State of Illinois
92nd General Assembly

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[ Senate Amendment 001 ]


SB2135 Enrolled                                LRB9212996AGcs

 1        AN ACT concerning the State Library.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The State Library Act is amended by changing
 5    Sections 7 and 21 as follows:

 6        (15 ILCS 320/7) (from Ch. 128, par. 107)
 7        Sec. 7.  Purposes of the  State  Library.   The  Illinois
 8    State Library shall:
 9        (a)  Maintain  a  library  for officials and employees of
10    the State, consisting of informational material and resources
11    pertaining to the phases of their  work,  and  serve  as  the
12    State's  library  by  extending  its resources to citizens of
13    Illinois.
14        (b)  Maintain and provide research library  services  for
15    all State agencies.
16        (c)  Administer the Illinois Library System Act.
17        (d)  Promote   and   administer   the   law  relating  to
18    Interstate Library Compacts.
19        (e)  Enter into interagency agreements, pursuant  to  the
20    Intergovernmental  Cooperation  Act,  including agreements to
21    promote access to information by Illinois  students  and  the
22    general public.
23        (f)  Promote  and  develop  a cooperative library network
24    operating regionally or  statewide  for  providing  effective
25    coordination  of  the  library resources of public, academic,
26    school, and special libraries.
27        (g)  Administer grants of federal library funds  pursuant
28    to federal law and requirements.
29        (h)  Assist   libraries   in   their  plans  for  library
30    services, including funding the State-funded library  systems
31    for the purpose of local library development and networking.
SB2135 Enrolled             -2-                LRB9212996AGcs
 1        (i)  Assist  local  library groups in developing programs
 2    by which library services can be established and enhanced  in
 3    areas without those services.
 4        (j)  Be  a  clearing  house, in an advisory capacity, for
 5    questions and problems pertaining to the  administration  and
 6    functioning  of libraries in Illinois and to publish booklets
 7    and pamphlets to implement this service.
 8        (k)  Seek the opinion of the Attorney General  for  legal
 9    questions  pertaining  to public libraries and their function
10    as governmental agencies.
11        (l)  Contract with any other library or library agency to
12    carry out the purposes of the State  Library.   If  any  such
13    contract  requires  payments  by user libraries for goods and
14    services, the State  Library  may  distribute  billings  from
15    contractors  to applicable user libraries and may receive and
16    distribute  payments  from  user  libraries  to  contractors.
17    There is hereby created in the  State  Treasury  the  Library
18    Trust  Fund,  into  which  all  moneys payable to contractors
19    which are received from user libraries under  this  paragraph
20    (l)  shall  be  paid.   The Treasurer shall pay such funds to
21    contractors at the direction of the State Librarian.
22        (m)  Compile,  preserve  and   publish   public   library
23    statistical information.
24        (n)  Compile  the annual report of local public libraries
25    and library systems submitted to the State Librarian pursuant
26    to law.
27        (o)  Conduct and arrange for  library  training  programs
28    for  library personnel, library directors and others involved
29    in library services.
30        (p)  Prepare an annual report for each fiscal year.
31        (q)  Make available to the public, by means of access  by
32    way  of  the  largest  nonproprietary  nonprofit  cooperative
33    public computer network, certain records of State agencies.
34        As  used  in this subdivision (q), "State agencies" means
SB2135 Enrolled             -3-                LRB9212996AGcs
 1    all officers, boards, commissions and agencies created by the
 2    Constitution; all officers, departments, boards, commissions,
 3    agencies, institutions, authorities, universities, and bodies
 4    politic and corporate of the State; administrative  units  or
 5    corporate  outgrowths  of  the  State  government  which  are
 6    created  by or pursuant to statute, other than units of local
 7    government and their officers, school districts and boards of
 8    election commissioners;  and  all  administrative  units  and
 9    corporate  outgrowths  of  the above and as may be created by
10    executive order of the Governor;  however,  "State  agencies"
11    does  not include any agency, officer, or other entity of the
12    judicial or legislative branch.
13        As used in this subdivision (q), "records"  means  public
14    records,  as  defined in the Freedom of Information Act, that
15    are not exempt from inspection and copying under that Act.
16        The State Librarian and  each  appropriate  State  agency
17    shall  specify the types and categories of records that shall
18    be accessible through the public  computer  network  and  the
19    types  and  categories of records that shall be inaccessible.
20    Records currently held by a State agency and  documents  that
21    are  required to be provided to the Illinois State Library in
22    accordance with Section 21 shall be provided to the  Illinois
23    State  Library  in  an  appropriate  electronic  format  when
24    feasible.   The  cost  to each State agency of making records
25    accessible  through  the  public  computer  network   or   of
26    providing  records  in an appropriate electronic format shall
27    be   considered   in    making    determinations    regarding
28    accessibility.
29        As soon as possible and no later than 18 months after the
30    effective  date of this amendatory Act of 1995, the types and
31    categories of information, specified by the  State  Librarian
32    and each appropriate State agency, shall be made available to
33    the  public  by  means  of  access  by  way  of  the  largest
34    nonproprietary,   nonprofit   cooperative   public   computer
SB2135 Enrolled             -4-                LRB9212996AGcs
 1    network.   The  information shall be made available in one or
 2    more formats and by one or more means in order to provide the
 3    greatest feasible access to the general public in this State.
 4    Any person who accesses the information may access all or any
 5    part of the information.  The information may  also  be  made
 6    available  by any other means of access that would facilitate
 7    public access to the information.  The information  shall  be
 8    made  available  in  the  shortest  feasible time after it is
 9    publicly available.
10        Any documentation that describes the  electronic  digital
11    formats  of  the information shall be made available by means
12    of access by way of the same public computer network.
13        Personal information concerning a person who accesses the
14    information  may  be  maintained  only  for  the  purpose  of
15    providing service to the person.
16        The electronic public  access  provided  by  way  of  the
17    public  computer  network  shall  be  in  addition  to  other
18    electronic or print distribution of the information.
19        No  action  taken  under  this  subdivision  (q) shall be
20    deemed  to  alter  or  relinquish  any  copyright  or   other
21    proprietary  interest or entitlement of the State of Illinois
22    relating to any of the information made available under  this
23    subdivision (q).
24        (r)  Coordinate  literacy  programs  for the Secretary of
25    State.
26        (s)  Provide  coordination  of   statewide   preservation
27    planning,  act  as  a  focal point for preservation advocacy,
28    assess statewide needs and  establish  specific  programs  to
29    meet  those  needs,  and  manage state funds appropriated for
30    preservation work relating to the preservation of the library
31    and archival resources of Illinois.
32        (t)  Create  and  maintain  a  State  Government   Report
33    Distribution  Center  for  the  General Assembly.  The Center
34    shall receive all reports in all formats  available  required
SB2135 Enrolled             -5-                LRB9212996AGcs
 1    by  law  or  resolution to be filed with the General Assembly
 2    and shall furnish copies of such reports on the same  day  on
 3    which  the  report  is  filed  with the Clerk of the House of
 4    Representatives and the Secretary of the Senate, as  required
 5    by  the  General Assembly Organization Act, without charge to
 6    members of the General Assembly upon request.  This paragraph
 7    does not affect the requirements of Section 21  of  this  Act
 8    relating  to the deposit of State publications with the State
 9    library.
10    (Source: P.A. 91-507, eff. 8-13-99; 92-16, eff. 6-28-01.)

