Louisiana 2022 2022 Regular Session

Louisiana Senate Bill SB131 Introduced / Bill

                    SLS 22RS-72	ORIGINAL
2022 Regular Session
SENATE BILL NO. 131
BY SENATOR MIZELL 
POSTSECONDARY ED.  Requires public postsecondary education boards and institutions
to prohibit access to content which is sexually explicit, pornographic, or sexually harassing.
(gov sig)
1	AN ACT
2 To enact R.S. 17:3383, relative to postsecondary education; to require the Board of Regents
3 and each public postsecondary education management board to adopt policies
4 regarding use of certain computers and computer services; to block access to certain
5 content; to provide exceptions; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1.  R.S. 17:3383 is hereby enacted to read as follows:
8 ยง3383.  Use of public postsecondary education computers, devices, and internet
9	services; required policies; prohibitions; exceptions
10	A. The Board of Regents and each public postsecondary education
11 management board shall adopt policies regarding:
12	(1) The acceptable use of computers and devices owned or leased by the
13 public postsecondary education board, system office, and each institution under
14 its supervision. The policies shall prohibit the use of the computers and devices
15 to access content which is reasonably believed to be sexually explicit,
16 pornographic, or sexually harassing and, therefore, reasonably believed to
17 create a hostile work environment as prohibited by Title VII of the Civil Rights
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 131
SLS 22RS-72	ORIGINAL
1 Act of 1964, 42 U.S.C. 2000e et seq.
2	(2) The acceptable use of internet services provided by or through the
3 public postsecondary education board, system office, and each institution under
4 its supervision. The policies shall prohibit the use of the provided internet
5 services to access content which is reasonably believed to be sexually explicit,
6 pornographic, or sexually harassing and, therefore, reasonably believed to
7 create a hostile work environment as prohibited by Title VII of the Civil Rights
8 Act of 1964, 42 U.S.C. 2000e et seq.
9	(3) Authorization of an employee or student to have unfiltered or
10 unrestricted access to the internet for legitimate scientific, educational, or law
11 enforcement purposes. The policies shall provide that authorization for
12 unfiltered or unrestricted access shall:
13	(a) Be provided in writing to the employee or student granted access.
14	(b) Be kept on file in the appropriate office of the institution and board.
15	(c) Specify the purpose for the access and the time period during which
16 the access is granted.
17	(d) Be reviewed periodically.
18	B. The Board of Regents, each public postsecondary education
19 management board, and each public postsecondary institution shall utilize
20 computer-related technology or internet service provider technology to block
21 access or exposure to materials prohibited in Subsection A of this Section.
22	C. The provisions of this Section shall apply to:
23	(1) Each computer and device owned or leased, or otherwise in the care,
24 custody, or control of a public postsecondary education board, system office, or
25 institution.
26	(2) Internet services provided by or through a public postsecondary
27 education board, system office, or institution.
28	D. The provisions of this Section shall not prohibit a public
29 postsecondary education employee or student from having unfiltered or
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 131
SLS 22RS-72	ORIGINAL
1 unrestricted access to the internet on a computer or device that is not owned or
2 leased by a public postsecondary board, office, or institution, so long as the
3 computer or device is not used to access any material prohibited in Subsection
4 A of this Section through an internet service provided by or through the public
5 postsecondary education board, system office, or institution.
6 Section 2.  This Act shall become effective upon signature by the governor or, if not
7 signed by the governor, upon expiration of the time for bills to become law without signature
8 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
9 vetoed by the governor and subsequently approved by the legislature, this Act shall become
10 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cheryl Serrett.
DIGEST
SB 131 Original 2022 Regular Session	Mizell
Present law (R.S. 39:249) requires the division of administration to adopt policies relative
to the acceptable use by state employees of computers owned or leased by the state. Present
law prohibits internet access to online sites that contain material which is reasonably
believed to be sexually explicit, pornographic, or sexually harassing and, therefore,
reasonably believed to create a hostile work environment as prohibited by federal law.
Proposed law requires the Board of Regents and each public postsecondary education
management board to adopt policies regarding the:
(1)Acceptable use of computers owned or leased by each board, system office, and
institution under its supervision, including prohibiting use of the computers to access
content which is reasonably believed to be sexually explicit, pornographic, or
sexually harassing and reasonably believed to create a hostile work environment as
prohibited by federal law.
(2)Acceptable use of internet services provided by or through each board, system office,
and institution under its control including prohibiting the use of the provided services
to access content reasonably believed to be sexually explicit, pornographic, or
sexually harassing and reasonably believed to create a hostile work environment as
prohibited by federal law.
(3)Authorization of an employee or student to have unfiltered or unrestricted access to
the internet for legitimate scientific, educational, or law enforcement purposes.
Proposed law further requires the authorization to be given in writing to the
employee or student, be kept on file at the appropriate institution and board, specify
the purpose for the access and the time period during which the access is granted,
and be periodically reviewed.
Proposed law requires the Board of Regents, each public postsecondary education
management board, and each public postsecondary education institution to utilize computer-
related technology to block access to any material prohibited in proposed law.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 131
SLS 22RS-72	ORIGINAL
Proposed law clarifies that a public postsecondary employee or student shall not be restricted
from having unfiltered or unrestricted access to the internet or any online service on a
computer or device that is not owned by the board, office, or institution, so long as the
computer or device is not used to access any material prohibited in proposed law through an
internet service provided by or through the board, office, or institution.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 17:3383)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.