LEGISLATIVE GENERAL COUNSEL H.B. 556
6 Approved for Filing: K. Orton 6
6 02-15-24 9:32 AM 6
1 SEXUALLY ORIENTED BUSINESS REGULATIONS FOR
2 HIGHER EDUCATION
3 2024 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Ken Ivory
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill establishes restrictions on sexual content in higher education.
11 Highlighted Provisions:
12 This bill:
13 < establishes restrictions on a higher education course that includes pornography; and
14 < defines terms.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 ENACTS:
21 53B-37-101, Utah Code Annotated 1953
22 53B-37-102, Utah Code Annotated 1953
23
24 Be it enacted by the Legislature of the state of Utah:
H.B. 556
25 Section 1. Section 53B-37-101 is enacted to read:
26 CHAPTER 37. SEXUAL CONTENT IN HIGHER EDUCATION
27 Part 1. Pornography in Higher Education
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28 53B-37-101. Definitions.
29 As used in this chapter:
30 (1) "Institution of higher education" means:
31 (a) an institution of higher education described in Section 53B-2-101; and
32 (b) a private institution of higher education within the state.
33 (2) "Pornography course" means a course that is materially based on content that is
34 pornographic, x-rated, or illicitly indecent as described in Subsections 76-10-1227(a)(i)
35 through (iii).
36 Section 2. Section 53B-37-102 is enacted to read:
37 53B-37-102. Pornography in higher education.
38 (1) An institution of higher education that offers a pornography course shall:
39 (a) disclose the inclusion of pornographic materials in the course description and the
40 course syllabus;
41 (b) verify that an individual who enrolls in the course is 18 years old or older; and
42 (c) take measures to ensure that an individual who is not enrolled in the course is not
43 exposed to the pornographic materials, including keeping doors and windows closed and
44 covered.
45 (2) An institution of higher education that offers a pornography course may not:
46 (a) require a student to take the course;
47 (b) penalize a student who chooses not to take the course;
48 (c) prevent a student from exiting the room while the course is in session;
49 (d) distribute or allow a student to distribute course material to an individual who is not
50 enrolled in the course;
51 (e) allow the course to meet between the hours of 10 p.m. and 8 a.m.;
52 (f) hold the course within 1,000 feet of a public park, religious institution, or a school
53 that primarily caters to minors; or
54 (g) hold the course within 300 feet of a residential boundary.
55 (3) An institution of higher education that offers a pornography course may not receive
56 or use state funds, whether the institution receives the state funds directly or indirectly,
57 including a student's scholarship funds.
58 (4) A concurrent enrollment course may not include pornography.
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59 (5) Pornography has no serious value in higher education.
60 Section 3. Effective date.
61 This bill takes effect on May 1, 2024.
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