11        (15 ILCS 320/21) (from Ch. 128, par. 121)
12        Sec.  21.  Publications  and  lists;  deposits  by  State
13    agencies.
14        (a)  All State agencies shall provide  and  deposit  with
15    the   Illinois   State   Library  sufficient  copies  of  all
16    publications issued by such State agencies for its collection
17    and for exchange purposes. The State Librarian shall by  rule
18    or  regulation  specify the number of copies required and the
19    publications that must be deposited.   The  number  of  paper
20    copies of a publication that must be deposited may be reduced
21    if  the  documents  are  also submitted in an electric format
22    specified by the Illinois State Library.  The State Librarian
23    shall set by rule the standard to be used for electronic data
24    exchange among State agencies and the State Library.
25        (b) For the purposes of this Section:
26        (1) "State agencies" means every State office,  official,
27    department,  division, section, unit, service, bureau, board,
28    commission,  committee,  and  subdivision  thereof   of   all
29    branches  of  the  State government and which agencies expend
30    appropriations of State funds.
31        (2) "Publications" means any document, report, directory,
32    bibliography,   rule,   regulation,   newsletter,   pamphlet,
33    brochure, periodical or other printed material  paid  for  in
SB2135 Enrolled             -6-                LRB9212996AGcs
 1    whole  or  in  part  by  funds  appropriated  by  the General
 2    Assembly  or  issued  at  the  request  of  a  State  agency,
 3    excepting however,  correspondence,  inter-office  memoranda,
 4    and confidential publications.
 5        "Published  material"  means  publications  in  print and
 6    electronic formats duplicated by any  means  of  duplication,
 7    including  material  downloaded  from  a  publicly accessible
 8    electronic    network.    (3)  "Printed    material"    means
 9    publications  duplicated  by   any   and   all   methods   of
10    duplication.
11        (c)  (b)  The  State  Librarian  shall  from time to time
12    provide a listing, electronically, in  printed  form,  or  in
13    both  formats,  of  the  publications  received by him or her
14    under this Act.
15    (Source: P.A. 91-507, eff. 8-13-99.)

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