Rep. Kevin Joyce
Filed: 4/23/2007
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1 | AMENDMENT TO HOUSE BILL 1727
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2 | AMENDMENT NO. ______. Amend House Bill 1727, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. Short title. This Act may be cited as the | ||||||
6 | Internet Screening in Public Libraries Act. | ||||||
7 | Section 5. Purpose. In accordance with Section 20 of | ||||||
8 | Article I of the Illinois Constitution, the General Assembly | ||||||
9 | finds that the installation and operation by public libraries | ||||||
10 | of technology protection measures that protect against access | ||||||
11 | (i) by adults to visual depictions that are obscene or child | ||||||
12 | pornography and (ii) by minors to visual depictions that are | ||||||
13 | obscene, child pornography, or harmful to minors fulfill an | ||||||
14 | important State interest. | ||||||
15 | Section 10. Definitions. In this Act: |
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1 | "Administrative unit" means the entity designated by the | ||||||
2 | State or a unit of local government or school district as | ||||||
3 | responsible for the administration of all public library | ||||||
4 | locations established or maintained by that governmental | ||||||
5 | entity. | ||||||
6 | "Child pornography" means any film, videotape, photograph, | ||||||
7 | or other similar visual reproduction or depiction by computer | ||||||
8 | of any child or severely or profoundly mentally retarded person | ||||||
9 | whom the person knows or reasonably should know to be under the | ||||||
10 | age of 18 or to be a severely or profoundly mentally retarded | ||||||
11 | person, engaged in any activity described in subparagraphs (i) | ||||||
12 | through (vii) of paragraph (1) of Section 11-20.1 of the | ||||||
13 | Criminal Code of 1961 (720 ILCS 5/11-20.1). | ||||||
14 | "Depiction harmful to minors" means any picture, image,
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15 | graphic image file, or other visual depiction that: | ||||||
16 | (1)
taken as a whole and with respect to minors,
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17 | appeals to a prurient interest in nudity, sex, or | ||||||
18 | excretion; | ||||||
19 | (2) depicts, describes, or represents, in a patently | ||||||
20 | offensive way with respect to what is suitable for minors, | ||||||
21 | an actual or simulated sexual act, a lewd exhibition of the | ||||||
22 | genitals, or a normal or perverted sexual contact; and | ||||||
23 | (3) taken as a whole, lacks serious literary, artistic, | ||||||
24 | political, or scientific value to minors. | ||||||
25 | "Minor" means a person who is younger than 18 years of age. | ||||||
26 | "Obscene" has the meaning ascribed to that term in Section |
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1 | 11-20 of the Criminal Code of 1961 (720 ILCS 5/11-20). | ||||||
2 | "Public computer" means a computer, as that term is defined | ||||||
3 | in Section 16D-2 of the Computer Crime Prevention Law (720 ILCS | ||||||
4 | 5/16D-2), that is made available to the public and that has | ||||||
5 | Internet access. | ||||||
6 | "Public library" means any library established or | ||||||
7 | maintained by the State or by any unit of local government or | ||||||
8 | school district in this State but does not include any library | ||||||
9 | of a college or university. | ||||||
10 | "Technology protection measure" means software or
the | ||||||
11 | equivalent technology that blocks or filters Internet access to | ||||||
12 | the visual depictions that are proscribed under this Act. | ||||||
13 | Section 15. Public
library Internet safety policy. Each | ||||||
14 | public library must create and enforce an Internet safety | ||||||
15 | policy that provides for the: | ||||||
16 | (1) installation and operation of a technology
protection | ||||||
17 | measure on all public computers in the library
that protects | ||||||
18 | against access through those computers to visual depictions | ||||||
19 | that are obscene, child pornography, or harmful to minors; and | ||||||
20 | (2) disablement of the technology protection measure by an | ||||||
21 | employee of the public library upon an adult's request to use | ||||||
22 | the computer for legitimate research or some other lawful | ||||||
23 | purpose; and | ||||||
24 | (3) disablement of the technology protection measure by an | ||||||
25 | employee of the public library upon the request of a minor to |
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1 | use the computer for legitimate research or some other lawful | ||||||
2 | purpose if that minor is adequately supervised for the duration | ||||||
3 | of the minor's use of the computer by an individual who is 21 | ||||||
4 | years of age or older. | ||||||
5 | Section 20. Rules; annual attestation. | ||||||
6 | (a) The State Librarian shall adopt rules to implement and | ||||||
7 | administer this Act. | ||||||
8 | (b) The head of
each administrative unit must annually | ||||||
9 | attest in writing that all public library locations within
the | ||||||
10 | jurisdiction of the administrative unit are in compliance
with | ||||||
11 | Section 15, as a condition of the receipt of any State
