Public Access Computers in Public Libraries

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. (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. Kirkpatrick State Information Center, 600 West Main Street, Jefferson City, Missouri. AUTHORITY: sections 182.825 and 182.827, RSMo 2016.* Emergency rule filed Nov. 13, 2002, effective Nov. 23, 2002, expired April 29, 2003. Original rule filed Nov. 13, 2002, effective April 30, 2003. Amended: Filed Feb. 7, 2019, effective July 30, 2019. *Original authority: 182.825, RSMo 2002 and 182.827, RSMo 2002.