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Public Act 91-0507
HB2164 Enrolled LRB9103882DHmg
AN ACT concerning libraries.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Library Act is amended by changing
Sections 2, 5, 6, 7, 7.2, 8, 9, 10, 11, 12, 18, 19, and 21 as
follows:
(15 ILCS 320/2) (from Ch. 128, par. 102)
Sec. 2. Secretary of State is State Librarian. The
Secretary of State shall be the State Librarian of the State
Library, shall have the direction and control thereof, and he
shall appoint a Director of the State Library and such other
subordinate officers, personnel, and other employees as may
be necessary to carry out the provisions of this Act. He or
she may make, amend, and enforce such rules and regulations
in relation to library services, materials, and resources
the care, arrangement and use of books, maps, charts, papers,
furniture and other things belonging to the State Library as
he may deem proper. Any rule or regulation made or amended
hereunder shall be filed with the Office of Secretary of
State.
(Source: P.A. 77-1690.)
(15 ILCS 320/5) (from Ch. 128, par. 105)
Sec. 5. State Library Advisory Committee. There is hereby
created an Advisory Library Committee whose duty it shall be
to make recommendations concerning the policies, services,
and management of the State Library. The Advisory Committee
shall additionally advise the State Library in the
development of State and federal library plans; provide input
in addressing policies, issues, and activities for library
development and cooperation among different types of
libraries; make recommendations concerning the evaluation of
statewide services; and address the use of technology to
expand access to information for the State's citizens.
The Committee shall consist of 20 persons appointed by
the State Librarian, and he may take into consideration the
recommendations of the Illinois Library Association and other
similar organizations. The appointments shall consist of the
following:
13 Library professionals broadly representative of
Illinois libraries (including academic, public, school, and
special libraries), library systems and other consortia
1--Educator in the library field;
1--Institutional Librarian;
1--Special Librarian;
2--School Librarians;
2--Academic Librarians;
6--Library Directors of Library Systems or Local Public
Libraries; and
7 citizens.
Additional persons may be made ex officio members of the
Committee, but without voting powers.
The Director of the State Library shall serve as
Secretary of the Committee but may vote only to break tie
votes.
The Advisory Committee shall elect its own chairman and
vice chairman and committee members shall serve without
compensation but may be reimbursed for expenses incurred as
members of the committee.
Each committee member shall serve for a term of 3 years,
or until his or her successor is appointed, and the State
Librarian may stagger the terms. No person shall serve for
more than 2 consecutive 3-year terms.
(Source: P.A. 84-444; 84-968.)
(15 ILCS 320/6) (from Ch. 128, par. 106)
Sec. 6. Responsibilities and duties of the Committee. The
Advisory Committee has the responsibilities and duties to
make recommendations to the State Librarian as follows:
(a) General policies of the State Library;
(b) Budget policies to the State Librarian pertaining as
it pertains to the annual appropriations for the State
Library;
(c) Such Library standards for all public libraries
required by federal law or regulation to administer federal
aid;
(d) Policies of the State-funded library systems; and
(e) Policies of federally-funded library programs.
The committee may further assist in communicating the
goals, plans, policies, and work of the State Library to all
governmental officials and the general public.
(Source: P.A. 77-1690.)
(15 ILCS 320/7) (from Ch. 128, par. 107)
Sec. 7. Purposes Purpose of the State Library. The
Illinois State Library shall:
(a) Maintain a library for State officials and employees
of the State, consisting of especially of informational
material and resources pertaining to the phases of their
work, and serve as the State's library by extending its
resources to citizens of Illinois and to provide for them
material for general reading and study.
(b) Establish and operate a Governmental Research
Service of the Illinois State Library. This service shall
make available printed and other materials that pertain to
public and governmental affairs. State Officers, members of
the General Assembly, members of their staffs, and other
State employees shall have access to these materials.
(b)(c) Maintain and provide research library services
for all State agencies.
(c)(d) Administer the Illinois Library System Act, as
amended.
(d)(e) Promote and administer the law relating to
Interstate Library Compacts.
