Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 38 (2021GS)

Sponsor

Rep. Seegmiller, T.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires a digital resource provider to ensure that the digital resource provider's products used in public schools block "obscene or pornographic material";
• provides that a digital resource provider's failure to comply with this bill after receiving notice is a breach of contract;
• requires UETN to enter into contracts with digital resource providers that comply with the provisions of this bill; and
• imposes a reporting requirement.

Every vote on this bill

Bill text

SCHOOL TECHNOLOGY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Travis M. Seegmiller
Senate Sponsor: 
 Todd D. Weiler
LONG TITLE
Committee Note:
The Judiciary Interim Committee recommended this bill.
Legislative Vote: 13 voting for 1 voting against 2 absent
General Description:
This bill requires digital resources, provided by UETN to Utah's public schools, to
block obscene or pornographic material.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires a digital resource provider to ensure that the digital resource provider's
products used in public schools block "obscene or pornographic material";
▸ provides that a digital resource provider's failure to comply with this bill after
receiving notice is a breach of contract;
▸ requires UETN to enter into contracts with digital resource providers that comply
with the provisions of this bill; and
▸ imposes a reporting requirement.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53B-17-101.5
, as enacted by Laws of Utah 2014, Chapter 63
ENACTS:
53B-17-109
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53B-17-101.5
 is amended to read:
53B-17-101.5.
Definitions.
As used in this part:
(1) "Board" means the Utah Education and Telehealth Network Board.
(2) "Education Advisory Council" means the Utah Education Network Advisory
Council created in Section 
53B-17-107
.
(3) "Digital resource" means a digital or online library resource, including a database.
(4) "Digital resource provider" means an entity that offers a digital resource to
customers for license or sale.
(5) "Obscene or pornographic material" means material that:
(a) an average person, applying contemporary community standards, finds that, taken
as a whole, appeals to prurient interest in sex;
(b) is patently offensive in the description or depiction of nudity, sexual conduct,
sexual excitement, sadomasochistic abuse, or excretion; and
(c) taken as a whole does not have serious literary, artistic, political, or scientific value.
[
(3)
] 
(6)
 "Telehealth" means the electronic transfer, exchange, or management of
related data for diagnosis, treatment, and consultation, and educational, public health, or other
related purposes.
[
(4)
] 
(7)
 "Telehealth Advisory Council" means the Utah Telehealth Advisory Council
created in Section 
53B-17-106
.
[
(5)
] 
(8)
 "Utah Education and Telehealth Network," or "UETN," means a consortium
and partnership between public and higher education, the Utah Department of Health, and
health care providers, that is created in Section 
53B-17-105
.
Section 2. Section 
53B-17-109
 is enacted to read:
 53B-17-109.
Digital resource standards.
(1) A digital resource purchased or licensed by UETN and offered to students in public
schools must have safety policies and technology protection measures that:
(a) prohibit and prevent a public school student using the resource from sending,
receiving, viewing, or downloading obscene or pornographic material; and
(b) filter or block access to obscene or pornographic material.
(2) (a) Regardless of any contract provision to the contrary, if UETN discovers a digital
resource does not meet the requirements described in Subsection (1), UETN:
(i) shall notify the digital resource provider; and
(ii) may withhold future payments pending the digital resource provider's compliance
with Subsection (1).
(b) A digital resource provider is in breach of contract if the digital resource provider
fails to verify compliance with Subsection (1) within 90 days after the day on which UETN
provides the notice described in Subsection (2)(a)(i).
(c) Beginning June 1, 2021, a contract UETN enters into for a digital resource shall
contain provisions that comply with this section.
(3) Before November 30 of each year, UETN shall submit a report to the Education
Interim Committee detailing all instances of a digital resource provider's failure to comply with
the provisions of this section.