ENROLLED HOUSE
BILL NO. 3702 By: Russ of the House
and
Weaver of the Senate
An Act relating to schools; providing for digital or
online library database resources to be offered to certain students under
certain conditions; requiring safety policies and technology protection
measures for resources; directing withholding of payments to noncompliant
vendor; providing for breach of contract based on noncompliance; requiring
submission of certain annual report; prohibiting certain employees from being
exempt from prosecution for willful violations of certain indecent exposure
law; providing for codification; and providing an effective date.
SUBJECT: Schools
BE
IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified in the
Oklahoma Statutes as Section 11-201 of Title 70, unless there is created a
duplication in numbering, reads as follows:
A. A school
district, charter school, virtual charter school, state agency, public library,
or university may offer digital or online library database resources to
students in kindergarten through twelfth grade only if the vendor, person, or
entity providing the resources verifies that all the resources comply with the
provisions of subsection B of this section.
B. Digital or
online library database resources offered by school districts, charter schools,
virtual charter schools, state agencies, public libraries, or universities to
students in kindergarten through twelfth grade shall have safety policies and
technology protection measures that:
1. Prohibit
and prevent a user of the resource from sending, receiving, viewing, or
downloading materials that are child pornography or obscene materials, as
defined in Section 1024.1 of Title 21 of the Oklahoma Statutes, or materials
that depict child sexual exploitation, as defined in Section 843.5 of Title 21
of the Oklahoma Statutes; and
2. Filter or
block access to child pornography or obscene materials, as defined in Section
1024.1 of Title 21 of the Oklahoma Statutes, or materials that depict child
sexual exploitation, as defined in Section 843.5 of Title 21 of the Oklahoma
Statutes.
C.
Notwithstanding any contract provision to the contrary, if a provider of
digital or online library resources fails to comply with the requirements of
subsection B of this section, the school district, public charter school, state
agency, public library, or university shall withhold further payments, if any,
to the provider pending verification of compliance.
D. If a
provider of digital or online library database resources fails to timely verify
that the provider is in compliance with the safety policies and requirements of
subsection B of this section, the school district, public charter school, state
agency, public library, or university shall consider the provider’s act of
noncompliance a breach of contract.
E. No later
than December 1 of each year, libraries shall submit to the Speaker of the Oklahoma
House of Representatives and President Pro Tempore of the Oklahoma State Senate
an aggregate written report on any issues related to provider compliance with
technology protection measures required by subsection B of this section.
F. Employees
of school districts, charter schools, virtual charter schools, state agencies,
public libraries, and universities shall not be exempt from prosecution for
willful violations of state law prohibiting indecent exposure to obscene
material or child pornography as provided in Section 1021 of Title 21 of the
Oklahoma Statutes.
SECTION 2. This act shall become
effective November 1, 2022.
Passed the House of Representatives the 12th day of May, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the 27th day of April, 2022.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office
of the Governor this ____________________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________
Approved by the
Governor of the State of Oklahoma this _________ day of ___________________,
20_______, at _______ o'clock _______ M.
_________________________________
Governor of
the State of Oklahoma
OFFICE
OF THE SECRETARY OF STATE
Received by the Office
of the Secretary of State this __________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________