1     
CULTURAL AND COMMUNITY ENGAGEMENT AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mike Winder

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to the Department of Cultural and Community
10     Engagement.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     clarifies the duties of the State Library Division (division) within the Department of
15     Cultural and Community Engagement;
16          ▸     prohibits the division from providing for public access to certain publications
17     subject to copyright protection unless the division obtains consent;
18          ▸     requires the Office of Legislative Research and General Counsel to submit
19     legislative publications to the division for retention on the division's digital library;
20          ▸     excludes political subdivisions and state institutions of higher education from
21     certain document submission requirements;
22          ▸     requires state agencies to submit a digital copy of certain publications to the
23     division regardless of format for retention on the division's digital library;
24          ▸     repeals the division's depository library program;
25          ▸     modifies provisions related to public library internet safety; and
26          ▸     makes technical and conforming changes.
27     Money Appropriated in this Bill:
28          None
29     Other Special Clauses:
30          None
31     Utah Code Sections Affected:
32     AMENDS:
33          9-7-101, as last amended by Laws of Utah 2019, Chapter 221
34          9-7-201, as renumbered and amended by Laws of Utah 1992, Chapter 241
35          9-7-203, as last amended by Laws of Utah 2017, Chapter 48
36          9-7-205, as last amended by Laws of Utah 2017, Chapter 48
37          9-7-207, as last amended by Laws of Utah 2006, Chapter 81
38          9-7-208, as repealed and reenacted by Laws of Utah 2006, Chapter 81
39          9-7-213, as last amended by Laws of Utah 2010, Chapter 378
40          9-7-215, as last amended by Laws of Utah 2017, Chapter 208
41     REPEALS:
42          9-7-209, as last amended by Laws of Utah 2006, Chapter 81
43          9-7-210, as last amended by Laws of Utah 1995, Chapter 32
44     

45     Be it enacted by the Legislature of the state of Utah:
46          Section 1. Section 9-7-101 is amended to read:
47          9-7-101. Definitions.
48          As used in this chapter:
49          (1) "Board" means the State Library Board created in Section 9-7-204.
50          (2) "Digital library" means the web-accessible digital library of state publications
51     created under Section 9-7-208.
52          [(2)] (3) "Division" means the State Library Division.
53          (4) "Legislative office" means the Office of Legislative Research and General Counsel.
54          (5) "Legislative publication" means:
55          (a) the Utah Code;
56          (b) the Laws of Utah; and
57          (c) a biennial version of the Utah Constitution after amendments that passed during the
58     regular general election are incorporated into the Utah Constitution.
59          [(3)] (6) "Library board" means the library board of directors appointed locally as
60     authorized by Section 9-7-402 or 9-7-502 and which exercises general policy authority for
61     library services within a city or county of the state, regardless of the title by which the board is
62     known locally.
63          [(4)] (7) "Physical format" means a transportable medium in which analog or digital
64     information is published, such as print, microform, magnetic disk, or optical disk.
65          [(5)] (8) "Policy" means the public library online access policy adopted by a library
66     board to meet the requirements of Section 9-7-215.
67          [(6)] (9) "Political subdivision" means a county, city, town, school district, public
68     transit district, redevelopment agency, or special improvement or taxing district.
69          [(7)] (10) (a) "State agency" means:
70          [(a)] (i) the state; or
71          [(b)] (ii) an office, department, [agency, authority, commission, board, institution,
72     hospital, college, university] division, or other agency or instrumentality of the state.
73          [(8) (a) "State publication" means a book, compilation, directory, document, contract or
74     grant report, hearing memorandum, journal, law, legislative bill, magazine, map, monograph,
75     order, ordinance, pamphlet, periodical, proceeding, public memorandum, resolution, register,
76     rule, report, statute, audiovisual material, electronic publication, micrographic form and tape or
77     disc recording regardless of format or method of reproduction, issued or published by a state
78     agency or political subdivision for distribution.]
79          [(b) "State publication" does not include correspondence, internal confidential
80     publications, office memoranda, university press publications, or publications of the state
81     historical society.]
82          (b) "State agency" includes the legislative office.
83          (c) "State agency" does not include:
84          (i) a political subdivision; or
85          (ii) a state institution of higher education.
86          (11) "State institution of higher education" means an institution described in Section
87     53B-2-101 or any other university or college that is established and maintained by the state.
88          (12) (a) "State publication" means any information, regardless of format, that a state
89     agency makes available to the public, as required by law.
90          (b) "State publication" includes a legislative publication.
91          (c) "State publication" does not include information that a political subdivision or state
92     institution of higher education makes available to the public.
93          Section 2. Section 9-7-201 is amended to read:
94          9-7-201. State Library Division -- Creation -- Purpose.
95          (1) There is created within the department the State Library Division under the
96     administration and general supervision of the executive director or the designee of the
97     executive director.
98          (2) The division shall be under the policy direction of the board.
