State of Illinois
92nd General Assembly
Legislation

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92_SB0698ham001











                                           LRB9206223BDdvam01

 1                    AMENDMENT TO SENATE BILL 698

 2        AMENDMENT NO.     .  Amend Senate Bill 698  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  1.  Short  Title.  This Act may be cited as the
 5    Internet Access For Minors at Public Libraries Act.

 6        Section 5.  Definitions. As used in this Act:
 7        "Explicit sexual materials" means  those  materials  that
 8    are  obscene as defined in Section 11-20 of the Criminal Code
 9    of 1961, child pornography as defined in Section  11-20.1  of
10    the  Criminal  Code of 1961, or material harmful to minors as
11    defined in Section 11-21 of the Criminal Code of 1961.
12        "Public access computer" means a computer that is located
13    in a publicly-supported library, other than a law library  or
14    a  school  or  academic library, and that is connected to the
15    Internet or to an online service.
16        "Publicly-supported library"  means  a  library  that  is
17    created  under  the  Illinois Local Library Act, the Illinois
18    Library System Act, the Public Library District Act of  1991,
19    the  Chicago Public Library Act, the Village Library Act, the
20    Library Incorporation Act, the Libraries in  Parks  Act,  the
21    Counties  Code,  the Township Code, or the Illinois Municipal
22    Code.
 
                            -2-            LRB9206223BDdvam01
 1        Section 10.  Minor patron use.  If  a  publicly-supported
 2    library provides one or more public access computers that are
 3    connected  to  the  Internet, then the library must do one of
 4    the following:
 5             (1)  dedicate one  or  more  of  the  public  access
 6        computers  for  the  sole  use  of  minors  and equip the
 7        computer with software that seeks to prevent minors  form
 8        gaining access to explicit sexual materials; or
 9             (2)  dedicate  one  or  more public access computers
10        for  the  sole  use  of  minors   and   obtain   Internet
11        connectivity  from  an  Internet  service  provider  that
12        provides  filter  services  to  limit  access to explicit
13        sexual materials.
14    Upon  implementation  of  either  option  (1)  or  (2),   the
15    publicly-supported  library  must  ensure  that  the Internet
16    filter  technology  is  operational  on  the  public   access
17    computers  designated for use by minors. A publicly-supported
18    library need not comply with  this  Section  if  the  library
19    prohibits minors from using its public access computers.

20        Section  15.  Adult  patron  use.  Nothing  in  this  Act
21    prohibits  a publicly-supported library from providing one or
22    more public access computers for use by adult patrons. To the
23    extent that a library permits adult patrons  to  use  one  or
24    more  public  access computers, the library must dedicate the
25    computers solely for adult use and must prohibit minors  from
26    using those computers.

27        Section  20.  Employee  use. Nothing in this Act shall be
28    construed to exclude  any  authorized  adult  employee  of  a
29    publicly-supported  library  from having unfiltered access to
30    the Internet or to any online service for legitimate library,
31    scientific, or educational purposes.
 
                            -3-            LRB9206223BDdvam01
 1        Section 25.  Compliance.  The  chief  librarian  of  each
 2    publicly-supported library that allows minors to use a public
 3    access computer must annually file with the State Librarian a
 4    certificate  that  the library is in compliance with Sections
 5    10 and 15 of this Act. The State Librarian shall prescribe  a
 6    form  for the certificate, which must be notarized, and shall
 7    adopt any rules necessary to implement this Act.

 8        Section 30.  Noncompliance. Notwithstanding any other law
 9    to the contrary, a publicly-supported library that  fails  to
10    comply  with  Sections  10,  15,  and  25  of this Act is not
11    eligible to apply for or receive any State grant moneys  made
12    available  under the Illinois Library System Act or any other
13    law.

14        Section 35.  Immunity. A publicly-supported library  that
15    complies  with  Sections 10, 15, and 25 of this Act is immune
16    from any criminal liability arising from access by a minor to
17    explicit sexual materials through the use of a public  access
18    computer   owned  or  controlled  by  the  publicly-supported
19    library.".

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