S.B. 134 Materials Harmful to Minors Amendments
| Bill Sponsor:  Sen. Weiler, Todd | Floor Sponsor:  Rep. Stratton, Keven J. |
- Substitute Sponsor: Sen. Weiler, Todd
- Drafting Attorney: Ericka A. Evans
- Fiscal Analyst: Ben Leishman
- Bill Text
- Introduced
- Enrolled (Currently Displayed)
- Introduced
- Other Versions
- Related Documents
- Information
- Last Action: 16 Mar 2018, Governor Signed
- Last Location: Lieutenant Governor's office for filing
- Effective Date: 8 May 2018
- Session Law Chapter: 164
Enrolled
Printer FriendlyS.B. 134
1 MATERIALS HARMFUL TO MINORS AMENDMENTS
22018 GENERAL SESSION
3STATE OF UTAH
4Chief Sponsor: Todd Weiler
5House Sponsor: Keven J. Stratton
6
7 LONG TITLE
8 General Description:
9 This bill amends the Utah Criminal Code regarding an Internet service provider's
10 responsibility to offer content filtering methods for material harmful to minors.
11 Highlighted Provisions:
12 This bill:
13 ▸ amends the definition of Internet service provider;
14 ▸ requires an Internet service provider to notify consumers and the Division of
15 Consumer Protection of the ability to block material harmful to minors;
16 ▸ provides a civil fine for failure to comply with the preceding paragraph;
17 ▸ allows Internet service providers to engage a third party to assist with filtering
18 methods;
19 ▸ increases the cap on the civil fine that may be imposed on an Internet service
20 provider that knowingly fails to filter material harmful to minors;
21 ▸ removes provisions requiring the Division of Consumer Protection to test an
22 Internet service provider's filtering methods; and
23 ▸ makes technical changes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 AMENDS:
30 76-10-1230, as last amended by Laws of Utah 2008, Chapter 297
31 76-10-1231, as last amended by Laws of Utah 2008, Chapters 297 and 382
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 76-10-1230 is amended to read:
35 76-10-1230. Definitions.
36 As used in Sections 76-10-1231 and 76-10-1233:
37 (1) "Consumer" means [a natural person] an individual residing in this state who
38 subscribes to a service provided by a service provider for personal or residential use.
39 (2) "Content provider" means a person domiciled in Utah or that generates or hosts
40 content in Utah, and that creates, collects, acquires, or organizes electronic data for electronic
41 delivery to a consumer with the intent of making a profit.
42 (3) (a) "Hosting company" means a person that provides services or facilities for
43 storing or distributing content over the Internet without editorial or creative alteration of the
44 content.
45 (b) A hosting company may have policies concerning acceptable use without becoming
46 a content provider under Subsection (2).
47 (4) [(a)] "Internet service provider" means a person engaged in the business of
48 providing [a computer communications facility in Utah] broadband Internet access service,
49 with the intent of making a profit, [through which a consumer may obtain access to the
50Internet] to consumers in Utah.
51 [(b) "Internet service provider" does not include a common carrier if it provides only
52telecommunications service.]
53 (5) "Properly rated" means content using a labeling system to label material harmful to
54 minors provided by the content provider in a way that:
55 (a) accurately apprises a consumer of the presence of material harmful to minors; and
56 (b) allows the consumer the ability to control access to material harmful to minors
57 based on the material's rating by use of reasonably priced commercially available software,
58 including software in the public domain.
59 (6) "Restrict" means to limit access to material harmful to minors by:
60 (a) properly rating content; or
61 (b) any other reasonable measures feasible under available technology.
62 (7) (a) Except as provided in Subsection (7)(b), "service provider" means an Internet
63 service provider.
64 (b) "Service provider" does not include a person who does not terminate a service in
65 this state, but merely transmits data through:
66 (i) a wire;
67 (ii) a cable; or
68 (iii) an antenna.
69 (c) "Service provider," notwithstanding Subsection (7)(b), includes a person who meets
70 the requirements of Subsection (7)(a) and leases or rents a wire or cable for the transmission of
71 data.
72 Section 2. Section 76-10-1231 is amended to read:
73 76-10-1231. Data service providers -- Internet content harmful to minors.
74 (1) (a) Upon request by a consumer, a service provider shall filter content to prevent
75 the transmission of material harmful to minors to the consumer.
76 (b) A service provider complies with Subsection (1)(a) if [it uses a] the service
77 provider makes a good faith effort to apply a generally accepted and commercially reasonable
78 method of filtering.
79 (2) (a) At the time of a consumer's subscription to a service provider's service, [or at
80the time this section takes effect if the consumer subscribes to the service provider's service at
81the time this section takes effect,] the service provider shall notify the consumer in a
82 conspicuous manner that the consumer may request to have material harmful to minors blocked
83 under Subsection (1)(a).
84 (b) (i) A service provider shall, before December 30, 2018, notify in a conspicuous
85 manner all of the service provider's consumers with a Utah residential address that the
86 consumer may request material harmful to minors be blocked under Subsection (1)(a).
87 (ii) A service provider may provide the notice described in Subsection (2)(b)(i):
88 (A) by electronic communication;
89 (B) with a consumer's bill; or
90 (C) in another conspicuous manner.
91 (c) Before December 31, 2018, a service provider shall:
92 (i) notify the Division of Consumer Protection within the Department of Commerce
93 that notice was sent under Subsection (2)(b); and
94 (ii) provide the Division of Consumer Protection within the Department of Commerce
95 a copy of the notice that was sent under Subsection (2)(b).
96 (d) The Division of Consumer Protection within the Department of Commerce shall
97 report all violations of Subsections (2)(b) and (c) to the attorney general.
98 (3) (a) A service provider may comply with Subsection (1)(a) by[: (i)] providing
99 in-network filtering to prevent receipt of material harmful to minors, provided that the filtering
100 does not affect or interfere with access to Internet content for consumers who do not request
101 filtering under Subsection (1)[; or](a).
102 [(ii) providing software,]
103 (b) A service provider may comply with Subsection (1)(a) by engaging a third party to
104 provide [software, or referring users to a third party that provides filtering software, by
105providing a clear and conspicuous hyperlink or written statement, for installation on the
106consumer's computer that blocks, in an easy-to-enable and commercially reasonable manner,]
107 or referring a consumer to a third party that provides a commercially reasonable method of
108 filtering to block the receipt of material harmful to minors.
109 [(b)] (c) A service provider may charge a consumer a commercially reasonable fee for
110 providing filtering under this Subsection (3)[(a)].
111 (4) If the attorney general determines that a service provider violates Subsection (1) or
112 (2), the attorney general shall:
113 (a) notify the service provider that the service provider is in violation of Subsection (1)
114 or (2); and
115 (b) notify the service provider that the service provider has [30] 90 days to comply with
116 the provision being violated or be subject to Subsection (5).
117 (5) (a) A service provider that intentionally or knowingly violates Subsection (1)[or
118(2)](a) is subject to a civil fine of $2,500 for each separate violation of Subsection (1)[or
119(2)](a), up to [$10,000] $15,000 per day.
120 (b) A service provider that intentionally or knowingly violates Subsection (2) is subject
121 to a civil fine up to $10,000.
122 (6) A proceeding to impose a civil fine under Subsection (5) may only be brought by
123 the attorney general in a court of competent jurisdiction.
124 [(7) (a) The Division of Consumer Protection within the Department of Commerce
125shall, in consultation with other entities as the Division of Consumer Protection considers
126appropriate, test the effectiveness of a service provider's system for blocking material harmful
127to minors under Subsection (1) at least annually.]
128 [(b) The results of testing by the Division of Consumer Protection under Subsection
129(7)(a) shall be made available to:]
130 [(i) the service provider that is the subject of the test; and]
131 [(ii) the public.]
132 [(c) The Division of Consumer Protection shall make rules in accordance with Title
13363G, Chapter 3, Utah Administrative Rulemaking Act, to fulfil its duties under this section.]
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill amends the Utah Criminal Code regarding an Internet service provider's
10 responsibility to offer content filtering methods for material harmful to minors.
11 Highlighted Provisions:
12 This bill:
13 ▸ amends the definition of Internet service provider;
14 ▸ requires an Internet service provider to notify consumers and the Division of
15 Consumer Protection of the ability to block material harmful to minors;
16 ▸ provides a civil fine for failure to comply with the preceding paragraph;
17 ▸ allows Internet service providers to engage a third party to assist with filtering
18 methods;
19 ▸ increases the cap on the civil fine that may be imposed on an Internet service
20 provider that knowingly fails to filter material harmful to minors;
21 ▸ removes provisions requiring the Division of Consumer Protection to test an
22 Internet service provider's filtering methods; and
23 ▸ makes technical changes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 AMENDS:
30 76-10-1230, as last amended by Laws of Utah 2008, Chapter 297
31 76-10-1231, as last amended by Laws of Utah 2008, Chapters 297 and 382
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 76-10-1230 is amended to read:
35 76-10-1230. Definitions.
36 As used in Sections 76-10-1231 and 76-10-1233:
37 (1) "Consumer" means [
38 subscribes to a service provided by a service provider for personal or residential use.
39 (2) "Content provider" means a person domiciled in Utah or that generates or hosts
40 content in Utah, and that creates, collects, acquires, or organizes electronic data for electronic
41 delivery to a consumer with the intent of making a profit.
42 (3) (a) "Hosting company" means a person that provides services or facilities for
43 storing or distributing content over the Internet without editorial or creative alteration of the
44 content.