99          (3) The division shall function as the library authority for the state and is responsible
100     for [general library services, extension services, the preservation, distribution and exchange of
101     state publications, legislative reference, and other services considered proper for a state
102     library.]:
103          (a) general library services;
104          (b) mobile library services;
105          (c) providing for permanent public access to state publications; and
106          (d) other services considered proper for a state library.
107          Section 3. Section 9-7-203 is amended to read:
108          9-7-203. Division duties.
109          [The] (1) Subject to the requirements of this part, the division shall:
110          [(1)] (a) establish, operate, and maintain:
111          (i) a state publications collection[,];
112          (ii) a digital library of state publications[,]; and
113          (iii) a bibliographic control system[, and depositories as provided in this part];
114          [(2)] (b) cooperate with:
115          [(a)] (i) other state agencies to facilitate public access to government information
116     through electronic networks or other means;
117          [(b)] (ii) other state or national libraries or library agencies; and
118          [(c)] (iii) the federal government or agencies in accepting federal aid whether in the
119     form of funds or otherwise;
120          [(3)] (c) receive bequests, gifts, and endowments of money and deposit the funds with
121     the state treasurer to be placed in the State Library Donation Fund, which funds shall be held
122     for the purpose, if any, specifically directed by the donor; and
123          [(4)] (d) receive bequests, gifts, and endowments of property to be held, used, or
124     disposed of, as directed by the donor[,]:
125          (i) in accordance with the division's policies for collection development; and
126          (ii) with the approval of the Division of Finance.
127          (2) The division may not provide for public access to a state publication for which
128     access is limited by federal copyright law unless the state agency that produces the state
129     publication consents to the public access.
130          Section 4. Section 9-7-205 is amended to read:
131          9-7-205. Duties of board and director.
132          (1) The board shall:
133          (a) promote, develop, and organize a state library and make provisions for [its] the state
134     library's housing;
135          (b) promote and develop library services throughout the state in cooperation with other
136     state or municipal libraries, schools, or other agencies wherever practical;
137          (c) promote the establishment of district, regional, or multicounty libraries as
138     conditions within particular areas of the state may require;
139          (d) supervise the books and materials of the state library and require the keeping of
140     careful and complete records of the condition and affairs of the state library;
141          (e) establish policies for the administration of the division and for the control,
142     distribution, and lending of books and materials to those libraries, institutions, groups, or
143     individuals entitled to them under this chapter;
144          (f) serve as the agency of the state for the administration of state or federal funds that
145     may be appropriated to further library development within the state;
146          (g) aid and provide general advisory assistance in the development of statewide school
147     library service and encourage contractual and cooperative relations between school and public
148     libraries;
149          (h) give assistance, advice, and counsel to all tax-supported libraries within the state
150     and to all communities or persons proposing to establish a tax-supported library and conduct
151     courses and institutes on the approved methods of operation, selection of books, or other
152     activities necessary to the proper administration of a library;
153          (i) furnish or contract for the furnishing of library or information service to state
154     officials, state departments, or any groups that in the opinion of the director warrant the
155     furnishing of those services, particularly through the facilities of traveling libraries to those
156     parts of the state otherwise inadequately supplied by libraries;
157          (j) where sufficient need exists and if the director considers it advisable, establish and
158     maintain special departments in the state library to provide services for the blind, visually
159     impaired, persons with disabilities, and professional, occupational, and other groups;
160          (k) administer a [depository] state publications library program by collecting state
161     publications, providing access to state publications through the digital library, and providing a
162     bibliographic information system;
163          (l) require the collection of information and statistics necessary to the work of the state
164     library and the distribution of findings and reports;
165          (m) make any report concerning the activities of the state library to the governor as the
166     governor may require; and
167          (n) develop standards for public libraries.
168          (2) The director shall, under the policy direction of the board, carry out the
169     responsibilities under Subsection (1).
170          Section 5. Section 9-7-207 is amended to read:
171          9-7-207. Submission of state publications to the division.
172          [(1) (a) Each state agency and political subdivision publishing a digital version of a
173     state publication shall deposit a digital copy with the division.]
174          [(b) Each state agency and political subdivision shall deposit with the division copies
175     of each state publication that it elects to publish in a physical format in the numbers specified
176     by the state librarian.]
177          [(c) The division shall forward two copies of each state publication published in a
178     physical format deposited with it by a state agency to the Library of Congress, one copy to the
179     state archivist, at least one copy to each depository library, and retain two copies.]
180          [(2) Each state agency or political subdivision shall deposit with the division a digital
181     copy of each audio and video publication or recording issued by it for bibliographic listing and
182     retention in the digital library.]
183          [(3) Each state agency or political subdivision shall deposit with the division copies of
184     audio and video publications or recordings issued by it in physical formats in the numbers
185     specified by the state librarian for bibliographic listing and retention in the state library
186     collection.]
187          [(4) (a) The division shall publish or make available to the public through electronic
188     networks a list of state agency publications.]
189          [(b) The list shall be published periodically and distributed to depository libraries and
190     the state archivist.]
191          [(5) Materials the division considers not to be of major public interest will be listed,
192     but no copies will be required for deposit.]