(e) Enter into interagency agreements, pursuant to the
Intergovernmental Cooperation Act, including agreements to
promote access to information by Illinois students and the
general public.
(f) Function as a Research and Reference Center pursuant
to The Illinois Library System Act, as amended.
(f)(g) Promote and develop a cooperative library network
operating regionally or statewide for providing effective
coordination of the library resources of public, academic,
school, and special libraries, and to promote and develop
information centers for improved supplemental library
services for special library clientele served by each type of
library or center.
(g)(h) Administer grants of federal library funds
pursuant to federal law and requirements.
(i) Be a supplementary source through the State-funded
library systems for reading materials unavailable in the
local libraries.
(h)(j) Assist local libraries in their plans of
cooperation for better work and for library services in their
communities and to loan them books and other library
materials, including funding through the State-funded library
systems for the purpose of local library development and
networking in furtherance of this object.
(i)(k) Be ready to help Assist local library groups in
developing a programs program by which library services
service can be established and enhanced in areas without
those services arranged for in rural communities and rural
schools now without such service, and to develop standards
for libraries.
(j)(l) Be a clearing house, in an advisory capacity, for
questions and problems pertaining to the administration and
functioning of public and school libraries in Illinois and to
publish booklets and pamphlets to implement this service.
(k)(m) To seek the opinion of the Attorney General for
legal questions pertaining to public libraries and their
function as governmental agencies.
(l)(n) Contract with any other library or library agency
to carry out the purposes of the State Library. If any such
contract requires payments by user libraries for goods and
services, the State Library may distribute billings from
contractors to applicable user libraries and may receive and
distribute payments from user libraries to contractors.
There is hereby created in the State Treasury the Library
Trust Fund, into which all moneys monies payable to
contractors which are received from user libraries under this
paragraph (l) (n) shall be paid. The Treasurer shall pay
such funds to contractors at the direction of the State
Librarian.
(m)(o) Collect, Compile, preserve and publish public
library statistical information.
(n)(p) Compile and publish the annual report of local
public libraries and library systems submitted to the State
Librarian pursuant to law.
(o)(q) Conduct and arrange for library training programs
for library personnel, library directors and others involved
in library services.
(p)(r) Prepare Make and publish an annual report for
each fiscal year.
(s) (Blank).
(t) Create and maintain a State Government Report
Distribution Center for the General Assembly. The Center
shall receive all reports required by law or resolution to be
filed with the General Assembly and shall furnish copies of
such reports without charge to members of the General
Assembly upon request. Before any report to the General
Assembly is printed or otherwise reproduced for distribution,
the person making such report shall inquire of the Center as
to the number of copies required for its purposes and that
number of copies, determined by the Center on the basis of
its experience, shall be supplied to the Center by the
reporting party on the same day on which the report is filed
with the Clerk of the House of Representatives and the
Secretary of the Senate as required by Section 3.1 of the
General Assembly Organization Act. This paragraph does not
affect the requirements of Section 21 of this Act relating to
the deposit of State publications with the State Library.
(q)(t-1) Make available to the public, by means of
access by way of the largest nonproprietary nonprofit
cooperative public computer network, certain records of State
agencies.
As used in this subdivision (q)(t-1), "State agencies"
means all officers, boards, commissions and agencies created
by the Constitution; all officers, departments, boards,
commissions, agencies, institutions, authorities,
universities, and bodies politic and corporate of the State;
administrative units or corporate outgrowths of the State
government which are created by or pursuant to statute, other
than units of local government and their officers, school
districts and boards of election commissioners; and all
administrative units and corporate outgrowths of the above
and as may be created by executive order of the Governor;
however, "State agencies" does not include any agency,
officer, or other entity of the judicial or legislative
branch.
As used in this subdivision (q)(t-1), "records" means
public records, as defined in the Freedom of Information Act,
that are not exempt from inspection and copying under that
Act.
The State Librarian and each appropriate State agency
shall specify the types and categories of records that shall
be accessible through the public computer network and the
types and categories of records that shall be inaccessible.
