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91_HB2164
LRB9103882DHmg
1 AN ACT to amend the State Library Act.
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 2, 5, 6, 7, 7.2, 8, 9, 10, 11, 12, 18, 19, and 21 as
6 follows:
7 (15 ILCS 320/2) (from Ch. 128, par. 102)
8 Sec. 2. Secretary of State is State Librarian. The
9 Secretary of State shall be the State Librarian of the State
10 Library, shall have the direction and control thereof, and he
11 such rules and regulations
15 in relation to library services, materials, and resources
16 the care, arrangement and use of books, maps, charts, papers,
17 furniture and other things belonging to the State Library as
18 he may deem proper. Any rule or regulation made or amended
19 hereunder shall be filed with the Office of Secretary of
20 State.
21 (Source: P.A. 77-1690.)
22 (15 ILCS 320/5) (from Ch. 128, par. 105)
23 Sec. 5. State Library Advisory Committee. There is hereby
24 created an Advisory Library Committee whose duty it shall be
25 to make recommendations concerning the policies, services,
26 and management of the State Library. The Advisory Committee
27 shall additionally advise the State Library in the
28 development of State and federal library plans; provide input
29 in addressing policies, issues, and activities for library
30 development and cooperation among different types of
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1 libraries; make recommendations concerning the evaluation of
2 statewide services; and address the use of technology to
3 expand access to information for the State's citizens.
4 The Committee shall consist of 20 persons appointed by
5 the State Librarian, and he may take into consideration the
6 recommendations of the Illinois Library Association and other
7 similar organizations. The appointments shall consist of the
8 following:
9 13 Library professionals broadly representative of
10 Illinois libraries (including academic, public, school, and
11 special libraries), library systems and other consortia
12 1--Educator in the library field;
13 1--Institutional Librarian;
14 1--Special Librarian;
15 2--School Librarians;
16 2--Academic Librarians;
17 6--Library Directors of Library Systems or Local Public
18 Libraries; and
19 7 citizens.
20 Additional persons may be made ex officio members of the
21 Committee, but without voting powers.
22 The Director of the State Library shall serve as
23 Secretary of the Committee but may vote only to break tie
24 votes.
25 The Advisory Committee shall elect its own chairman and
26 vice chairman and committee members shall serve without
27 compensation but may be reimbursed for expenses incurred as
28 members of the committee.
29 Each committee member shall serve for a term of 3 years,
30 or until his or her successor is appointed, and the State
31 Librarian may stagger the terms. No person shall serve for
32 more than 2 consecutive 3-year terms.
33 (Source: P.A. 84-444; 84-968.)
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1 (15 ILCS 320/6) (from Ch. 128, par. 106)
2 Sec. 6. Responsibilities and duties of the Committee. The
3 Advisory Committee has the responsibilities and duties to
4 make recommendations to the State Librarian as follows:
5 (a) General policies of the State Library;
6 (b) Budget policies to the State Librarian pertaining as
7 it pertains to the annual appropriations for the State
8 Library;
9 (c) Such Library standards for all public libraries
10 required by federal law or regulation to administer federal
11 aid;
12 (d) Policies of the State-funded library systems; and
13 (e) Policies of federally-funded library programs.
14 The committee may further assist in communicating the
15 goals, plans, policies, and work of the State Library to all
16 governmental officials and the general public.
17 (Source: P.A. 77-1690.)
18 (15 ILCS 320/7) (from Ch. 128, par. 107)
19 Sec. 7. Purposes Purpose of the State Library. The
20 Illinois State Library shall:
21 (a) Maintain a library for State officials and employees
22 of the State, consisting of especially of informational
23 material and resources pertaining to the phases of their work
24 , and serve as the State's library by extending its resources
25 to citizens of Illinois and to provide for them material for
26 general reading and study.
27 (b) Establish and operate a Governmental Research
28 Service of the Illinois State Library. This service shall
29 make available printed and other materials that pertain to
30 public and governmental affairs. State Officers, members of
31 the General Assembly, members of their staffs, and other
32 State employees shall have access to these materials.
33 (b)(c) Maintain and provide research library services
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1 for all State agencies.