45 (b) A hosting company may have policies concerning acceptable use without becoming
46 a content provider under Subsection (2).
47 (4) [
48 providing [
49 with the intent of making a profit, [
50
51 [
52
53 (5) "Properly rated" means content using a labeling system to label material harmful to
54 minors provided by the content provider in a way that:
55 (a) accurately apprises a consumer of the presence of material harmful to minors; and
56 (b) allows the consumer the ability to control access to material harmful to minors
57 based on the material's rating by use of reasonably priced commercially available software,
58 including software in the public domain.
59 (6) "Restrict" means to limit access to material harmful to minors by:
60 (a) properly rating content; or
61 (b) any other reasonable measures feasible under available technology.
62 (7) (a) Except as provided in Subsection (7)(b), "service provider" means an Internet
63 service provider.
64 (b) "Service provider" does not include a person who does not terminate a service in
65 this state, but merely transmits data through:
66 (i) a wire;
67 (ii) a cable; or
68 (iii) an antenna.
69 (c) "Service provider," notwithstanding Subsection (7)(b), includes a person who meets
70 the requirements of Subsection (7)(a) and leases or rents a wire or cable for the transmission of
71 data.
72 Section 2. Section 76-10-1231 is amended to read:
73 76-10-1231. Data service providers -- Internet content harmful to minors.
74 (1) (a) Upon request by a consumer, a service provider shall filter content to prevent
75 the transmission of material harmful to minors to the consumer.
76 (b) A service provider complies with Subsection (1)(a) if [
77 provider makes a good faith effort to apply a generally accepted and commercially reasonable
78 method of filtering.
79 (2) (a) At the time of a consumer's subscription to a service provider's service, [
80
81
82 conspicuous manner that the consumer may request to have material harmful to minors blocked
83 under Subsection (1)(a).
84 (b) (i) A service provider shall, before December 30, 2018, notify in a conspicuous
85 manner all of the service provider's consumers with a Utah residential address that the
86 consumer may request material harmful to minors be blocked under Subsection (1)(a).
87 (ii) A service provider may provide the notice described in Subsection (2)(b)(i):
88 (A) by electronic communication;
89 (B) with a consumer's bill; or
90 (C) in another conspicuous manner.
91 (c) Before December 31, 2018, a service provider shall:
92 (i) notify the Division of Consumer Protection within the Department of Commerce
93 that notice was sent under Subsection (2)(b); and
94 (ii) provide the Division of Consumer Protection within the Department of Commerce
95 a copy of the notice that was sent under Subsection (2)(b).
96 (d) The Division of Consumer Protection within the Department of Commerce shall
97 report all violations of Subsections (2)(b) and (c) to the attorney general.
98 (3) (a) A service provider may comply with Subsection (1)(a) by[
99 in-network filtering to prevent receipt of material harmful to minors, provided that the filtering
100 does not affect or interfere with access to Internet content for consumers who do not request
101 filtering under Subsection (1)[
102 [
103 (b) A service provider may comply with Subsection (1)(a) by engaging a third party to
104 provide [
105
106
107 or referring a consumer to a third party that provides a commercially reasonable method of
108 filtering to block the receipt of material harmful to minors.
109 [
110 providing filtering under this Subsection (3)[
111 (4) If the attorney general determines that a service provider violates Subsection (1) or
112 (2), the attorney general shall:
113 (a) notify the service provider that the service provider is in violation of Subsection (1)
114 or (2); and
115 (b) notify the service provider that the service provider has [
116 the provision being violated or be subject to Subsection (5).
117 (5) (a) A service provider that intentionally or knowingly violates Subsection (1)[
118
119
120 (b) A service provider that intentionally or knowingly violates Subsection (2) is subject
121 to a civil fine up to $10,000.
122 (6) A proceeding to impose a civil fine under Subsection (5) may only be brought by
123 the attorney general in a court of competent jurisdiction.
