H*4426(Rat #0461, Act #0407 of 2000)  General Bill, By Davenport, Loftis, Leach, 
Hamilton, Robinson and Rice

Similar(S 1031)
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 10-1-205 SO AS TO REQUIRE THE GOVERNING BOARDS OF CERTAIN LIBRARIES, INCLUDING
 PUBLIC SCHOOL OR HIGHER EDUCATION INSTITUTION LIBRARIES, THAT HAVE COMPUTERS
 WHICH CAN ACCESS THE INTERNET AND ARE AVAILABLE FOR USE BY THE PUBLIC OR
 STUDENTS, OR BOTH, TO DEVELOP USE POLICIES FOR THESE COMPUTERS INTENDED TO
 REDUCE THE ABILITY OF THE USER TO ACCESS WEB SITES DISPLAYING OBSCENE
 MATERIAL; TO ADD SECTION 10-1-206 SO AS TO ESTABLISH A PILOT PROGRAM USING
 INTERNET FILTERING SOFTWARE IN COMPUTERS IN CERTAIN LIBRARIES AND INSTITUTIONS
 TO ELIMINATE OR REDUCE ACCESS TO WEB SITES DISPLAYING PORNOGRAPHY AND OBSCENE
 MATERIAL, TO ASSESS THE FEASIBILITY OF INSTALLING SUCH SOFTWARE IN COMPUTERS
 IN OTHER LIBRARIES AND INSTITUTIONS, AND TO PROVIDE FOR THE MANNER IN WHICH
 THIS PILOT PROGRAM MUST BE OPERATED; TO AMEND SECTION 15-78-60, AS AMENDED,
 RELATING TO LOSSES A GOVERNMENTAL ENTITY IS NOT LIABLE FOR, SO AS TO INCLUDE
 LOSSES RESULTING FROM THE GOVERNING BOARD OF CERTAIN LIBRARIES FAILING TO
 ADOPT COMPUTER USE POLICIES AS REQUIRED BY SECTION 10-1-205.-AMENDED TITLE

   01/12/00  House  Introduced and read first time HJ-10
   01/12/00  House  Referred to Committee on Education and Public
                     Works HJ-10
   04/25/00  House  Committee report: Favorable with amendment
                     Education and Public Works HJ-4
   04/27/00  House  Amended HJ-15
   04/27/00  House  Debate interrupted HJ-19
   04/27/00  House  Read second time HJ-33
   04/27/00  House  Unanimous consent for third reading on next
                     legislative day HJ-36
   04/28/00  House  Read third time and sent to Senate HJ-1
   05/02/00  Senate Introduced and read first time SJ-13
   05/02/00  Senate Referred to Committee on Judiciary SJ-13
   05/24/00  Senate Committee report: Favorable with amendment
                     Judiciary SJ-15
   05/25/00  Senate Amended SJ-90
   05/25/00  Senate Read second time SJ-90
   05/25/00  Senate Unanimous consent for third reading on next
                     legislative day SJ-90
   05/26/00  Senate Read third time and returned to House with
                     amendments SJ-4
   05/31/00  House  Non-concurrence in Senate amendment HJ-56
   05/31/00  Senate Senate insists upon amendment and conference
                     committee appointed Sens. Bryan, Mescher, Short SJ-202
   06/01/00  House  Conference committee appointed Stille, Barrett
                     and Hamilton HJ-6
   06/20/00  Senate Free conference powers granted SJ-38
   06/20/00  Senate Free conference committee appointed Sens.Bryan,
                     Mescher, Short SJ-38
   06/20/00  Senate Free conference report received and adopted SJ-38
   06/21/00  House  Free conference powers granted HJ-83
   06/21/00  House  Free conference committee appointed Reps. Stille,
                     Barrett and Hamilton HJ-85
   06/21/00  House  Free conference report received and adopted HJ-85
   06/21/00  House  Ordered enrolled for ratification HJ-88
   06/22/00         Ratified R 461
   10/10/00         Signed By Governor
   10/20/00         Effective date 07/01/00
   10/20/00         Copies available
   10/20/00         Act No. 407

