H.B. 131

1

INTERNET CHILD PROTECTION ACT
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Bradley A. Winn
5 This act modifies the State Library Division Code to establish policy and reporting
6 requirements for local library boards which provide Internet and online access by minors
7 in public libraries in order to prevent minor's access to obscene material. The act modifies
8 the Public Education Code to create and establish policy and reporting requirements for
9 local school boards which provide Internet and online access by minors in elementary and
10 secondary schools in order to prevent minor's access to obscene material. The act provides
11 an effective date.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 9-7-101, as last amended by Chapter 32, Laws of Utah 1995
15 ENACTS:
16 9-7-216, Utah Code Annotated 1953
17 9-7-217, Utah Code Annotated 1953
18 53A-3-422, Utah Code Annotated 1953
19 53A-3-423, Utah Code Annotated 1953
20 53A-3-424, Utah Code Annotated 1953
21 Be it enacted by the Legislature of the state of Utah:
22 Section 1. Section 9-7-101 is amended to read:
23 9-7-101. Definitions.
24 As used in this chapter:
25 (1) "Division" means the State Library Division.
26 (2) "Library board" means the library board of directors appointed locally as authorized
27 by Section 9-7-402 or 9-7-502 and which exercises general policy authority for library services

28 within a city or county of the state, regardless of the title by which it is known locally.
29 (3) "Policy" means the public library online access policy adopted by a library board to
30 meet the requirements of Section 9-7-215 .
31 [(2)] (4) "Political subdivision" means any county, city, town, school district, public transit
32 district, redevelopment agency, or special improvement or taxing district.
33 [(3)] (5) "State agency" means the state, any office, department, agency, authority,
34 commission, board, institution, hospital, college, university, or other instrumentality of the state.
35 [(4)] (6) (a) "State publication" means any book, compilation, directory, document,
36 contract or grant report, hearing memorandum, journal, law, legislative bill, magazine, map,
37 monograph, order, ordinance, pamphlet, periodical, proceeding, public memorandum, resolution,
38 register, rule, report, statute, audiovisual material, electronic publication, micrographic form and
39 tape or disc recording regardless of format or method of reproduction, issued or published by any
40 state agency or political subdivision for distribution.
41 (b) "State publication" does not include any correspondence, internal confidential
42 publications, office memoranda, university press publications, or publications of the state historical
43 society.
44 Section 2. Section 9-7-216 is enacted to read:
45 9-7-216. Process and content standards for policy.
46 (1) (a) Each library's policy shall be developed under the direction of the library board,
47 adopted in an open meeting, and have an effective date. The library board shall review the policy
48 at least every three years, and a footnote shall be added to the policy indicating the effective date
49 of the last review.
50 (b) Notice of the availability of the policy shall be posted in a conspicuous place within
51 the library for all patrons to observe. The library board may issue any other public notice it
52 considers appropriate to inform the community about the policy.
53 (2) The policy shall:
54 (a) state that it restricts access by minors to Internet or online sites that contain obscene
55 material and shall state how the library board intends to meet the requirements of Section 9-7-215 ;
56 (b) inform patrons that administrative procedures and guidelines for the staff to follow in
57 enforcing the policy have been adopted and are available for review at the library; and
58 (c) inform patrons that procedures for use by patrons and staff to handle complaints about

59 the policy, its enforcement, or about observed patron behavior have been adopted and are available
60 for review at the library.
61 Section 3. Section 9-7-217 is enacted to read:
62 9-7-217. Reporting.
63 The division shall make a report to the Business, Labor, and Economic Development
64 Interim Committee of the Legislature at least once every three years regarding the compliance of
65 library boards with Section 9-7-215 .
66 Section 4. Section 53A-3-422 is enacted to read:
67 53A-3-422. Internet and online access policy required.
68 No state funds appropriated in accordance with Section 53A-1-702 shall be provided to any
69 local school board that provides access to the Internet or an online service S [ to minors ] s unless the
70 local school board adopts and enforces a policy to restrict access S [ by minors ] s to Internet or online
71 sites that contain obscene material.
72 Section 5. Section 53A-3-423 is enacted to read:
73 53A-3-423. Process and content standards for policy.
74 (1) "Policy" as used in this section means the elementary and secondary school online
75 access policy adopted by a local school board to meet the requirements of Section 53A-3-422 .
76 (2) (a) Each policy shall be developed under the direction of the local school board,
77 adopted in an open meeting, and have an effective date. The local school board shall review the
78 policy at least every three years, and a footnote shall be added to the policy indicating the effective
79 date of the last review.
80 (b) Notice of the availability of the policy shall be posted in a conspicuous place within
81 each school S [ for all minors to observe ] s . The local school board may issue any other public notice
82 it considers appropriate.
83 (3) The policy shall:
84 (a) state that it restricts access S [ by minors ] s to Internet or online sites that contain obscene
85 material and shall state how the local school board intends to meet the requirements of Section
86 53A-3-422 ;
87 (b) inform the public that administrative procedures and guidelines for the staff to follow
88 in enforcing the policy have been adopted and are available for review at the school; and
89 (c) inform the public that procedures S [ for use by minors and staff ] s to handle complaints

90 about the policy, its enforcement, or about observed behavior S [ of minors ] s have been adopted
90a and are
91 available for review at the school.
92 Section 6. Section 53A-3-424 is enacted to read:
93 53A-3-424. Rulemaking -- Reporting.
94 (1) The State Office of Education may make rules in accordance with Title 63, Chapter
95 46a, Utah Administrative Rulemaking Act, regarding compliance standards and reporting
96 requirements for local school boards with respect to the policy required by Section 53A-3-422 .
97 (2) The State Office of Education shall make a report to the Education Interim Committee
98 of the Legislature at least once every three years regarding the compliance of local school boards
99 with Section 53A-3-422 .
100 Section 7. Effective date.
101 This act takes effect on July 1, 2001.




Legislative Review Note
as of 1-24-01 10:01 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel