Illinois General Assembly - Full Text of SB2784
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Full Text of SB2784  98th General Assembly

SB2784 98TH GENERAL ASSEMBLY


 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2784

 

Introduced 1/30/2014, by Sen. Kwame Raoul

 

SYNOPSIS AS INTRODUCED:
 
New Act
30 ILCS 105/5.855 new
75 ILCS 10/8.1  from Ch. 81, par. 118.1
30 ILCS 805/8.38 new

    Creates the Internet Screening in Public Libraries Act. Provides that each public library must have a technology protection measure to prevent the display on a public computer of any visual depictions that are obscene, child pornography, or harmful to minors. Allows a public library to disable the technology protection measure for an adult engaged in legitimate research or some other lawful purpose. Requires the State Librarian to adopt rules to implement and administer the Act. Amends the State Finance Act to create the Internet Screening in Public Libraries Fund. Provides that fines under the Act are to be deposited into the Fund. Requires the State Librarian to use amounts in the Fund, subject to appropriation, to implement and administer the Act. Amends the State Mandates Act to require implementation without reimbursement.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Internet Screening in Public Libraries Act.
 
6    Section 5. Purpose. In accordance with Section 20 of
7Article I of the Illinois Constitution, the General Assembly
8finds that the installation and operation by public libraries
9of technology protection measures that protect against access
10(i) by adults to visual depictions that are obscene or child
11pornography and (ii) by minors to visual depictions that are
12obscene, child pornography, or harmful to minors fulfill an
13important State interest.
 
14    Section 10. Definitions. In this Act:
15    "Administrative unit" means the entity designated by the
16State or a unit of local government or school district as
17responsible for the administration of all public library
18locations established or maintained by that governmental
19entity.
20    "Child pornography" means any film, videotape, photograph,
21or other similar visual reproduction or depiction by computer
22of any child or severely or profoundly intellectually disabled

 

 

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1person whom the person knows or reasonably should know to be
2under the age of 18 or to be a severely or profoundly
3intellectually disabled person, engaged in any activity
4described in subparagraphs (i) through (vii) of paragraph (1)
5of Section 11-20.1 of the Criminal Code of 2012 (720 ILCS
65/11-20.1).
7    "Depiction harmful to minors" means any picture, image,
8graphic image file, or other visual depiction that:
9        (1) taken as a whole and with respect to minors,
10    appeals to a prurient interest in nudity, sex, or
11    excretion;
12        (2) depicts, describes, or represents, in a patently
13    offensive way with respect to what is suitable for minors,
14    an actual or simulated sexual act, a lewd exhibition of the
15    genitals, or a normal or perverted sexual contact; and
16        (3) taken as a whole, lacks serious literary, artistic,
17    political, or scientific value to minors.
18    "Minor" means a person who is younger than 18 years of age.
19    "Obscene" has the meaning ascribed to that term in Section
2011-20 of the Criminal Code of 2012 (720 ILCS 5/11-20).
21    "Public computer" means a computer, as that term is defined
22in Section 16D-2 of the Computer Crime Prevention Law (720 ILCS
235/16D-2), that is made available to the public and that has
24Internet access.
25    "Public library" means any library established or
26maintained by the State or by any unit of local government or

 

 

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1school district in this State but does not include any library
2of a college or university.
3    "Technology protection measure" means software or the
4equivalent technology that blocks or filters Internet access to
5the visual depictions that are proscribed under this Act.
 
6    Section 15. Public library Internet safety policy. Each
7public library must create and enforce an Internet safety
8policy that provides for the:
9    (1) installation and operation of a technology protection
10measure on all public computers in the library that protects
11against access through those computers to visual depictions
12that are obscene, child pornography, or harmful to minors; and
13    (2) disablement of the technology protection measure by an
14employee of the public library upon an adult's request to use
15the computer for legitimate research or some other lawful
16purpose; and
17    (3) disablement of the technology protection measure by an
18employee of the public library upon the request of a minor to
19use the computer for legitimate research or some other lawful
20purpose if that minor is adequately supervised for the duration
21of the minor's use of the computer by an individual who is 21
22years of age or older.
 