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-205 SO AS TO REQUIRE THE GOVERNING BOARDS OF CERTAIN LIBRARIES, INCLUDING PUBLIC SCHOOL OR HIGHER EDUCATION INSTITUTION LIBRARIES, THAT HAVE COMPUTERS WHICH CAN ACCESS THE INTERNET AND ARE AVAILABLE FOR USE BY THE PUBLIC OR STUDENTS, OR BOTH, TO DEVELOP USE POLICIES FOR THESE COMPUTERS INTENDED TO REDUCE THE ABILITY OF THE USER TO ACCESS WEB SITES DISPLAYING OBSCENE MATERIAL; TO ADD SECTION 10-1-206 SO AS TO ESTABLISH A PILOT PROGRAM USING INTERNET FILTERING SOFTWARE IN COMPUTERS IN CERTAIN LIBRARIES AND INSTITUTIONS TO ELIMINATE OR REDUCE ACCESS TO WEB SITES DISPLAYING PORNOGRAPHY AND OBSCENE MATERIAL, TO ASSESS THE FEASIBILITY OF INSTALLING SUCH SOFTWARE IN COMPUTERS IN OTHER LIBRARIES AND INSTITUTIONS, AND TO PROVIDE FOR THE MANNER IN WHICH THIS PILOT PROGRAM MUST BE OPERATED; TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO LOSSES A GOVERNMENTAL ENTITY IS NOT LIABLE FOR, SO AS TO INCLUDE LOSSES RESULTING FROM THE GOVERNING BOARD OF CERTAIN LIBRARIES FAILING TO ADOPT COMPUTER USE POLICIES AS REQUIRED BY SECTION 10-1-205.

Be it enacted by the General Assembly of the State of South Carolina:

Computer use policies

SECTION 1. The 1976 Code is amended by adding:

"Section 10-1-205. A computer which:

(1) is located in a lending library supported by public funds, public school library or media arts center, or in the library of a public institution of higher learning as defined in Section 59-103-5;

(2) can access the Internet; and

(3) is available for use by the public or students, or both;

shall have its use policies determined by the library's or center's governing board, as appropriate. The governing board must adopt policies intended to reduce the ability of the user to access web sites displaying information or material in violation of Article 3 of Chapter 15 of Title 16."

Library pilot program for internet filtering software

SECTION 2. The 1976 Code is amended by adding:

"Section 10-1-206. (A)(1) A pilot program is hereby established to assess the feasibility of installing Internet filtering software in libraries or institutions as defined in Section 10-1-205, if funding is available.

(2) The Budget and Control Board shall be responsible for implementing this program and selecting appropriate filtering software. A minimum of three filtering software programs shall be tested.

(B)(1) The Budget and Control Board shall request institutions to voluntarily participate in the pilot program. Pilot areas shall be located in the upstate, midstate, and lowcountry areas of South Carolina. The board shall make every effort to ensure that one public school and one public library in each area are selected. Participating institutions must already have filtering software in place that meets the requirements of item (2) of this subsection or agree to install recommended filtering software purchased by the State.

(2) Participating institutions in the pilot area must equip Internet accessible computers with one of the software filtering devices provided by the Budget and Control Board, if not equipped, as provided by (B)(1). This software must incorporate web-filtering technology designed to eliminate or reduce the ability of the computer to access web sites displaying pornographic pictures or any other obscene material as defined by law. Selected software must be able to distinguish between pornographic and obscene web sites and medical research web sites.

(C) The Budget and Control Board shall be responsible for evaluating this program. The evaluation shall be based on the following criteria:

(1) the filtering programs' ability to limit or restrict access to sources of information or images that are considered obscene including hard-core pornography and child pornography;

(2) the filtering programs' ability to limit or restrict access to sources of pornographic information or images that could be obscene as to minors or harmful to minors; and

(3) the filtering programs' ability to successfully access and not filter legitimate research sites.

(D) Any person blocked from an Internet site he believes contains material that does not meet the criteria listed in items (1) or (2) of subsection (C) above, and desires to access such Internet site, may make a request that the institution unblock the specified site. If the institution determines that the site does not fall within the criteria listed in items (1) or (2) of subsection (C), the institution shall unblock such Internet site. An adult patron may request unfiltered access to the Internet for serious literary, artistic, political, or scientific purposes, and the institution may temporarily disable the blocking software for such purposes.

(E) The pilot program shall take effect on the effective date of this section and shall expire on June 29, 2001. By December 1, 2001, the board shall report its findings to the General Assembly.

(F) Medical schools are exempt from the pilot program."

Immunity from liability

SECTION 3. Section 15-78-60, as last amended by Act 77 of 1999, is further amended by adding a new item at the end:

"(35) the failure of a library's or media arts center's governing board to adopt policies as provided in Section 10-1-205."

Time effective

SECTION 4. This act takes effect July 1, 2000.

Ratified the 22nd day of June, 2000.

Approved the 10th day of October, 2000.