Records currently held by a State agency and documents that
are required to be provided to the Illinois State Library in
accordance with Section 21 shall be provided to the Illinois
State Library in an appropriate electronic format when
feasible. The cost to each State agency of making records
accessible through the public computer network or of
providing records in an appropriate electronic format shall
be considered in making determinations regarding
accessibility.
As soon as possible and no later than 18 months after the
effective date of this amendatory Act of 1995, the types and
categories of information, specified by the State Librarian
and each appropriate State agency, shall be made available to
the public by means of access by way of the largest
nonproprietary, nonprofit cooperative public computer
network. The information shall be made available in one or
more formats and by one or more means in order to provide the
greatest feasible access to the general public in this State.
Any person who accesses the information may access all or any
part of the information. The information may also be made
available by any other means of access that would facilitate
public access to the information. The information shall be
made available in the shortest feasible time after it is
publicly available.
Any documentation that describes the electronic digital
formats of the information shall be made available by means
of access by way of the same public computer network.
Personal information concerning a person who accesses the
information may be maintained only for the purpose of
providing service to the person.
The electronic public access provided by way of the
public computer network shall be in addition to other
electronic or print distribution of the information.
No action taken under this subdivision (q) (t-1) shall be
deemed to alter or relinquish any copyright or other
proprietary interest or entitlement of the State of Illinois
relating to any of the information made available under this
subdivision (q)(t-1).
(r)(u) Coordinate literacy programs for the Secretary of
State.
(v) Establish and maintain, directly or by contract, a
statewide system of direction services to provide information
about services for handicapped persons and their families.
Such information shall be maintained and available through a
computerized data base, which may include but not be limited
to the name, location, and a description of specific
education, social and medical services for handicapped
persons and their families that may be available from public
and private sources. Such services shall include efforts to
increase the awareness of handicapped persons and their
families about such services. For purposes of this
paragraph, "handicapped person" includes any person who is
handicapped within the meaning of the federal Education for
All Handicapped Children Act and the Rehabilitation Act of
1973, as amended, and any person with a developmental
disability as defined by the federal Developmental
Disabilities Assistance and Bill of Rights Act.
(s)(w) Establish and maintain an Office of Preservation
for the purpose of preserving the library and archival
resources in Illinois. The Office will Provide coordination
of statewide preservation planning, act as a focal point for
preservation advocacy, assess statewide needs and establish
specific programs to meet those needs, and manage state funds
appropriated for preservation work relating to the
preservation of the library and archival resources of
Illinois.
(t) Create and maintain a State Government Report
Distribution Center for the General Assembly. The Center
shall receive all reports in all formats available required
by law or resolution to be filed with the General Assembly
and shall furnish copies of such reports on the same day on
which the report is filed with the Clerk of the House of
Representatives and the Secretary of the Senate, as required
by the General Assembly Organization Act, without charge to
members of the General Assembly upon request. This paragraph
does not affect the requirements of Section 21 of this Act
relating to the deposit of State publications with the State
library.
(Source: P.A. 88-45; 88-161; 88-670, eff. 12-2-94; 89-169,
eff. 7-19-95.)
(15 ILCS 320/7.2) (from Ch. 128, par. 107.2)
Sec. 7.2. Literacy Advisory Board. There is created a
Literacy Advisory Board, consisting of the Secretary of State
or his designee as chairperson, 2 members from the Illinois
State Library or their designees, 2 members from the Illinois
State Board of Education or their designees and 3 Illinois
citizens interested in the literacy issue, all appointed by
the Secretary of State. The Literacy Advisory Board shall
review community and workplace all proposals for funding of
literacy programs in Illinois submitted through the Office of
the Secretary of State and recommend to the Secretary of
State those deserving of funding. The Illinois State Library
may promulgate rules and regulations to establish standards
for literacy program funding criteria.
(Source: P.A. 84-126; 84-444; 84-968.)
(15 ILCS 320/8) (from Ch. 128, par. 108)
Sec. 8. Catalog. The State Librarian or his or her
designee shall maintain prepare a catalog with containing
information pertaining to the collections of with respect to
items in the State Library. Such catalog to be similar to
those used in American libraries.
