§70-11-202. Digital or online library database resources safety

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

policies and technology protection measures.

A. A school district, charter school, virtual charter school, state agency, public library, or institution of higher education within The Oklahoma State System of Higher Education 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 sexual abuse material 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 sexual abuse material 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 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 agency, public library, or 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 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 sexual abuse material as provided in Section 1021 of Title 21 of the Oklahoma Statutes.

G. Nothing in this act shall be construed in a manner that applies to digital or online library database resources offered by institutions of higher education when the primary purpose of the resources is for education or research. Added by Laws 2022, c. 280, § 1, eff. Nov. 1, 2022. Amended by Laws 2023, c. 373, § 1, eff. July 1, 2023; Laws 2024, c. 59, § 45, eff. Nov. 1, 2024. NOTE: Editorially renumbered from § 11-201 of this title to avoid a duplication in numbering.