Illinois General Assembly - Full Text of HB2689
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Full Text of HB2689  99th General Assembly



State of Illinois
2015 and 2016


Introduced , by Rep. Peter Breen


New Act
30 ILCS 105/5.866 new
75 ILCS 5/1-8 new
75 ILCS 10/8.1  from Ch. 81, par. 118.1
30 ILCS 805/8.39 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. Amends the Illinois Library System Act to require compliance with and submit an annual attestation under this Act in order to be eligible for certain grants. Amends the Illinois Local Library Act to be subject to the provisions of this Act. Amends the State Mandates Act to require implementation without reimbursement.

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HB2689LRB099 07997 SXM 28137 b

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
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
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 5.866 as follows:
15    (30 ILCS 105/5.866 new)
16    Sec. 5.866. The Internet Screening in Public Libraries
18    Section 85. The Illinois Local Library Act is amended by
19adding Section 1-8 as follows:
20    (75 ILCS 5/1-8 new)
21    Sec. 1-8. Internet Screening in Public Libraries Act.Each



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1library subject to this Act is subject to the provisions of the
2Internet Screening in Public Libraries Act.
3    Section 90. The Illinois Library System Act is amended by
4changing Section 8.1 as follows:
5    (75 ILCS 10/8.1)  (from Ch. 81, par. 118.1)
6    Sec. 8.1. The State Librarian shall make grants annually
7under this Section to all qualified public libraries in the
8State from funds appropriated by the General Assembly. Such
9grants shall be in the amount of up to $1.25 per capita for the
10population of the area served by the respective public library
11and, in addition, the amount of up to $0.19 per capita to
12libraries serving populations over 500,000 under the Illinois
13Major Urban Library Program. If the moneys appropriated for
14grants under this Section are not sufficient the State
15Librarian shall reduce the per capita amount of the grants so
16that the qualifying public libraries receive the same amount
17per capita.
18    To be eligible for grants under this Section, a public
19library must:
20        (1) Provide, as determined by the State Librarian,
21    library services which either meet or show progress toward
22    meeting the Illinois library standards, as most recently
23    adopted by the Illinois Library Association.
24        (2) Be a public library for which is levied a tax for



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1    library purposes at a rate not less than .13% or a county
2    library for which is levied a tax for library purposes at a
3    rate not less than .07%. If a library is subject to the
4    Property Tax Extension Limitation Law in the Property Tax
5    Code and its tax levy for library purposes has been lowered
6    to a rate of less than .13%, this requirement will be
7    waived if the library qualified for this grant in the
8    previous year and if the tax levied for library purposes in
9    the current year produces tax revenue for library purposes
10    that is an increase over the previous year's extension of
11    5% or the percentage increase in the Consumer Price Index,
12    whichever is less. Beginning in State Fiscal Year 2012 and
13    continuing through and including State Fiscal Year 2015,
14    the eligibility requirement in this subsection shall be
15    waived if a library's tax levy for library purposes has
16    been lowered to a rate of less than 0.13%, and the State
17    Librarian determines that the library (i) continues to meet
18    the requirements of item (1) of this Section and (ii)
19    received a grant under this Section in the previous fiscal
20    year.
21        (3) Be in compliance with the requirements set forth in
22    the Internet Screening in Public Libraries Act and the
23    administrative unit in whose jurisdiction the library is
24    located must have submitted the annual attestation
25    required under Section 20 of that Act.
26    Any other language in this Section to the contrary



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1notwithstanding, grants under this Section 8.1 shall be made
2only upon application of the public library concerned, which
3applications shall be entirely voluntary and within the sole
4discretion of the public library concerned.
5    In order to be eligible for a grant under this Section, the
6corporate authorities, in lieu of a tax levy at a particular
7rate, may provide funds from other sources, an amount
8equivalent to the amount to be produced by that levy.
9(Source: P.A. 97-675, eff. 2-6-12.)
10    Section 95. The State Mandates Act is amended by adding
11Section 8.39 as follows:
12    (30 ILCS 805/8.39 new)
13    Sec. 8.39. Exempt mandate. Notwithstanding Sections 6 and 8
14of this Act, no reimbursement by the State is required for the
15implementation of any mandate created by Internet Screening in
16Public Libraries Act.