S T A T E O F N E W Y O R K
________________________________________________________________________
4581
2009-2010 Regular Sessions
I N A S S E M B L Y
February 5, 2009
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Introduced by M. of A. WALKER, McDONOUGH, ALFANO, BARRA, THIELE, SALADI-
NO, McKEVITT -- read once and referred to the Committee on Govern-
mental Operations
AN ACT to amend the state technology law, in relation to prohibited
internet use in state agencies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The state technology law is amended by adding a new section
203-a to read as follows:
S 203-A. MODEL INTERNET USE POLICY. 1. THE OFFICE SHALL ADOPT RULES
AND REGULATIONS IN CONFORMITY WITH THE PROVISIONS OF THIS ARTICLE, AND
SPECIFY A MODEL INTERNET USE POLICY REQUIRED FOR USE BY ALL STATE AGEN-
CIES. SUCH MODEL INTERNET USE POLICY SHALL INCLUDE, BUT NOT BE LIMITED
TO, THE FOLLOWING ELEMENTS:
(A) PROHIBITED VIEWING OF WEBSITES CONTAINING PORNOGRAPHIC LANGUAGE OR
IMAGES BY EMPLOYEES OF STATE AGENCIES ON ALL PERSONAL COMPUTERS IN STATE
AGENCIES;
(B) REQUIRED USE OF BLOCKING AND TRACKING SOFTWARE ON ALL PERSONAL
COMPUTERS AND CENTRAL TERMINALS IN STATE AGENCIES;
(C) MANDATORY PENALTY FOR SUSTAINED OR MULTIPLE VIEWING OF PROHIBITED
SITES ON PERSONAL COMPUTERS IN STATE AGENCIES BY EMPLOYEES OF STATE
AGENCIES;
(D) REQUIRED REPORTING TO THE STATE POLICE BY ANY EMPLOYER, COMPUTER
ENGINEER, COMPUTER TECHNICIAN, MANAGEMENT INFORMATION ENGINEER OR
MANAGEMENT INFORMATION TECHNICIAN WHO HAS KNOWLEDGE OF, OR OBSERVES,
WITHIN THE SCOPE OF HIS OR HER PROFESSIONAL CAPACITY OR EMPLOYMENT, THE
SUSTAINED VIEWING OF ANY PORNOGRAPHIC LANGUAGE OR IMAGES BY EMPLOYEES OF
STATE AGENCIES ON PERSONAL COMPUTERS IN STATE AGENCIES. PERSONS MAKING
SUCH REPORTS SHALL HAVE IMMUNITY FROM ANY LIABILITY, CIVIL OR CRIMINAL,
THAT MIGHT OTHERWISE RESULT BY REASON OF SUCH ACTION PROVIDED SUCH
PERSON WAS ACTING IN GOOD FAITH IN DISCHARGE OF HIS OR HER DUTIES AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01603-01-9
A. 4581 2
WITHIN THE SCOPE OF EMPLOYMENT AND THAT SUCH LIABILITY DID NOT RESULT
FROM THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF SUCH PERSON, OFFICIAL
OR INSTITUTION.
2. EACH STATE AGENCY SHALL POST ITS INTERNET USE POLICY ON ITS WEBSITE
AND IN PERSONNEL POLICY MANUALS.
3. FOR THE PURPOSES OF THIS SECTION ONLY, PORNOGRAPHIC LANGUAGE OR
IMAGES, IS DEFINED AS A NARRATIVE, STILL PHOTO OR MOTION PICTURE DEPICT-
ING ACTS OF SEXUAL INTERCOURSE OR ACTS OF SEXUAL PERVERSION. THIS
SECTION SHALL NOT BE CONSTRUED AS APPLYING TO BONA FIDE MEDICAL OR
SCIENTIFIC ARTICLES, PHOTOGRAPHS OR FILMS.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date is
authorized and directed to be made and completed on or before such
effective date.