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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.".