2 (c)(d) Administer the Illinois Library System Act, as
3 amended.
4 (d)(e) Promote and administer the law relating to
5 Interstate Library Compacts.
6 (e) Enter into interagency agreements, pursuant to the
7 Intergovernmental Cooperation Act, including agreements to
8 promote access to information by Illinois students and the
9 general public.
10 (f) Function as a Research and Reference Center pursuant
11 to The Illinois Library System Act, as amended.
12 (f)(g) Promote and develop a cooperative library network
13 operating regionally or statewide for providing effective
14 coordination of the library resources of public, academic,
15 school, and special libraries, and to promote and develop
16 information centers for improved supplemental library
17 services for special library clientele served by each type of
18 library or center.
19 (g)(h) Administer grants of federal library funds
20 pursuant to federal law and requirements.
21 (i) Be a supplementary source through the State-funded
22 library systems for reading materials unavailable in the
23 local libraries.
24 (h)(j) Assist local libraries in their plans of
25 cooperation for better work and for library services in their
26 communities and to loan them books and other library
27 materials, including funding through the State-funded library
28 systems for the purpose of local library development and
29 networking in furtherance of this object.
30 (i)(k) Be ready to help Assist local library groups in
31 developing a programs program by which library services
32 service can be established and enhanced in areas without
33 those services arranged for in rural communities and rural
34 schools now without such service, and to develop standards
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1 for libraries.
2 (j)(l) Be a clearing house, in an advisory capacity, for
3 questions and problems pertaining to the administration and
4 functioning of public and school libraries in Illinois and to
5 publish booklets and pamphlets to implement this service.
6 (k)(m) To seek the opinion of the Attorney General for
7 legal questions pertaining to public libraries and their
8 function as governmental agencies.
9 (l)(n) Contract with any other library or library
10 organization agency to carry out the purposes of the State
11 Library. If any such contract requires payments by library
12 service users user libraries for goods and services, the
13 State Library may distribute billings from contractors to
14 applicable library users user libraries and may receive and
15 distribute payments from library users user libraries to
16 contractors. There is hereby created in the State Treasury
17 the Library Trust Fund, into which all moneys monies payable
18 to contractors which are received from users user libraries
19 under this paragraph (l)(n) shall be paid. The Treasurer
20 shall pay such funds to contractors at the direction of the
21 State Librarian.
22 (m)(o) Collect, Compile, preserve and publish public
23 library statistical information.
24 (n)(p) Compile and publish the annual report of local
25 public libraries and library systems submitted to the State
26 Librarian pursuant to law.
27 (o)(q) Conduct and arrange for library training programs
28 for library personnel, library directors and others involved
29 in library services.
30 (p)(r) Prepare Make and publish an annual report for
31 each fiscal year.
32 (s) (Blank).
33 (t) Create and maintain a State Government Report
34 Distribution Center for the General Assembly. The Center
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1 shall receive all reports required by law or resolution to be
2 filed with the General Assembly and shall furnish copies of
3 such reports without charge to members of the General
4 Assembly upon request. Before any report to the General
5 Assembly is printed or otherwise reproduced for distribution,
6 the person making such report shall inquire of the Center as
7 to the number of copies required for its purposes and that
8 number of copies, determined by the Center on the basis of
9 its experience, shall be supplied to the Center by the
10 reporting party on the same day on which the report is filed
11 with the Clerk of the House of Representatives and the
12 Secretary of the Senate as required by Section 3.1 of the
13 General Assembly Organization Act. This paragraph does not
14 affect the requirements of Section 21 of this Act relating to
15 the deposit of State publications with the State Library.
16 (q)(t-1) Make available to the public, by means of
17 access by way of the largest nonproprietary nonprofit
18 cooperative public computer network, certain records of State
19 agencies.
