An Act
ENROLLED SENATE
BILL NO. 322 By: Seifried of the Senate
and
West (Tammy), McBride, and
Moore of the House
An Act relating to libraries; amending Section 1,
Chapter 280, O.S.L. 2022 (70 O.S. Supp . 2022, Section
11-202), which relates to digital o r online library
database resources; updating statutory language;
providing certain construction; providing an
effective date; and declaring an emergen cy.
SUBJECT: Digital or online library database resources
BE IT ENACTED BY THE PEOPLE OF THE STA TE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 1, Chapter 280, O.S.L.
2022 (70 O.S. Supp. 2022, Secti on 11-202), is amended to read as
follows:
Section 11-202. A. A school district, charter school, virtual
charter school, state agency, public library, or university
institution of higher education within The Oklahoma State System of
Higher Education may offer digital or online l ibrary 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.
B. Digital or online libr ary 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:
ENR. S. B. NO. 322 Page 2
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 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 institution of higher education 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 age ncy,
public library, or university institution of higher education 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 com pliance 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 Oklaho ma
Statutes.
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G. Nothing in this act shall be construed in a manner that
applies to digital or onli ne library database resources off ered by
institutions of higher educa tion when the primary purpose of the
resources is for education or research.
SECTION 2. This act shall become effective July 1, 2023.
SECTION 3. It being immediately necessary for the preservation
of the public peace, heal th, or safety, an emergency is hereby
declared to exist, by rea son whereof this act shall take effect and
be in full force from and after its passage and a pproval.
ENR. S. B. NO. 322 Page 4
Passed the Senate the 24th day of May, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the 25th day of May, 2023.
Presiding Officer of the House
of Representatives
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: _______________________________ __