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House approves library-filtering bill after debate over interlibrary loans and technical limits

Utah House of Representatives · February 24, 2004
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Summary

House Bill 341, modeled on the federal Children’s Internet Protection Act, was amended on the floor to target "publicly accessible" computers in public libraries and passed the House 69–2 after debate over interlibrary loan, filter effectiveness and costs.

Representative Michael Noel, sponsor of House Bill 341, moved a floor amendment inserting the words "publicly accessible" to make clear the bill applies to computers available to the public (for example, public library terminals) while excluding staff-only machines. Noel said the bill’s focus is public-access computers and that the Utah Education Network (UEN) provides filtering software that can protect "97 to 99%" of problematic sites.

Representative McGee, who said she serves on the Salt Lake Public Library board, warned the bill as written could threaten interlibrary-loan reimbursements and cooperation: "The bill, as it is presently written, could kill interlibrary loan." McGee warned that certain libraries that act as net lenders could lose state reimbursements if the bill's language is applied broadly.

Debate touched on costs and technical limits: opponents and some librarians noted filters may be bypassed, could block legitimate sites and that non-UEN solutions could be costly (a cited Salt Lake County smart-card solution was described as carrying substantial upfront and annual costs). Supporters cited the U.S. Supreme Court decision upholding CIPA as governing precedent and urged protecting children using available filters while allowing procedures to disable filtering for legitimate research.

The House voted to adopt the amendment inserting "publicly accessible"," approved the bill as amended, and recorded final passage: HB 341 passed the House with 69 yes votes and 2 no votes and will be forwarded to the Senate.