Full Text of HB1727 95th General Assembly
HB1727eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Internet Screening in Public Libraries Act. | 6 |
| Section 5. Purpose. In accordance with Section 20 of | 7 |
| Article I of the Illinois Constitution, the General Assembly | 8 |
| finds that the installation and operation by public libraries | 9 |
| of technology protection measures that protect against access | 10 |
| (i) by adults to visual depictions that are obscene or child | 11 |
| pornography and (ii) by minors to visual depictions that are | 12 |
| obscene, child pornography, or harmful to minors fulfill an | 13 |
| important State interest. | 14 |
| Section 10. Definitions. In this Act: | 15 |
| "Administrative unit" means the entity designated by the | 16 |
| State or a unit of local government or school district as | 17 |
| responsible for the administration of all public library | 18 |
| locations established or maintained by that governmental | 19 |
| entity. | 20 |
| "Child pornography" means any film, videotape, photograph, | 21 |
| or other similar visual reproduction or depiction by computer | 22 |
| 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 | 2 |
| age of 18 or to be a severely or profoundly mentally retarded | 3 |
| person, engaged in any activity described in subparagraphs (i) | 4 |
| through (vii) of paragraph (1) of Section 11-20.1 of the | 5 |
| Criminal Code of 1961 (720 ILCS 5/11-20.1). | 6 |
| "Depiction harmful to minors" means any picture, image,
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| graphic image file, or other visual depiction that: | 8 |
| (1)
taken as a whole and with respect to minors,
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| appeals to a prurient interest in nudity, sex, or | 10 |
| excretion; | 11 |
| (2) depicts, describes, or represents, in a patently | 12 |
| offensive way with respect to what is suitable for minors, | 13 |
| an actual or simulated sexual act, a lewd exhibition of the | 14 |
| genitals, or a normal or perverted sexual contact; and | 15 |
| (3) taken as a whole, lacks serious literary, artistic, | 16 |
| political, or scientific value to minors. | 17 |
| "Minor" means a person who is younger than 18 years of age. | 18 |
| "Obscene" has the meaning ascribed to that term in Section | 19 |
| 11-20 of the Criminal Code of 1961 (720 ILCS 5/11-20). | 20 |
| "Public computer" means a computer, as that term is defined | 21 |
| in Section 16D-2 of the Computer Crime Prevention Law (720 ILCS | 22 |
| 5/16D-2), that is made available to the public and that has | 23 |
| Internet access. | 24 |
| "Public library" means any library established or | 25 |
| maintained by the State or by any unit of local government or | 26 |
| school district in this State but does not include any library |
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| of a college or university. | 2 |
| "Technology protection measure" means software or
the | 3 |
| equivalent technology that blocks or filters Internet access to | 4 |
| the visual depictions that are proscribed under this Act. | 5 |
| Section 15. Public
library Internet safety policy. Each | 6 |
| public library must create and enforce an Internet safety | 7 |
| policy that provides for the: | 8 |
| (1) installation and operation of a technology
protection | 9 |
| measure on all public computers in the library
that protects | 10 |
| against access through those computers to visual depictions | 11 |
| that are obscene, child pornography, or harmful to minors; and | 12 |
| (2) disablement of the technology protection measure by an | 13 |
| employee of the public library upon an adult's request to use | 14 |
| the computer for legitimate research or some other lawful | 15 |
| purpose; and | 16 |
| (3) disablement of the technology protection measure by an | 17 |
| employee of the public library upon the request of a minor to | 18 |
| use the computer for legitimate research or some other lawful | 19 |
| purpose if that minor is adequately supervised for the duration | 20 |
| of the minor's use of the computer by an individual who is 21 | 21 |
| years of age or older. | 22 |
| Section 20. Rules; annual attestation. | 23 |
| (a) The State Librarian shall adopt rules to implement and | 24 |
| administer this Act. |
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| (b) The head of
each administrative unit must annually | 2 |
| attest in writing that all public library locations within
the | 3 |
| jurisdiction of the administrative unit are in compliance
with | 4 |
| Section 15, as a condition of the receipt of any State
grants | 5 |
| distributed through the State Librarian under the Illinois | 6 |
| Library Systems Act. | 7 |
| Section 25. Internet Screening in Public Libraries Fund. | 8 |
| The Internet Screening in Public Libraries Fund is created as a | 9 |
| special fund in the State treasury. Subject to appropriation, | 10 |
| the amounts in the Fund shall be used by the State Librarian to | 11 |
| implement and administer this Act. | 12 |
| Section 80. The State Finance Act is amended by adding | 13 |
| Section 5.675 as follows: | 14 |
| (30 ILCS 105/5.675 new) | 15 |
| Sec. 5.675. The Internet Screening in Public Libraries | 16 |
| Fund. | 17 |
| Section 85. The Illinois Library System Act is amended by | 18 |
| 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 | 4 |
| and, in addition, the amount of up to $0.19 per capita to | 5 |
| libraries
serving populations over 500,000 under the Illinois | 6 |
| Major Urban Library
Program. If the moneys appropriated for | 7 |
| grants under this
Section are not sufficient the State | 8 |
| Librarian shall reduce
the per capita amount of the grants so | 9 |
| that the qualifying
public libraries receive the same amount | 10 |
| per capita.
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| To be eligible for grants under this Section, a public | 12 |
| library must:
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| (1) Provide, as determined by the State Librarian, | 14 |
| library services
which either meet or show progress toward | 15 |
| meeting the Illinois library
standards, as most recently | 16 |
| 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 | 19 |
| library for which
is levied a tax for library purposes at a | 20 |
| rate not less than .07%.
If a library is subject to the | 21 |
| Property Tax Extension Limitation Law in the
Property Tax | 22 |
| Code and its tax levy for library purposes has been lowered | 23 |
| to a
rate of less than .13%, this requirement will be | 24 |
| waived if the library
qualified
for this grant in the | 25 |
| previous year and if the tax levied for library purposes
in | 26 |
| the current year produces tax revenue for library purposes |
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| that is an
increase over the previous year's extension of | 2 |
| 5% or the percentage increase in
the Consumer Price Index, | 3 |
| whichever is less. | 4 |
| (3) Be in compliance with the requirements set forth in | 5 |
| the Internet Screening in Public Libraries Act and the | 6 |
| administrative unit in whose jurisdiction the library is | 7 |
| located must have submitted the annual attestation | 8 |
| 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 | 15 |
| corporate
authorities, in lieu of a tax levy at a particular | 16 |
| rate, may provide
funds from other sources, an amount | 17 |
| 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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| Section 90. The State Mandates Act is amended by adding | 20 |
| Section 8.31 as follows: | 21 |
| (30 ILCS 805/8.31 new) | 22 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 23 |
| of this Act, no reimbursement by the State is required for the | 24 |
| implementation of any mandate created by this amendatory Act of |
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| the 95th General Assembly.
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