S T A T E   O F   N E W   Y O R K
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                                  4581

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

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.