No. 28333: R223-2. Public Library Online Access for Eligibility to Receive Public Funds

DAR File No.: 28333
Filed: 11/07/2005, 10:45
Received by: NL

 

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Rule R223-2 was originally adopted in 2001 in response to the passage of H.B. 157 (amending the State Library Division statute, Section9-7-215), which required that public libraries with their boards have adopted an Internet safety policy in order to be eligible to receive state dollars. Rule R223-2 defines the procedures, actions, organizational relationships, and timetable for the initial implementation of the provisions of the Act, and for the periodic review of such policies, as required by the Legislature. The 2004 Legislature adopted H.B. 341, which further amended Section 9-7-215, requiring that public libraries not only have a Board-approved Internet safety policy, but that "technology protection measures" (Internet filters) also be in operation on all library Internet workstations open to the public. Rule R223-2 was formally amended in September of 2004 to accommodate the technical aspects of H.B. 341. (DAR NOTE: H.B. 157 (2001) is found at UT L 2001 Ch 182, and was effective 04/30/2001. H.B. 341 (2004) is found at UT L 2004 Ch 193, and was effective 05/03/2004.)

 

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments on Rule R223-2 have been received since the original adoption of the rule in 2001. All of Utah's public library jurisdictions that otherwise qualify for state funds have complied with the provisions of the law, with the exception of one library.

 

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Since 2001, the Utah State Legislature has acted three times to establish and clarify its intention that Utah's public libraries have adopted Internet safety policies that include the operation of a technology protection measure in order to be eligible to receive public funds. In 2002, the Legislature actually added the provisions of Rule R223-2 into the State Library Division's statute (Section 9-7-216), requiring that each library board formally review its policy at least every three years. The next review under the law is scheduled for completion on July 1, 2007. It is clear that the Legislature at this time intends that the provisions and procedures established and governed by Rule R223-2 extend indefinitely into the future. Therefore, this rule should be continued.

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Community and Economic Development
Community Development, Library
250 N 1950 W
SALT LAKE CITY UT 84116-7901

 

Direct questions regarding this rule to:

Douglas Abrams at the above address, by phone at 801-715-6747, by FAX at 801-715-6767, or by Internet E-mail at [e-mail]

 

Authorized by:

Donna J. Morris, Director