Download This Version in Microsoft Word format
COMMITTEE REPORT
May 24, 2000
H. 4426
Introduced by Reps. Davenport, Loftis, Leach, Hamilton, Robinson and Rice
S. Printed 5/24/00--S.
Read the first time May 2, 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 the governing boards of certain libraries including public school, 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, page 1, beginning on line 37, by striking SECTION 1 in its entirety and inserting therein the following:
/ SECTION ___. 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 boards, as appropriate. The governing boards 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." /
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. 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." /
Renumber sections to conform.
Amend title to conform.
DONALD H. HOLLAND, for Committee.
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.
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) 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.
This web page was last updated on Friday, June 26, 2009 at 3:05 P.M.