193          (1) (a) A state agency shall submit to the division a digital copy of each state
194     publication the state agency makes available to the public regardless of format for biographic
195     listing and permanent retention in the digital library.
196          (b) A state agency may not remove a state publication that is posted to the state
197     agency's public website until the state agency submits a digital copy of the state publication to
198     the division under Subsection (1)(a).
199          (c) A state agency's submission of a state publication under Subsection (1)(a)
200     constitutes the state agency's compliance with the requirement under Section 46-5-108 to
201     ensure that the state publication is reasonably available for use by the public on a permanent
202     basis.
203          (2) (a) In addition to the requirements of Subsection (1), a state agency that elects to
204     publish a state publication in a physical format shall submit copies of the state publication to
205     the division in the numbers specified by the state librarian.
206          (b) The division shall:
207          (i) forward one copy of each state publication described in Subsection (2)(a) to the
208     state archivist; and
209          (ii) retain two copies of each state publication described in Subsection (2)(a) for the
210     division's collection of state publications.
211          (3) (a) A political subdivision or state institution of higher education may submit to the
212     division a digital copy of any information the political subdivision or state institution of higher
213     education makes available to the public.
214          (b) With respect to information submitted to the division by political subdivisions and
215     state institutions of higher education, the division may select the information the division
216     considers appropriate for permanent public access in the digital library.
217          Section 6. Section 9-7-208 is amended to read:
218          9-7-208. Digital library for permanent public access.
219          (1) The division shall manage and maintain an online, web-accessible digital library for
220     state publications submitted to the division by state agencies under Subsection 9-7-207(1).
221          (2) The division shall provide for permanent public access to [the] state publications in
222     the digital library.
223          (3) The digital library shall be accessible by agency, author, title, subject, keyword, text
224     search, and such other means as provided by the division.
225          [(4) (a) Each state agency publishing a digital version of a state publication shall
226     deposit a digital copy of the publication with the division.]
227          [(b) A state agency may not remove a state publication it posts to its public website
228     until a copy is deposited into the digital library for permanent public access.]
229          (4) The division shall make state publications in the digital library available for
230     download.
231          Section 7. Section 9-7-213 is amended to read:
232          9-7-213. Rulemaking.
233          The division may make rules in accordance with Title 63G, Chapter 3, Utah
234     Administrative Rulemaking Act, necessary to implement and administer the provisions of this
235     chapter including:
236          (1) standards [which shall be met by libraries to obtain and retain a designation as a
237     depository library] for submitting state publications to the division under Section 9-7-207;
238          (2) the method by which grants are made to individual libraries, but not including
239     appropriations made directly to any other agency or institution;
240          (3) standards for the certification of public librarians; and
241          (4) standards for the public library online access policy required in Section 9-7-215.
242          Section 8. Section 9-7-215 is amended to read:
243          9-7-215. Internet and online access policy required.
244          (1) As used in this section:
245          (a) "Child pornography" is as defined in Section 76-5b-103.
246          (b) "Harmful to minors" is as defined in Section 76-10-1201.
247          (c) "Obscene" is as defined in 20 U.S.C. Sec. 9101.
248          (d) "Technology protection measure" means a technology that blocks or filters Internet
249     access to visual depictions.
250          (2) State funds may not be provided to any public library that provides public access to
251     the Internet unless the library:
252          (a) (i) has in place a policy of Internet safety for minors, including the operation of a
253     technology protection measure:
254          (A) with respect to any computer or other device while connected to the Internet
255     through a network provided by the library, including a wireless network; and
256          (B) that protects against access to visual depictions that are[:] child pornography,
257     harmful to minors, or obscene; and
258          [(I) child pornography;]
259          [(II) harmful to minors; or]
260          [(III) obscene; and]
261          (ii) is enforcing the operation of the technology protection measure described in
262     Subsection (2)(a)(i) during any use by a minor of a computer or other device that is connected
263     to the Internet through a network provided by the library, including a wireless network; and
264          (b) (i) has in place a policy of Internet safety, including the operation of a technology
265     protection measure:
266          (A) with respect to any computer or other device while connected to the Internet
267     through a network provided by the library, including a wireless network; and
268          (B) that protects against access to visual depictions that are[:] child pornography,
269     harmful to minors, or obscene; and
270          [(I) child pornography; or]
271          [(II) obscene; and]
272          (ii) is enforcing the operation of the technology protection measure described in
273     Subsection (2)(b)(i) during any use of a computer or other device that is connected to the
274     Internet through a network provided by the library, including a wireless network.
275          (3) This section does not prohibit a public library from limiting Internet access or
276     otherwise protecting against materials other than the materials specified in this section.
277          (4) An administrator, supervisor, or other representative of a public library may disable
278     a technology protection measure described in Subsection (2):
279          (a) at the request of a library patron who is not a minor; and
280          (b) to enable access for research or other lawful purposes.
281          Section 9. Repealer.
282          This bill repeals:
283          Section 9-7-209, Depository libraries.
284          Section 9-7-210, Micrographics and other copying and transmission techniques.