HB4092 102ND GENERAL ASSEMBLY

LRB102 18591 RJF 26909 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4092

Introduced 5/25/2021, by Rep. William Davis

SYNOPSIS AS INTRODUCED:

15 ILCS 320/3	from Ch. 128, par. 103
15 ILCS 320/7	from Ch. 128, par. 107

Amends the State Library Act. Provides that it is the policy of the State of Illinois to provide direct library services, particularly for electronic or digital resources, for all Illinois residents on a State level, as well as to promote, support, implement, and maintain library services for all State officers, offices, the General Assembly, the judiciary, and all State agencies, bodies, and commissions. Adds to the purposes of the State Library concerning the availability of digital or electronic resources and the availability of direct library services to residents served by local libraries with lower per capita budgets than the State average and in consideration of diversity, equity, inclusion, and accessibility of such residents. Makes other changes. Effective January 1, 2023.

A BILL FOR

AN ACT concerning State government.

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 3 and 7 as follows:

(15 ILCS 320/3) (from Ch. 128, par. 103)

Sec. 3. Declaration of policy-State Library.

It is the policy of the State of Illinois to provide direct library services, particularly for electronic or digital resources, for all Illinois residents on a State level, as well as to promote, support, implement, and maintain library services for all State officers, offices, the General Assembly, the judiciary, and all State agencies, bodies, and commissions. Direct library services, particularly for electronic or digital resources, will enhance the cultural, educational, and economic development of Illinois residents and will help bring greater equity to residents served by local libraries with fewer resources that cannot procure as large of a collection as local libraries with greater resources. It is the policy of the State of Illinois, to promote, support, implement and maintain library services on a State level for all State Officers, Offices, the General Assembly, the Judiciary and all State agencies, bodies and commissions, and to promote, support and implement library services on a statewide basis. It is the responsibility of government at all levels to promote, support, implement and maintain library services for the cultural, educational and economic development of the State of Illinois and of the inhabitants of the State of Illinois.

(Source: P.A. 77-1690.)

(15 ILCS 320/7) (from Ch. 128, par. 107)

Sec. 7. Purposes of the State Library. The Illinois State Library shall:

(a) Maintain a library for officials and employees of the State, consisting 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.

(b) Maintain and provide research library services for all State agencies.

(c) Administer the Illinois Library System Act.

(d) 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) 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.

(g) Administer grants of federal library funds pursuant to federal law and requirements.

(h) Assist libraries in their plans for library services, including funding the State-funded library systems for the purpose of local library development and networking.

(i) Assist local library groups in developing programs by which library services can be established and enhanced in areas without those services.

(j) Be a clearing house, in an advisory capacity, for questions and problems pertaining to the administration and functioning of libraries in Illinois and to publish booklets and pamphlets to implement this service.

(k) Seek the opinion of the Attorney General for legal questions pertaining to public libraries and their function as governmental agencies.

(l) 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 payable to contractors which are received from user libraries under this paragraph (l) shall be paid. The Treasurer shall pay such funds to contractors at the direction of the State Librarian.

(m) Compile, preserve and publish public library statistical information.

(n) Compile the annual report of local public libraries and library systems submitted to the State Librarian pursuant to law.

(o) Conduct and arrange for library training programs for library personnel, library directors and others involved in library services.

(p) Prepare an annual report for each fiscal year.

(q) 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), "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), "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. 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) 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).

(r) Coordinate literacy programs for the Secretary of State.

(s) 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.

(u) Make available to any Illinois resident with a driver's license, State identification, or public school, college, or university identification access to the digital or electronic resources in the library's collection. These existing identification cards shall be considered library cards for purposes of issuing access to digital or electronic resources in the library's collection.

(v) The library shall negotiate with providers of digital or electronic resources by licensing or procuring as many resources as possible in large quantities for direct service to Illinois residents. The library shall offer to purchase or procure electronic or digital resources on behalf of public school and university libraries to secure the best possible price in order to support library systems in Illinois.

(w) The library shall make a special effort to offer direct library services to residents served by local libraries with lower per capita budgets than the State average and consider diversity, equity, inclusion, and accessibility as core values in offering direct library services to Illinois residents.

(Source: P.A. 91-507, eff. 8-13-99; 92-16, eff. 6-28-01; 92-617, eff. 1-1-03.)

Section 99. Effective date. This Act takes effect January 1, 2023.