, add §253-a, Ed L

2009-S1489 (ACTIVE) - Summary

Relates to requiring filtering software on computers in public libraries and schools to prevent minors from viewing indecent materials.

2009-S1489 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1489

 TITLE OF BILL :

An act to amend the education law, in relation to requiring filtering
software on computers in public libraries and schools to prevent
minors from viewing indecent materials


 PURPOSE :

To prevent minors, by requiring the installation of filtering software
on school and library computers, from viewing inappropriate sexual
images on the Internet.

 SUMMARY OF PROVISIONS :

Section 1 -- Requires school districts to purchase software,
regardless of the cost, to prevent minors from accessing inappropriate
sexual images on the Internet.

Section 2 -- Requires the Education Commissioner to require schools
and libraries to install software to filter-out inappropriate Internet
sexual content. Additionally, the Commissioner is required to
establish a list of approved Internet filtering software.

Section 3 -- This section requires all libraries covered by section
253-A of the Education Law to install software on computers to
filter-out Internet sexual content that would be inappropriate for
minors.

Section 4 --This section requires all libraries receiving state aid to
install software on computers to filter-out Internet sexual content
that would be inappropriate for minors.

Section 5 -- Establishes the effective date of the act.

 JUSTIFICATION :

Throughout New York State, schools and libraries provide free Internet
access to students, families, and other interested individuals. The
Internet, as we all know, is a terrific tool for today's students.

Unfortunately, the Internet is also filled with inappropriate,
sexually explicit, and obscene material that no minor should be able
to view. In fact, some estimate that twenty percent of all web sites
contain pornography.

Minors need to be protected from this material. This bill seeks to
take the modest step of requiring school and library officials to
install software that would prevent minors from accessing these images
and web sites.

 LEGISLATIVE HISTORY :

S.6516/A.10044 of 2005-2006
S.2298/A.4481 of 2007-2008

 FISCAL IMPLICATIONS :

Undetermined.

 LOCAL FISCAL IMPLICATIONS :

Undetermined.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law; provided, however that sections one, three and four of
this act shall take effect on the one hundred fiftieth day after this
act shall have become a law.

2009-S1489 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1489

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by  Sens.  DeFRANCISCO,  GRIFFO,  LARKIN,  LAVALLE, MAZIARZ,
  SEWARD, VOLKER -- read twice and ordered printed, and when printed  to
  be committed to the Committee on Education

AN  ACT  to  amend the education law, in relation to requiring filtering
  software on computers in  public  libraries  and  schools  to  prevent
  minors from viewing indecent materials

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of section  751  of  the  education  law,  as
amended  by  section  4 of part A of chapter 436 of the laws of 1997, is
amended and a new subdivision 5 is added to read as follows:
  3. No school district shall  be  required  to  purchase  or  otherwise
acquire  software  programs,  the  cost  of which shall exceed an amount
equal to the software factor multiplied by the sum of the public  school
district enrollment and the nonpublic school enrollment in the base year
as  defined in subparagraphs two and three of paragraph n of subdivision
one of section thirty-six hundred two of this chapter UNLESS SUCH SCHOOL
DISTRICT IS REQUIRED TO PURCHASE  COMPUTER  PROGRAMS  OR  OTHER  SYSTEMS
APPROVED  BY  THE DEPARTMENT TO FILTER OR BLOCK MATERIAL THAT IS HARMFUL
TO MINORS, AS DEFINED IN SECTION 235.20 OF THE PENAL  LAW,  PURSUANT  TO
REGULATIONS PROMULGATED BY THE COMMISSIONER.
  5. A SCHOOL DISTRICT RECEIVING AID UNDER THIS SECTION MUST COMPLY WITH
REGULATIONS  PROMULGATED  BY  THE  COMMISSIONER  PURSUANT TO SUBDIVISION
FORTY-TWO OF SECTION THREE HUNDRED FIVE OF THIS TITLE.
  S 2. Section 305 of the education law  is  amended  by  adding  a  new
subdivision 42 to read as follows:
  42.  THE  COMMISSIONER  SHALL  PROMULGATE REGULATIONS REQUIRING PUBLIC
LIBRARIES AND PUBLIC SCHOOLS WHICH UTILIZE TELECOMMUNICATIONS, COMPUTER,
DATA,  THE  INTERNET,  AND  INFORMATION  SYSTEMS,  TO  UTILIZE  COMPUTER
PROGRAMS  OR OTHER SYSTEMS APPROVED BY THE DEPARTMENT TO FILTER OR BLOCK
MATTER THAT IS DEFINED AS HARMFUL TO MINORS UNDER SECTION 235.20 OF  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01981-01-9

S. 1489                             2

PENAL  LAW.  THE  INTERNET SHALL BE DEFINED AS AN INTERNATIONAL COMPUTER
NETWORK OF BOTH FEDERAL AND NON-FEDERAL  INTEROPERABLE  PACKET  SWITCHED
DATA  NETWORKS  WHICH  USERS  MAY ACCESS THROUGH A SERVICE PROVIDER. THE
DEPARTMENT  SHALL  PUBLISH  A  LIST  OF SOFTWARE APPROVED BY IT FOR SUCH
PURPOSE AND SHALL MAKE SUCH LIST AVAILABLE ON ITS WEBSITE.
  S 3. The education law is amended by adding a  new  section  253-a  to
read as follows:
  S  253-A.  INTERNET  ACCESS  IN  A  PUBLIC LIBRARY. 1. AS USED IN THIS
SECTION THE TERM "INTERNET" MEANS A MATRIX  OF  NETWORKS  THAT  CONNECTS
COMPUTERS AROUND THE WORLD.
  2.  IF A PUBLIC LIBRARY OFFERS INTERNET ACCESS SERVICES TO THE PUBLIC,
THE GOVERNING BODY OF SUCH LIBRARY SHALL BE MANDATED TO INSTALL SOFTWARE
ON COMPUTER TERMINALS WHICH ACCESS THE INTERNET TO RESTRICT SUCH COMPUT-
ERS FROM RECEIVING MATTER THAT IS OBSCENE, AS SUCH TERM  IS  DEFINED  IN
SUBDIVISION  ONE  OF SECTION 235.00 OF THE PENAL LAW, OR THAT IS DEFINED
AS HARMFUL TO MINORS UNDER SECTION 235.20 OF THE PENAL LAW.
  S 4. Subdivision 1 of section 272 of the education law is  amended  by
adding a new paragraph m to read as follows:
  M.  EACH PUBLIC LIBRARY WHICH PROVIDES COMPUTER INTERNET ACCESS TO THE
PUBLIC SHALL INSTALL SOFTWARE OF A TYPE APPROVED BY THE DEPARTMENT WHICH
RESTRICTS ACCESS TO MATERIAL THAT IS OBSCENE, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION 235.00 OF THE PENAL LAW, OR THAT  IS  HARMFUL
TO  MINORS, AS SUCH TERM IS DEFINED IN SUBDIVISION SIX OF SECTION 235.20
OF THE PENAL LAW, ON ANY COMPUTER EQUIPMENT  OR  SERVICE  AVAILABLE  FOR
PUBLIC USE.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however that sections one, three  and  four
of this act shall take effect on the one hundred fiftieth day after this
act shall have become a law.

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