H.B. 131 Enrolled

INTERNET CHILD PROTECTION ACT
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: Bradley A. Winn
This act modifies the State Library Division Code to establish policy and reporting
requirements for local library boards which provide Internet and online access by minors
in public libraries in order to prevent minor's access to obscene material. The act modifies
the Public Education Code to create and establish policy and reporting requirements for
local school boards which provide Internet and online access in elementary and secondary
schools in order to prevent access to obscene material. The act provides an effective date.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
9-7-101, as last amended by Chapter 32, Laws of Utah 1995
ENACTS:
9-7-216, Utah Code Annotated 1953
9-7-217, Utah Code Annotated 1953
53A-3-422, Utah Code Annotated 1953
53A-3-423, Utah Code Annotated 1953
53A-3-424, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 9-7-101 is amended to read:
9-7-101. Definitions.
As used in this chapter:
(1) "Division" means the State Library Division.
(2) "Library board" means the library board of directors appointed locally as authorized
by Section 9-7-402 or 9-7-502 and which exercises general policy authority for library services
within a city or county of the state, regardless of the title by which it is known locally.
(3) "Policy" means the public library online access policy adopted by a library board to
meet the requirements of Section 9-7-215 .

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

- 2 -

the policy, its enforcement, or about observed patron behavior have been adopted and are available
for review at the library.
Section 3. Section 9-7-217 is enacted to read:
9-7-217. Reporting.
The division shall make a report to the Business, Labor, and Economic Development Interim
Committee of the Legislature at least once every three years regarding the compliance of library
boards with Section 9-7-215 .
Section 4. Section 53A-3-422 is enacted to read:
53A-3-422. Internet and online access policy required.
No state funds appropriated in accordance with Section 53A-1-702 shall be provided to any
local school board that provides access to the Internet or an online service unless the local school
board adopts and enforces a policy to restrict access to Internet or online sites that contain obscene
material.
Section 5. Section 53A-3-423 is enacted to read:
53A-3-423. Process and content standards for policy.
(1) "Policy" as used in this section means the elementary and secondary school online access
policy adopted by a local school board to meet the requirements of Section 53A-3-422 .
(2) (a) Each policy shall be developed under the direction of the local school board, adopted
in an open meeting, and have an effective date. The local school board shall review the policy at
least every three years, and a footnote shall be added to the policy indicating the effective date of the
last review.
(b) Notice of the availability of the policy shall be posted in a conspicuous place within each
school. The local school board may issue any other public notice it considers appropriate.
(3) The policy shall:
(a) state that it restricts access to Internet or online sites that contain obscene material and
shall state how the local school board intends to meet the requirements of Section 53A-3-422 ;
(b) inform the public that administrative procedures and guidelines for the staff to follow
in enforcing the policy have been adopted and are available for review at the school; and

- 3 -

(c) inform the public that procedures to handle complaints about the policy, its enforcement,
or about observed behavior have been adopted and are available for review at the school.
Section 6. Section 53A-3-424 is enacted to read:
53A-3-424. Rulemaking -- Reporting.
(1) The State Office of Education may make rules in accordance with Title 63, Chapter 46a,
Utah Administrative Rulemaking Act, regarding compliance standards and reporting requirements
for local school boards with respect to the policy required by Section 53A-3-422 .
(2) The State Office of Education shall make a report to the Education Interim Committee
of the Legislature at least once every three years regarding the compliance of local school boards
with Section 53A-3-422 .
Section 7. Effective date.
This act takes effect on July 1, 2001.

- 4 -