Bill Text: IL SB2784 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: 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 add 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB2784 Detail]

Download: Illinois-2013-SB2784-Introduced.html

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

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

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

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

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

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

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