Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule establishes procedures for the
administration of public library public access computers for the purposes of
limiting access to material that is pornographic to minors. These procedures
are administered by the state librarian under the direction of the secretary of
state.
PURPOSE: This rule is being amended to update its
language and content and to clarify the "Certification of Compliance"
process.
(1) Definitions. As
used in this rule, the following terms shall mean:
(A) "Public library" is a library established
and maintained under the provisions of the library laws or other laws of the
state related to libraries, primarily supported by public funds and designed to
serve the general public. A public library must be legally established
according to the provisions of current or other laws of the state related to
libraries;
(B) "Secretary" is the
Missouri secretary of state;
(C)
"State librarian" is the Missouri state librarian;
(D) "Pornographic for minors," as that term
is defined in section
573.010,
RSMo;
(E) "Minor," as that term is
defined in section
573.010,
RSMo;
(F) "Public access computer,"
as that term is defined in section
182.825,
RSMo.
(2) The state
librarian will administer procedures in accordance with the provisions set
forth herein and in applicable state laws.
(3) One (1) of the following requirements
must be met by a public library in regards to limiting access to material that
is pornographic to minors:
(A) A public
library must equip any public access 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;
or
(B) 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) Certification of Compliance.
(A) In order to be found in compliance with
the state library's rule, a public library must certify itself to be in
compliance-
1. By filing a certification
form, designated by the state library and posted on the state library's
website, with the state librarian or his/her designee and by demonstrating at
least one (1) of the following:
A. The
Library has an Internet usage policy in accordance with section 182.827.3(2),
RSMo; or
B. The Library uses
filtering software on its public access computers.
(B) This certification is to be
submitted-
1. In the first year of
certification, by the date set by the Missouri State Library.
2. Each subsequent year, by the date state
aid forms are required to be filed.
(5) Noncompliance.
(A) Any "public library or public library
board member, officer, employee or trustee" not willing to submit such
certification of compliance will be found noncompliant with this
rule.
(6) Compliance
forms, designated by the state library and available on the state library's
website http://www.sos.state.mo.us/library/,
should be filed with the State Library, which is located in Room 200 of the
James C. Kirk-patrick State Information Center, 600 West Main Street, Jefferson
City, Missouri.
*Original authority: 182.825, RSMo 2002 and 182.827, RSMo
2002.