grants | ||||||
12 | distributed through the State Librarian under the Illinois | ||||||
13 | Library Systems Act. | ||||||
14 | Section 25. Internet Screening in Public Libraries Fund. | ||||||
15 | The Internet Screening in Public Libraries Fund is created as a | ||||||
16 | special fund in the State treasury. Subject to appropriation, | ||||||
17 | the amounts in the Fund shall be used by the State Librarian to | ||||||
18 | implement and administer this Act. | ||||||
19 | Section 80. The State Finance Act is amended by adding | ||||||
20 | Section 5.675 as follows: | ||||||
21 | (30 ILCS 105/5.675 new) | ||||||
22 | Sec. 5.675. The Internet Screening in Public Libraries |
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1 | Fund. | ||||||
2 | Section 85. The Illinois Library System Act is amended by | ||||||
3 | changing Section 8.1 as follows:
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4 | (75 ILCS 10/8.1) (from Ch. 81, par. 118.1)
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5 | Sec. 8.1. The State Librarian shall make grants annually
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6 | under this Section to all qualified public libraries in the
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7 | State from funds appropriated by the General Assembly. Such
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8 | grants shall be in the amount of up to $1.25 per capita for the
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9 | population of the area served by the respective public
library | ||||||
10 | and, in addition, the amount of up to $0.19 per capita to | ||||||
11 | libraries
serving populations over 500,000 under the Illinois | ||||||
12 | Major Urban Library
Program. If the moneys appropriated for | ||||||
13 | grants under this
Section are not sufficient the State | ||||||
14 | Librarian shall reduce
the per capita amount of the grants so | ||||||
15 | that the qualifying
public libraries receive the same amount | ||||||
16 | per capita.
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17 | To be eligible for grants under this Section, a public | ||||||
18 | library must:
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19 | (1) Provide, as determined by the State Librarian, | ||||||
20 | library services
which either meet or show progress toward | ||||||
21 | meeting the Illinois library
standards, as most recently | ||||||
22 | adopted by the Illinois Library Association.
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23 | (2) Be a public library for which is levied a tax for
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24 | library purposes at a rate not less than .13% or a county |
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1 | library for which
is levied a tax for library purposes at a | ||||||
2 | rate not less than .07%.
If a library is subject to the | ||||||
3 | Property Tax Extension Limitation Law in the
Property Tax | ||||||
4 | Code and its tax levy for library purposes has been lowered | ||||||
5 | to a
rate of less than .13%, this requirement will be | ||||||
6 | waived if the library
qualified
for this grant in the | ||||||
7 | previous year and if the tax levied for library purposes
in | ||||||
8 | the current year produces tax revenue for library purposes | ||||||
9 | that is an
increase over the previous year's extension of | ||||||
10 | 5% or the percentage increase in
the Consumer Price Index, | ||||||
11 | whichever is less. | ||||||
12 | (3) Be in compliance with the requirements set forth in | ||||||
13 | the Internet Screening in Public Libraries Act and the | ||||||
14 | administrative unit in whose jurisdiction the library is | ||||||
15 | located must have submitted the annual attestation | ||||||
16 | required under Section 20 of that Act.
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17 | Any other language in this Section to the contrary
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18 | notwithstanding, grants under this Section 8.1 shall be made
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19 | only upon application of the public library concerned, which
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20 | applications shall be entirely voluntary and within the sole
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21 | discretion of the public library concerned.
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22 | In order to be eligible for a grant under this Section, the | ||||||
23 | corporate
authorities, in lieu of a tax levy at a particular | ||||||
24 | rate, may provide
funds from other sources, an amount | ||||||
25 | equivalent to the amount to be produced
by that levy.
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26 | (Source: P.A. 93-527, eff. 8-14-03.)
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1 | Section 90. The State Mandates Act is amended by adding | ||||||
2 | Section 8.31 as follows: | ||||||
3 | (30 ILCS 805/8.31 new) | ||||||
4 | Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
5 | of this Act, no reimbursement by the State is required for the | ||||||
6 | implementation of any mandate created by this amendatory Act of | ||||||
7 | the 95th General Assembly. ".
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