23    Section 20. Rules; annual attestation.
24    (a) The State Librarian shall adopt rules to implement and

 

 

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1administer this Act.
2    (b) The head of each administrative unit must annually
3attest in writing that all public library locations within the
4jurisdiction of the administrative unit are in compliance with
5Section 15, as a condition of the receipt of any State grants
6distributed through the State Librarian under the Illinois
7Library Systems Act.
 
8    Section 25. Internet Screening in Public Libraries Fund.
9The Internet Screening in Public Libraries Fund is created as a
10special fund in the State treasury. Subject to appropriation,
11the amounts in the Fund shall be used by the State Librarian to
12implement and administer this Act.
 
13    Section 80. The State Finance Act is amended by adding
14Section 5.855 as follows:
 
15    (30 ILCS 105/5.855 new)
16    Sec. 5.855. The Internet Screening in Public Libraries
17Fund.
 
18    Section 85. The Illinois Library System Act is amended by
19changing Section 8.1 as follows:
 
20    (75 ILCS 10/8.1)  (from Ch. 81, par. 118.1)
21    Sec. 8.1. The State Librarian shall make grants annually

 

 

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1under this Section to all qualified public libraries in the
2State from funds appropriated by the General Assembly. Such
3grants shall be in the amount of up to $1.25 per capita for the
4population of the area served by the respective public library
5and, in addition, the amount of up to $0.19 per capita to
6libraries serving populations over 500,000 under the Illinois
7Major Urban Library Program. If the moneys appropriated for
8grants under this Section are not sufficient the State
9Librarian shall reduce the per capita amount of the grants so
10that the qualifying public libraries receive the same amount
11per capita.
12    To be eligible for grants under this Section, a public
13library must:
14        (1) Provide, as determined by the State Librarian,
15    library services which either meet or show progress toward
16    meeting the Illinois library standards, as most recently
17    adopted by the Illinois Library Association.
18        (2) Be a public library for which is levied a tax for
19    library purposes at a rate not less than .13% or a county
20    library for which is levied a tax for library purposes at a
21    rate not less than .07%. If a library is subject to the
22    Property Tax Extension Limitation Law in the Property Tax
23    Code and its tax levy for library purposes has been lowered
24    to a rate of less than .13%, this requirement will be
25    waived if the library qualified for this grant in the
26    previous year and if the tax levied for library purposes in

 

 

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1    the current year produces tax revenue for library purposes
2    that is an increase over the previous year's extension of
3    5% or the percentage increase in the Consumer Price Index,
4    whichever is less. Beginning in State Fiscal Year 2012 and
5    continuing through and including State Fiscal Year 2015,
6    the eligibility requirement in this subsection shall be
7    waived if a library's tax levy for library purposes has
8    been lowered to a rate of less than 0.13%, and the State
9    Librarian determines that the library (i) continues to meet
10    the requirements of item (1) of this Section and (ii)
11    received a grant under this Section in the previous fiscal
12    year.
13        (3) Be in compliance with the requirements set forth in
14    the Internet Screening in Public Libraries Act and the
15    administrative unit in whose jurisdiction the library is
16    located must have submitted the annual attestation
17    required under Section 20 of that Act.
18    Any other language in this Section to the contrary
19notwithstanding, grants under this Section 8.1 shall be made
20only upon application of the public library concerned, which
21applications shall be entirely voluntary and within the sole
22discretion of the public library concerned.
23    In order to be eligible for a grant under this Section, the
24corporate authorities, in lieu of a tax levy at a particular
25rate, may provide funds from other sources, an amount
26equivalent to the amount to be produced by that levy.

 

 

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1(Source: P.A. 97-675, eff. 2-6-12.)
 
2    Section 90. The State Mandates Act is amended by adding
3Section 8.38 as follows:
 
4    (30 ILCS 805/8.38 new)
5    Sec. 8.38. Exempt mandate. Notwithstanding Sections 6 and 8
6of this Act, no reimbursement by the State is required for the
7implementation of any mandate created by this amendatory Act of
8the 98th General Assembly.