(Source: P.A. 77-1690.)
(15 ILCS 320/9) (from Ch. 128, par. 109)
Sec. 9. Ownership mark. The State Librarian will identify
shall cause each book in the State Library with an ownership
mark and those to be added to bear an ownership mark reading
"Illinois State Library" and such other official marks as are
commonly used in American libraries.
(Source: P.A. 77-1690.)
(15 ILCS 320/10) (from Ch. 128, par. 110)
Sec. 10. Users of the State Library. Books, other
reading materials and other library materials shall be loaned
and Library services shall be supplied to: State Officers and
Officials; members of the General Assembly and staff; State
agencies, bodies and commissions; State agency employes;
patrons of libraries with whom consortial agreements have
been established; and the general public.
Urban and rural schools not having school library
facilities or access to a State-funded library system;
Individuals living in communities without local library
service and without access to a State-funded library system;
Local public libraries where such loans or services are
not available or cannot be obtained as a State-funded library
system and to other individuals and study groups at the
discretion of the State Librarian.
Any individual, study group, school, library or community
requesting books or other reading materials or other library
materials from the State Library must fill in an application
for this service, thereby becoming officially recorded as a
registered borrower of the State Library.
Registrants not requesting reading materials for three
consecutive years must renew their application before reading
materials can be loaned to them.
(Source: P.A. 78-255.)
(15 ILCS 320/11) (from Ch. 128, par. 111)
Sec. 11. Services of the State Library. Services
provided to users of the State Library include but are not
limited to circulation, reference, and interlibrary loan
Registry of library materials.
A record shall be kept of all books or other items loaned
by the Illinois State Library for such period and under such
regulations as determined by the State Librarian.
(a) Circulation.
(1) Library materials designated as
circulating shall be directly loaned on site to:
State officials; members of the General Assembly and
staff; State agency employees; individuals who hold
valid Illinois public library cards; individuals who
hold valid library cards from libraries with whom
consortial agreements have been reached that specify
reciprocal borrowing privileges; and other
individuals as specified by the State Librarian or
his or her designee.
(2) Any individual requesting circulation of
material from the State Library must fill in an
application for this service, thereby becoming
officially recorded as a registered borrower of the
State Library.
(3) All requests for materials or information
will be kept confidential in accordance with the
Library Records Confidentiality Act.
(b) Reference.
(1) Instructions on how to use the library and
its resources are available to any patron.
(2) The quick provision of factual information
shall be provided to any individual.
(3) Provision of research assistance shall be
provided to officials and employees of State
government for work-related purposes.
(c) Interlibrary loan.
(1) Borrowing. Materials shall be borrowed
from other libraries on behalf of State officials,
members of the General Assembly and staff, and State
agency employees who are registered borrowers of the
State Library for their work-related needs. Any
fees for interlibrary loan lending shall be paid by
the requesting patron or agency.
(2) Lending. Circulating State Library
materials shall be loaned to other libraries that
request the materials on behalf of their patrons.
(Source: P.A. 77-1690.)
(15 ILCS 320/12) (from Ch. 128, par. 112)
Sec. 12. Replacement of library materials. If any Any
person who fails to return any borrowed book or other item
taken from the library within the time prescribed by the
State Librarian, or damages injures the item same, is
responsible for replacement or replacement costs, as
determined by the State Librarian or his or her designee he
shall be obliged to replace the said item, such replacement
item to be in new condition.
(Source: P.A. 77-1690.)
(15 ILCS 320/18) (from Ch. 128, par. 118)
Sec. 18. Federal aid. The Secretary of State and State
Librarian is authorized and empowered to do all things
necessary and proper to fully cooperate with the United
States government Commissioner of Education in the
administering of any Act heretofore, or hereafter enacted for
the purpose of appropriation of funds for the payment of
salaries, library materials, access to electronic resources,
books, periodicals, library supplies, equipment, the
construction of library buildings, for the maintenance of the
expense of public library services throughout the State, and
for library services to for interlibrary cooperation for
library services to institutions operated or substantially
supported by the State of Illinois, and for library services
to the physically handicapped.
