75-2589. Kansas children's internet protection act; public libraries; school districts; state librarian; rules and regulations; liability.
(a) Any school district that provides public access to a computer shall implement and enforce technology protection measures to ensure that no minor has access to visual depictions that are child pornography, harmful to minors or obscene. Each board of education shall adopt policies for the enforcement of this subsection. Such policies and any standards or rules promulgated pursuant to such policies shall be made available to the public.
(b) (1) Any public library that provides public access to a computer shall implement and enforce technology protection measures to:
(A) Ensure that no minor has access to visual depictions that are child pornography, harmful to minors or obscene; and
(B) ensure that no person has access to visual depictions that are child pornography or obscene.
(2) An employee of a public library may disable a technology protection measure if:
(A) Requested to do so by a library patron who is not a minor; and
(B) the technology protection measure is disabled only to enable access for legitimate research or other lawful purpose.
(c) The state librarian shall establish standards and promulgate rules and regulations for the enforcement of the provisions of subsection (b). Such standards and rules and regulations shall be distributed to the public libraries in this state, posted in a conspicuous place in such public libraries and made available to the public.
(d) The governing body of each public library shall adopt a policy to implement and enforce the provisions of subsection (b) in accordance with the standards and rules and regulations described in subsection (c). Such policy shall be reviewed at least once every three years by such governing body and shall:
(1) State that the purpose of the policy is to restrict access to those materials that are child pornography, harmful to minors or obscene;
(2) provide how such public library will meet the requirements of this section;
(3) require such public library to inform its patrons of the standards and rules and regulations that library employees follow to enforce the provisions of this section; and
(4) require such public library to inform its patrons that procedures for the submission of complaints about the standards and rules and regulations, the enforcement thereof, or observed patron behavior, have been adopted and are available for review.
(e) Any school district or public library that is in compliance with the provisions of this section shall not be liable for any damages arising out of or related to a minor gaining access to visual depictions that are child pornography, harmful to minors or obscene through the use of a computer that is owned or controlled by such school district or public library.
(f) As used in this section:
(1) "Board of education" means the board of education of any school district;
(2) "child pornography" means a visual depiction of a minor shown or heard engaging in sexually explicit conduct with intent to arouse or satisfy the sexual desires or appeal to the prurient interest of the offender or any other person;
(3) "harmful to minors" shall have the same meaning as that term is defined in K.S.A. 2020 Supp. 21-6402, and amendments thereto;
(4) "minor" means any person under 18 years of age;
(5) "obscene" shall have the same meaning as that term is defined in K.S.A. 2020 Supp. 21-6401, and amendments thereto;
(6) "public library" means any library established pursuant to article 12 of chapter 12 of the Kansas Statutes Annotated, and amendments thereto, and any other library which serves the general public and is funded in whole or in part from moneys derived from tax levies;
(7) "school district" means any public school district organized under the laws of this state;
(8) "technology protection measure" means any computer technology or other process that blocks or filters online access to visual depictions; and
(9) "visual depiction" shall have the same meaning as that term is defined in K.S.A. 2020 Supp. 21-5510, and amendments thereto.
(g) This act shall be known and may be cited as the Kansas children's internet protection act.
History: L. 2013, ch. 98, § 1; July 1.