1     
LIBRARY TECHNOLOGY USE AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd Weiler

5     
House Sponsor: Susan Pulsipher

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the policy requirements of public libraries.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies provisions related to a public library's required Internet safety policy to
13     include wireless networks.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          9-7-215, as last amended by Laws of Utah 2011, Chapter 320
21     

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 9-7-215 is amended to read:
24          9-7-215. Internet and online access policy required.
25          (1) As used in this section:
26          (a) "Child pornography" is as defined in Section 76-5b-103.
27          (b) "Harmful to minors" is as defined in Section 76-10-1201.

28          (c) "Obscene" is as defined in 20 U.S.C. Sec. 9101.
29          (d) "Technology protection measure" means a technology that blocks or filters Internet
30     access to visual depictions.
31          (2) State funds may not be provided to any public library that [offers use of] provides
32     public access to the Internet [or an online service to the public] unless the library:
33          (a) (i) has in place a policy of Internet safety for minors, including the operation of a
34     technology protection measure:
35          (A) with respect to any [publicly accessible] computer [with Internet access; and] or
36     other device while connected to the Internet through a network provided by the library,
37     including a wireless network; and
38          (B) that protects against access to visual depictions that are:
39          (I) child pornography;
40          (II) harmful to minors; or
41          (III) obscene; and
42          (ii) is enforcing the operation of the technology protection measure described in
43     Subsection (2)(a)(i) during any use by a minor of a computer [by a minor] or other device that
44     is connected to the Internet through a network provided by the library, including a wireless
45     network; and
46          (b) (i) has in place a policy of Internet safety, including the operation of a technology
47     protection measure:
48          (A) with respect to any [publicly accessible] computer [with Internet access; and] or
49     other device while connected to the Internet through a network provided by the library,
50     including a wireless network; and
51          (B) that protects against access to visual depictions that are:
52          (I) child pornography; or
53          (II) obscene; and
54          (ii) is enforcing the operation of the technology protection measure described in
55     Subsection (2)(b)(i) during any use of a computer or other device that is connected to the
56     Internet through a network provided by the library, including a wireless network.
57          (3) This section does not prohibit a public library from limiting Internet access or
58     otherwise protecting against materials other than the materials specified in this section.

59          (4) An administrator, supervisor, or other representative of a public library may disable
60     a technology protection measure described in Subsection (2):
61          (a) at the request of a library patron who is not a minor; and
62          (b) to enable access for research or other lawful purposes.






Legislative Review Note
Office of Legislative Research and General Counsel