(Source: P.A. 77-1690.)
(15 ILCS 320/19) (from Ch. 128, par. 119)
Sec. 19. Reimbursement of federal funds for services.
When federal funds are expended to provide library services
to local libraries pursuant to the Federal Library Services
Act (Public law 597-84th Congress) and reimbursement is
received from such local libraries, the amount received as
reimbursement shall be returned be paid into the trust fund
in the State Treasury from which such expenditure was made.
(Source: P.A. 77-1690.)
(15 ILCS 320/21) (from Ch. 128, par. 121)
Sec. 21. Publications and lists; deposits by State
agencies.
(a) All State agencies shall provide and deposit with
the Illinois State Library sufficient copies of all
publications issued by such State agencies for its collection
and for exchange purposes. The State Librarian shall by rule
or regulation specify the number of copies required and the
publications that must be deposited. The number of paper
copies of a publication that must be deposited may be reduced
if the documents are also submitted in an electric format
specified by the Illinois State Library.
For the purposes of this section:
(1) "State agencies" means every State office,
official officer, department, division, section, unit,
service, bureau, board, commission, committee, and
subdivision thereof of all branches of the State
government and which agencies expend appropriations of
State funds.
(2) "Publications" means any document, report,
directory, bibliography, rule, regulation, newsletter,
pamphlet, brochure, periodical or other printed material
paid for in whole or in part by funds appropriated by the
General Assembly or issued at the request of a State
agency, excepting however, correspondence, inter-office
memoranda, and confidential publications.
(3) "Printed material" means publications
duplicated by any and all methods of duplication.
(b) The State Librarian shall from time to time provide
publish a listing, electronically, in printed form, or in
both formats, of the publications received by him or her
under this Act.
(Source: P.A. 77-1690.)
(15 ILCS 320/4 rep.)
(15 ILCS 320/20 rep.)
Section 10. The State Library Act is amended by
repealing Sections 4 and 20.
Section 15. The Illinois Library System Act is amended
by changing Section 8.4 as follows:
(75 ILCS 10/8.4) (from Ch. 81, par. 118.4)
Sec. 8.4. School library grants. Beginning July 1,
1989, the State Librarian shall make grants annually under
this Section to all school districts in the State for the
establishment and operation of qualified school libraries, or
the additional support of existing qualified school
libraries, from funds appropriated by the General Assembly.
Such grants shall be in the amount of $0.75 per student as
determined by the official enrollment as of the previous
September 30 of the respective school having a qualified
school library. If the moneys appropriated for grants under
this Section are not sufficient, the State Librarian shall
reduce the amount of the grants as necessary; in making these
reductions, the State Librarian shall endeavor to provide
each school district that has a qualifying school library (i)
at least the same amount per student as the district received
under this Section in the preceding fiscal year, and (ii) a
total grant of at least $100.
To qualify for grants under this Section, a school
library must:
(1) Be an entity which serves the basic information
and library needs of the school's employees and students
through a bibliographically organized collection of
library materials, has at least one employee whose
primary duty is to serve as a librarian, and has a
collection permanently supported financially, accessible
centrally, and occupying identifiable quarters in one
principal location.
(2) Meet the requirements for membership in a
library system under the provisions of this Act.
(3) Have applied for membership in the library
system of jurisdiction if the system is a multitype
library system under this Act.
(4) Provide, as mutually determined by the Illinois
State Librarian and the Illinois State Board of
Education, library services which either meet or show
progress toward meeting the Illinois school library
standards as most recently adopted by the Illinois School
Library Media Association.
(5) Submit a statement certifying that the
financial support for the school library or libraries of
the applying school district has been maintained
undiminished, or if diminished, the percentage of
diminution of financial support is no more than the
percentage of diminution of the applying school's total
financial support for educational and operations purposes
since the submission of the last previous application of
the school district for the school library per student
grant that was funded.
Grants under this Section shall be made only upon
application of the school district for its qualified school
library or school libraries.
(Source: P.A. 88-375.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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