124 [
125
126
127
128 [
129
130 [
131 [
132 [
133
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
| Date | Action | Location | Vote |
| 1/31/2018 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
| 1/31/2018 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
| 2/1/2018 | Senate/ received bill from Legislative Research | Waiting for Introduction in the Senate | |
| 2/1/2018 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
| 2/2/2018 | Senate/ to standing committee | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | |
| 2/8/2018 | Senate Comm - Substitute Recommendation from # 0 to # 1 | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | 3 0 4 |
| 2/8/2018 | Senate Comm - Favorable Recommendation | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | 3 0 4 |
| 2/8/2018 | Senate Comm - Reconsider actions | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | 2 0 5 |
| 2/8/2018 | Senate Comm - Substitute Recommendation from # 1 to # 2 | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | 2 0 5 |
| 2/12/2018 | Senate Comm - Amendment Recommendation # 1 | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | 2 0 5 |
| 2/12/2018 | Senate Comm - Favorable Recommendation | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | 3 0 4 |
| 2/13/2018 | Senate/ received fiscal note from Fiscal Analyst | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | |
| 2/13/2018 (10:18:36 AM) | Senate/ comm rpt/ substituted/ amended | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | |
| 2/13/2018 (10:18:37 AM) | Senate/ placed on 2nd Reading Calendar | Senate 2nd Reading Calendar | |
| 2/22/2018 (4:37:22 PM) | Senate/ 2nd reading | Senate 2nd Reading Calendar | |
| 2/22/2018 (4:37:40 PM) | Senate/ circled | Senate 2nd Reading Calendar | Voice vote |
| 2/22/2018 | Senate/ uncircled | Senate 2nd Reading Calendar | |
| 2/22/2018 (4:44:13 PM) | Senate/ floor amendment # 2 | Senate 2nd Reading Calendar | Voice vote |
| 2/22/2018 (4:47:10 PM) | Senate/ passed 2nd reading | Senate 3rd Reading Calendar | 23 0 6 |
| 2/23/2018 (11:38:31 AM) | Senate/ 3rd reading | Senate 3rd Reading Calendar | |
| 2/23/2018 (11:39:59 AM) | Senate/ substituted from # 2 to # 3 | Senate 3rd Reading Calendar | Voice vote |
| 2/23/2018 (11:42:24 AM) | Senate/ passed 3rd reading | Clerk of the House | 24 0 5 |
| 2/23/2018 (11:42:25 AM) | Senate/ to House | Clerk of the House | |
| 2/23/2018 | House/ received from Senate | Clerk of the House | |
| 2/23/2018 | House/ 1st reading (Introduced) | House Rules Committee | |
| 2/23/2018 | House/ to standing committee | House Law Enforcement and Criminal Justice Committee | |
| 2/26/2018 | LFA/ fiscal note sent to sponsor | House Law Enforcement and Criminal Justice Committee | |
| 2/27/2018 | LFA/ fiscal note publicly available | House Law Enforcement and Criminal Justice Committee | |
| 2/28/2018 | House Comm - Favorable Recommendation | House Law Enforcement and Criminal Justice Committee | 9 0 2 |
| 3/1/2018 (10:13:38 AM) | House/ committee report favorable | House Law Enforcement and Criminal Justice Committee | |
| 3/1/2018 (10:13:39 AM) | House/ 2nd reading | House 3rd Reading Calendar for Senate bills | |
| 3/6/2018 (9:17:24 AM) | House/ 3rd reading | House 3rd Reading Calendar for Senate bills | |
| 3/6/2018 (9:17:57 AM) | House/ circled | House 3rd Reading Calendar for Senate bills | Voice vote |
| 3/6/2018 (9:44:23 AM) | House/ uncircled | House 3rd Reading Calendar for Senate bills | Voice vote |
| 3/6/2018 (9:46:45 AM) | House/ passed 3rd reading | House Speaker | 67 0 8 |
| 3/6/2018 (9:46:46 AM) | House/ signed by Speaker/ returned to Senate | Senate President | |
| 3/6/2018 (9:46:47 AM) | House/ to Senate | Senate President | |
| 3/6/2018 | Senate/ received from House | Senate President | |
| 3/6/2018 | Senate/ signed by President/ sent for enrolling | Legislative Research and General Counsel / Enrolling | |
| 3/8/2018 | Bill Received from Senate for Enrolling | Legislative Research and General Counsel / Enrolling | |
| 3/8/2018 | Draft of Enrolled Bill Prepared | Legislative Research and General Counsel / Enrolling | |
| 3/13/2018 | Enrolled Bill Returned to House or Senate | Senate Secretary | |
| 3/13/2018 | Senate/ enrolled bill to Printing | Senate Secretary | |
| 3/14/2018 | Senate/ received enrolled bill from Printing | Senate Secretary | |
| 3/14/2018 | Senate/ to Governor | Executive Branch - Governor | |
| 3/16/2018 | Governor Signed | Lieutenant Governor's office for filing |
Committee Hearings/Floor Debate
- Committee Hearings
- Floor Debates
- Senate Floor Audio, Day 31 (2/22/2018) [2SB134 Materials Harmful to Minors Amendments, Weiler]
- Senate Floor Audio, Day 31 (2/22/2018) [2SB134 Materials Harmful to Minors Amendments, Weiler]
- Senate Floor Audio, Day 32 (2/23/2018) [2SB134 Materials Harmful to Minors Amendments, Weiler]
- Senate Floor Audio, Day 32 (2/23/2018) [3SB134 Materials Harmful to Minors Amendments, Weiler]
- House Floor Audio, Day 43 (3/6/2018) [SB134S3]
- House Floor Audio, Day 43 (3/6/2018) [SB134S3]
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