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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1280
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR COLEMAN.
4700S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 182.825 and 182.827, RSMo, and to enact in lieu thereof three new sections
relating to access to pornographic materials.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 182.825 and 182.827, RSMo, are 1
repealed and three new sections enacted in lieu thereof, to be 2
known as sections 182.825, 182.826, and 182.827, to read as 3
follows:4
182.825. As used in sections 182.825, 182.826, and 1
182.827, the following terms mean: 2
(1) "Digital library catalog", an electronic database, 3
application, or website that lists or provides resources or 4
materials, including, but not limited to, books, electronic 5
books, periodicals, and multimedia content, including, but 6
not limited to, images, audio, and videos; 7
(2) "Explicit sexual material", as that term is 8
defined in section 573.010; 9
(3) "Pornographic for minors", as that term is defined 10
in section 573.010; 11
[(2)] (4) "Public access computer", a computer or 12
other electronic device that is: 13
(a) Located in an elementary or secondary public 14
school, charter school, or public library; 15
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(b) Frequently or regularly used directly by a minor; 16
and 17
(c) Connected to any [computer] electronic 18
communication system. 19
182.826. 1. A public elementary or secondary school, 1
including a public charter school, shall provide parents and 2
guardians of students access to any digital library catalog 3
provided to students. 4
2. Each school district and charter school providing 5
students access to a digital library catalog shall appoint 6
an administrator of the digital library catalog whose duties 7
shall include excluding from the digital library catalog any 8
resource or material that is explicit sexual material or 9
pornographic for minors. The identity and workplace 10
location of the administrator of a digital library catalog 11
shall be made available upon request. 12
3. Each school district and charter school shall adopt 13
a resources challenge policy that: 14
(1) Is easily accessible to the public, and notice of 15
which is provided to parents of students, along with access 16
to the digital library catalog, and at least once per school 17
year, as part of a curriculum notice; 18
(2) Allows any taxpayer in the district to dispute or 19
challenge any resource or material provided or recommended 20
by any school employee, including materials present in the 21
school library or digital library catalog, as explicit 22
sexual material or pornographic for minors; and 23
(3) Requires the school district or charter school to 24
maintain a list disclosing to the public, and permanently 25
publish on the district's or school's website, the results 26
of all such disputes or challenges. 27
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4. Any parent or guardian of a student may bring a 28
civil action against any school district or charter school, 29
as well as any school board member, charter school governing 30
body member, or other school district, public school, or 31
charter school officer or employee, including library 32
personnel and administrators of digital library catalogs, 33
for intentionally or negligently making available to his or 34
her student explicit sexual material or materials that are 35
pornographic for minors. Such action shall be brought in 36
the county where the violation occurred. If the parent or 37
guardian prevails in establishing negligence by a 38
preponderance of the evidence, the court shall award to the 39
parent five hundred dollars per violation plus court costs 40
and reasonable attorney's fees. If the parent or guardian 41
prevails in establishing an intentional violation by a 42
preponderance of the evidence, the court shall award to the 43
parent two thousand dollars per violation plus court costs 44
and reasonable attorney's fees. 45
182.827. 1. A public school or public charter school 1
that provides a public access computer or a digital library 2
catalog shall do one or both of the following: 3
(1) Equip [the] every computer or digital library 4
catalog with software that will [limit] restrict minors' 5
ability to gain access to material that is pornographic for 6
minors or explicit sexual materials, or purchase internet 7
connectivity from an internet service provider that provides 8
filter services to [limit] restrict access to material that 9
is pornographic for minors or explicit sexual material; 10
(2) Develop and implement by January 1, [2003] 2027, a 11
policy that is consistent with community standards and 12
establishes measures to restrict minors from gaining 13
computer access or digital library catalog access to 14
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material that is pornographic for minors or explicit sexual 15
material. 16
2. The department of elementary and secondary 17
education shall establish rules and regulations for the 18
enforcement of subsection 1 of this section. Any rule or 19
portion of a rule, as that term is defined in section 20
536.010, that is created under the authority delegated in 21
this section shall become effective only if it complies with 22
and is subject to all of the provisions of chapter 536 and, 23
if applicable, section 536.028. This section and chapter 24
536 are nonseverable and if any of the powers vested with 25
the general assembly pursuant to chapter 536 to review, to 26
delay the effective date or to disapprove and annul a rule 27
are subsequently held unconstitutional, then the grant of 28
rulemaking authority and any rule proposed or adopted after 29
August 28, 2002, shall be invalid and void. 30
3. A public library that provides a public access 31
computer or digital library catalog shall do one or both of 32
the following: 33
(1) Equip [the] every computer or digital library 34
catalog with software that will [limit] restrict minors' 35
ability to gain access to material that is pornographic for 36
minors or explicit sexual material, or purchase internet 37
connectivity from an internet service provider that provides 38
filter services to [limit] restrict access to material that 39
is pornographic for minors or explicit sexual material; 40
(2) Develop and implement by January 1, [2003] 2027, a 41
policy that is consistent with community standards and 42
establishes measures to restrict minors from gaining 43
computer access or digital library catalog access to 44
material that is pornographic for minors or explicit sexual 45
material. 46
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4. The secretary of state shall establish rules and 47
regulations for the enforcement of subsection 3 of this 48
section. Any rule or portion of a rule, as that term is 49
defined in section 536.010, that is created under the 50
authority delegated in this section shall become effective 51
only if it complies with and is subject to all of the 52
provisions of chapter 536 and, if applicable, section 53
536.028. This section and chapter 536 are nonseverable and 54
if any of the powers vested with the general assembly 55
pursuant to chapter 536 to review, to delay the effective 56
date or to disapprove and annul a rule are subsequently held 57
unconstitutional, then the grant of rulemaking authority and 58
any rule proposed or adopted after August 28, 2002, shall be 59
invalid and void. 60
5. Any public school board member, charter school 61
governing body member, or other public school, school 62
district, or charter school officer or employee, including 63
library personnel, who willfully neglects or refuses to 64
perform a duty imposed by this section shall be subject to 65
the penalties imposed pursuant to section 162.091. 66
6. [A public school or public school board member, 67
officer or employee, including library personnel, public 68
library or public library board member, officer, employee or 69
trustee that complies with subsection 1 or 3 of this section 70
or an internet service provider providing internet 71
connectivity to such public school or library in order to 72
comply with this section shall not be criminally liable or 73
liable for any damages that might arise from a minor gaining 74
access to material that is pornographic for minors through 75
the use of a public access computer that is owned or 76
controlled by the public school or public library] Any 77
parent of a student may bring a civil action, including an 78
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action for injunctive relief or for damages, against any 79
school board member, charter school governing body member, 80
or other school district, public school, or charter school 81
officer or employee, including library personnel, for any 82
violation of this section that occurs as a result of gross 83
negligence or intentional or willful and wanton misconduct 84
by such school board member, officer, or employee, including 85
library personnel. Such action shall be brought in the 86
county where the violation occurred. If the parent 87
prevails, the court shall award to such parent court costs 88
and reasonable attorney's fees and any other damages or 89
remedy which in the judgment of the court shall be 90
appropriate. 91
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