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COMMITTEE REPORT
April 25, 2000
H. 4426
Introduced by Reps. Davenport, Loftis, Leach, Hamilton, Robinson and Rice
S. Printed 4/25/00--H. [SEC 4/26/00 2:29 PM]
Read the first time January 12, 2000.
To whom was referred a Bill (H. 4426), to amend the Code of Laws of South Carolina, 1976, by adding Section 10-1-205 so as to require computers in public libraries, public school libraries, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 10-1-205. (A) 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 boards, as appropriate. The governing boards must adopt and enforce 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.
(B) Every lending library supported by public funds, public school library or media arts center, or library of a public institution of higher learning as defined in Section 59-103-5(2), shall post and display in at least two public places within the library a copy of the provisions of this section so that it may be read by anyone going into, visiting, or belonging to the library and using the libraries' Internet services.
(C) All applicable federal and state laws and local ordinances relating to obscenity and other similar criminal law violations apply to any person who knowingly downloads child pornography, pornography, or other obscene material from computers in a library referred to in subsection (B), and these persons committing such violations may be prosecuted accordingly."
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. Funds for this program shall be as appropriated by the General Assembly.
(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 select the institutions that shall participate in the pilot program. Once selected by the board, the institution must participate. Pilot areas must be located in the upstate, midstate, and lowcountry areas of South Carolina. The board shall ensure that one public school district and one public library in each area are selected. Selected institutions must already have filtering software in place that meets the requirements of item (2) of this subsection or agree to installing recommended filtering software purchased by the State.
(2) Selected institutions in the pilot area must equip Internet accessible computers with one of the software filtering devices selected by the Budget and Control Board. 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."
SECTION 3. This act takes effect July 1, 2000. /
Renumber sections to conform.
Amend title to read:
/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 THEREFOR INTENDED TO REDUCE THE ABILITY OF THE USER TO ACCESS WEB SITES DISPLAYING PORNOGRAPHY, AND TO PERMIT CRIMINAL PROSECUTION UNDER APPLICABLE LAWS OR LOCAL ORDINANCES OF PERSONS KNOWINGLY DOWNLOADING PORNOGRAPHY FROM COMPUTERS IN THESE LIBRARIES; AND TO ADD SECTION 10-1-206 SO AS TO ESTABLISH A PILOT PROGRAM TO INSTALL AND ASSESS THE FEASIBILITY OF INSTALLING INTERNET FILTERING SOFTWARE IN THESE LIBRARIES AND INSTITUTIONS TO ELIMINATE OR REDUCE THE ABILITY OF THEIR COMPUTERS TO ACCESS WEB SITES DISPLAYING PORNOGRAPHY, AND TO PROVIDE FOR THE MANNER IN WHICH THIS PILOT PROGRAM SHALL BE OPERATED/.
RONALD P. TOWNSEND, for Committee.
FIRST YEAR GENERAL FUNDS: $30,000
FIRST YEAR FEDERAL AND/OR OTHER FUNDS: $0
ANNUAL TOTAL THEREAFTER: $0
EXPLANATION OF IMPACT:
The State Budget and Control Board, Office of Information Resources (B&CB-OIR) estimates one-time costs associated with implementation of this pilot program at $30,000. B&CB-OIR anticipates the cost associated with purchasing of software packages and installation at approximately $10,000, depending on the number of participating libraries and the number of computes to be equipped with Web filtering software. In addition, B&CB-OIR anticipates costs associated with consultant services that would assist with review, evaluation and assessment at approximately $20,000.
Approved By:
Don Addy
Office of State Budget
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-205 SO AS TO REQUIRE COMPUTERS IN PUBLIC LIBRARIES, PUBLIC SCHOOL LIBRARIES, AND PUBLIC INSTITUTIONS OF HIGHER LEARNING LIBRARIES WHICH CAN ACCESS THE INTERNET AND ARE AVAILABLE FOR USE BY THE PUBLIC OR STUDENTS TO BE EQUIPPED WITH SCREENING SOFTWARE TO ELIMINATE OR REDUCE THE ACCESSIBILITY OF PORNOGRAPHIC SITES.
Be it enacted by the General Assembly of the State of South Carolina:
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; and
(2) can access the internet;
(3) is available for use by the public or students, or both;
must be equipped with software incorporating web filtering technology designed to eliminate or reduce the ability of the computer to access web sites displaying pornographic pictures or text."
SECTION 2. This act takes effect July 1, 2000.
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