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| [ Senate Amendment 001 ] |
92_SB2135eng SB2135 Engrossed 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 Engrossed -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 Engrossed -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 formatwhen24feasible. 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 Engrossed -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 Engrossed -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 Engrossed -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" means9publications duplicated by any and all methods of10duplication.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.)