HB2458 94TH GENERAL ASSEMBLY

LRB094 07438 AJO 37601 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2458

Introduced 02/17/05, by Rep. Kevin Joyce

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.640 new
30 ILCS 805/8.29 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. Authorizes enforcement by the Attorney General or an individual. Provides that each public library must annually certify, under penalty of perjury, its compliance with this Act. Allows a public library to disable the technology protection measure for an adult engaged in legitimate research or some other lawful purpose. Amends the State Finance Act to create the Internet Screening in Public Libraries Fund. Fines under the Act are to be deposited into the Fund. Amounts in the Fund are to be used by the State Librarian, subject to appropriation, to implement and administer the Act. Amends the State Mandates Act to require implementation without reimbursement.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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 mentally retarded person whom the person knows or reasonably should know to be under the age of 18 or to be a severely or profoundly mentally retarded person, engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of Section 11-20.1 of the Criminal Code of 1961 (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; or

(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 1961 (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 school district in this State.

"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:

(A) by adults to visual depictions that are obscene or child pornography; and

(B) by minors 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.

Section 20. Procedures. If a public library fails to comply with Section 15, the Attorney General or a citizen of this State is authorized to seek enforcement as provided in this Section. The Attorney General or a citizen shall first mail to the applicable administrative unit a notice of intended civil action for enforcement that shall identify each public library location at which a violation is alleged to have occurred and shall specify the facts and circumstances of the alleged violation of Section 15. Within 15 days after the receipt of the notice, the administrative unit shall mail to the party that sent the notice a written response indicating whether the administrative unit disputes that an alleged violation occurred with the reason it disputes the allegation or whether each public library location identified in the notice has complied with or has initiated reasonable efforts toward compliance with the requirements of Section 15. If the Attorney General or the citizen does not receive a written response within 25 days after receipt of the notice by the administrative unit, or if after receiving the written response, the Attorney General or the citizen is not satisfied that compliance with the requirements of Section 15 has been rendered or that reasonable efforts toward compliance have been initiated, the party that sent the notice may bring a civil action to enforce Section 15 in the circuit court of the county in which the administrative unit is located.

All mailings required by this Section shall be certified with return receipt requested.

No cause of action, except that authorized by this Section, shall arise in favor of a person due to the failure of a public library to comply with Section 15.

Section 25. Enforcement. In connection with the enforcement of this Act, the court shall impose a fine upon the administrative unit in the amount of $100 per day per public library location found to have violated Section 15. Accrual of the fine shall begin on the date that the administrative unit received the notice of the intended civil action for enforcement. In an action brought by a citizen, if the court finds a violation of Section 15, the court shall award reasonable attorney's fees and costs to be paid by the administrative unit to the prevailing citizen. The clerk of the circuit court shall act as the depository for all fines collected under this Section. The clerk may retain a service charge of $1 for each payment received under this Section. On a monthly basis, the clerk shall transfer the moneys collected under this Section to the State Treasurer for deposit into the Internet Screening in Public Libraries Fund.

Section 30. Rules and sanctions. The State Librarian shall adopt rules to implement and administer this Act. The head of each administrative unit must annually attest in writing, under penalty of perjury, 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 funds distributed through the State Librarian.

Section 35. Internet Screening in Public Library 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 5.640 as follows:

(30 ILCS 105/5.640 new)

Sec. 5.640. The Internet Screening in Public Libraries Fund.

Section 90. The State Mandates Act is amended by adding Section 8.29 as follows:

(30 ILCS 805/8.29 new)

Sec. 8.29. 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 94th General Assembly.