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SENATE FLOOR VERSION
April 5, 2022
ENGROSSED 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 student s 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 certain employees to compl y
with indecent exposure l aw; providing for
codification; and providing an effective date .
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 Statu tes 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 i n 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.
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B. Digital or online library database re sources 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 o f 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 T itle 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 tha t the provider is in compliance
with the safety policies and requirements of subsection B of this
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section, the school district, public charter school, state agency,
public library, or university shall consider the provider's act of
noncompliance a breach o f contract.
E. No later than December 1 of each year, libraries shall
submit to the Speaker of the Oklahoma House of Representative s and
President Pro Tempore of the Oklahoma State Senate , an aggregate
written report on any issues related to provider comp liance 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 state law which prohibits 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.
COMMITTEE REPORT BY: COMMITTEE ON EDUCATION
April 5, 2022 - DO PASS