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Rep. Kevin Joyce
Filed: 4/23/2007
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LRB095 08487 BDD 35356 a |
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| AMENDMENT TO HOUSE BILL 1727
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| AMENDMENT NO. ______. Amend House Bill 1727, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 1. Short title. This Act may be cited as the |
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| Internet Screening in Public Libraries Act. |
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| Section 5. Purpose. In accordance with Section 20 of |
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| Article I of the Illinois Constitution, the General Assembly |
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| finds that the installation and operation by public libraries |
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| of technology protection measures that protect against access |
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| (i) by adults to visual depictions that are obscene or child |
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| pornography and (ii) by minors to visual depictions that are |
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| obscene, child pornography, or harmful to minors fulfill an |
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| important State interest. |
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| Section 10. Definitions. In this Act: |
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| "Administrative unit" means the entity designated by the |
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| State or a unit of local government or school district as |
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| responsible for the administration of all public library |
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| locations established or maintained by that governmental |
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| entity. |
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| "Child pornography" means any film, videotape, photograph, |
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| or other similar visual reproduction or depiction by computer |
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| of any child or severely or profoundly mentally retarded person |
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| whom the person knows or reasonably should know to be under the |
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| age of 18 or to be a severely or profoundly mentally retarded |
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| person, engaged in any activity described in subparagraphs (i) |
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| through (vii) of paragraph (1) of Section 11-20.1 of the |
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| Criminal Code of 1961 (720 ILCS 5/11-20.1). |
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| "Depiction harmful to minors" means any picture, image,
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| graphic image file, or other visual depiction that: |
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| (1)
taken as a whole and with respect to minors,
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| appeals to a prurient interest in nudity, sex, or |
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| excretion; |
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| (2) depicts, describes, or represents, in a patently |
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| offensive way with respect to what is suitable for minors, |
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| an actual or simulated sexual act, a lewd exhibition of the |
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| genitals, or a normal or perverted sexual contact; and |
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| (3) taken as a whole, lacks serious literary, artistic, |
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| political, or scientific value to minors. |
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| "Minor" means a person who is younger than 18 years of age. |
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| "Obscene" has the meaning ascribed to that term in Section |
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| 11-20 of the Criminal Code of 1961 (720 ILCS 5/11-20). |
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| "Public computer" means a computer, as that term is defined |
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| in Section 16D-2 of the Computer Crime Prevention Law (720 ILCS |
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| 5/16D-2), that is made available to the public and that has |
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| Internet access. |
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| "Public library" means any library established or |
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| 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 |
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| of a college or university. |
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| "Technology protection measure" means software or
the |
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| equivalent technology that blocks or filters Internet access to |
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| the visual depictions that are proscribed under this Act. |
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| Section 15. Public
library Internet safety policy. Each |
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| public library must create and enforce an Internet safety |
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| policy that provides for the: |
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| (1) installation and operation of a technology
protection |
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| measure on all public computers in the library
that protects |
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| against access through those computers to visual depictions |
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| that are obscene, child pornography, or harmful to minors; and |
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| (2) disablement of the technology protection measure by an |
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| employee of the public library upon an adult's request to use |
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| the computer for legitimate research or some other lawful |
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| purpose; and |
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| (3) disablement of the technology protection measure by an |
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| employee of the public library upon the request of a minor to |
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| use the computer for legitimate research or some other lawful |
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| purpose if that minor is adequately supervised for the duration |
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| of the minor's use of the computer by an individual who is 21 |
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| years of age or older. |
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| Section 20. Rules; annual attestation. |
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| (a) The State Librarian shall adopt rules to implement and |
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| administer this Act. |
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| (b) The head of
each administrative unit must annually |
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| attest in writing that all public library locations within
the |
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| jurisdiction of the administrative unit are in compliance
with |
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| Section 15, as a condition of the receipt of any State
grants |
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| distributed through the State Librarian under the Illinois |
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| Library Systems Act. |
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| Section 25. Internet Screening in Public Libraries Fund. |
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| The Internet Screening in Public Libraries Fund is created as a |
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| special fund in the State treasury. Subject to appropriation, |
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| the amounts in the Fund shall be used by the State Librarian to |
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| implement and administer this Act. |
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| Section 80. The State Finance Act is amended by adding |
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| Section 5.675 as follows: |
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| (30 ILCS 105/5.675 new) |
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| Sec. 5.675. The Internet Screening in Public Libraries |
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| Fund. |
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| Section 85. The Illinois Library System Act is amended by |
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| changing Section 8.1 as follows:
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| (75 ILCS 10/8.1) (from Ch. 81, par. 118.1)
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| Sec. 8.1. The State Librarian shall make grants annually
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| under this Section to all qualified public libraries in the
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| State from funds appropriated by the General Assembly. Such
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| grants shall be in the amount of up to $1.25 per capita for the
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| population of the area served by the respective public
library |
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| and, in addition, the amount of up to $0.19 per capita to |
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| libraries
serving populations over 500,000 under the Illinois |
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| Major Urban Library
Program. If the moneys appropriated for |
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| grants under this
Section are not sufficient the State |
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| Librarian shall reduce
the per capita amount of the grants so |
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| that the qualifying
public libraries receive the same amount |
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| per capita.
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| To be eligible for grants under this Section, a public |
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| library must:
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| (1) Provide, as determined by the State Librarian, |
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| library services
which either meet or show progress toward |
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| meeting the Illinois library
standards, as most recently |
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| adopted by the Illinois Library Association.
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| (2) Be a public library for which is levied a tax for
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| library purposes at a rate not less than .13% or a county |
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| library for which
is levied a tax for library purposes at a |
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| rate not less than .07%.
If a library is subject to the |
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| Property Tax Extension Limitation Law in the
Property Tax |
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| Code and its tax levy for library purposes has been lowered |
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| to a
rate of less than .13%, this requirement will be |
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| waived if the library
qualified
for this grant in the |
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| previous year and if the tax levied for library purposes
in |
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| the current year produces tax revenue for library purposes |
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| that is an
increase over the previous year's extension of |
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| 5% or the percentage increase in
the Consumer Price Index, |
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| whichever is less. |
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| (3) Be in compliance with the requirements set forth in |
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| the Internet Screening in Public Libraries Act and the |
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| administrative unit in whose jurisdiction the library is |
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| located must have submitted the annual attestation |
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| required under Section 20 of that Act.
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| Any other language in this Section to the contrary
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| notwithstanding, grants under this Section 8.1 shall be made
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| only upon application of the public library concerned, which
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| applications shall be entirely voluntary and within the sole
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| discretion of the public library concerned.
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| In order to be eligible for a grant under this Section, the |
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| corporate
authorities, in lieu of a tax levy at a particular |
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| rate, may provide
funds from other sources, an amount |
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| equivalent to the amount to be produced
by that levy.
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| (Source: P.A. 93-527, eff. 8-14-03.)
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