20 As used in this subdivision (q)(t-1), "State agencies"
21 means all officers, boards, commissions and agencies created
22 by the Constitution; all officers, departments, boards,
23 commissions, agencies, institutions, authorities,
24 universities, and bodies politic and corporate of the State;
25 administrative units or corporate outgrowths of the State
26 government which are created by or pursuant to statute, other
27 than units of local government and their officers, school
28 districts and boards of election commissioners; and all
29 administrative units and corporate outgrowths of the above
30 and as may be created by executive order of the Governor;
31 however, "State agencies" does not include any agency,
32 officer, or other entity of the judicial or legislative
33 branch.
34 As used in this subdivision (q)(t-1), "records" means
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1 public records, as defined in the Freedom of Information Act,
2 that are not exempt from inspection and copying under that
3 Act.
4 The State Librarian and each appropriate State agency
5 shall specify the types and categories of records that shall
6 be accessible through the public computer network and the
7 types and categories of records that shall be inaccessible.
8 Records currently held by a State agency and documents that
9 are required to be provided to the Illinois State Library in
10 accordance with Section 21 shall be provided to the Illinois
11 State Library in an appropriate electronic format when
12 feasible. The cost to each State agency of making records
13 accessible through the public computer network or of
14 providing records in an appropriate electronic format shall
15 be considered in making determinations regarding
16 accessibility.
17 As soon as possible and no later than 18 months after the
18 effective date of this amendatory Act of 1995, the types and
19 categories of information, specified by the State Librarian
20 and each appropriate State agency, shall be made available to
21 the public by means of access by way of the largest
22 nonproprietary, nonprofit cooperative public computer
23 network. The information shall be made available in one or
24 more formats and by one or more means in order to provide the
25 greatest feasible access to the general public in this State.
26 Any person who accesses the information may access all or any
27 part of the information. The information may also be made
28 available by any other means of access that would facilitate
29 public access to the information. The information shall be
30 made available in the shortest feasible time after it is
31 publicly available.
32 Any documentation that describes the electronic digital
33 formats of the information shall be made available by means
34 of access by way of the same public computer network.
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1 Personal information concerning a person who accesses the
2 information may be maintained only for the purpose of
3 providing service to the person.
4 The electronic public access provided by way of the
5 public computer network shall be in addition to other
6 electronic or print distribution of the information.
7 No action taken under this subdivision (q) (t-1) shall be
8 deemed to alter or relinquish any copyright or other
9 proprietary interest or entitlement of the State of Illinois
10 relating to any of the information made available under this
11 subdivision (q)(t-1).
12 (r)(u) Coordinate literacy programs for the Secretary of
13 State.
14 (v) Establish and maintain, directly or by contract, a
15 statewide system of direction services to provide information
16 about services for handicapped persons and their families.
17 Such information shall be maintained and available through a
18 computerized data base, which may include but not be limited
19 to the name, location, and a description of specific
20 education, social and medical services for handicapped
21 persons and their families that may be available from public
22 and private sources. Such services shall include efforts to
23 increase the awareness of handicapped persons and their
24 families about such services. For purposes of this
25 paragraph, "handicapped person" includes any person who is
26 handicapped within the meaning of the federal Education for
27 All Handicapped Children Act and the Rehabilitation Act of
28 1973, as amended, and any person with a developmental
29 disability as defined by the federal Developmental
30 Disabilities Assistance and Bill of Rights Act.
31 (s)(w) Establish and maintain an Office of Preservation
32 for the purpose of preserving the library and archival
33 resources in Illinois. The Office will Provide coordination
34 of statewide preservation planning, act as a focal point for
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1 preservation advocacy, assess statewide needs and establish
2 specific programs to meet those needs, and manage state funds
3 appropriated for preservation work relating to the
4 preservation of the library and archival resources of
5 Illinois.
6 (t) Create and maintain a State Government Report
7 Distribution Center for the General Assembly. The Center
8 shall receive all reports in all formats available required
9 by law or resolution to be filed with the General Assembly
10 and shall furnish copies of such reports on the same day on
11 which the report is filed with the Clerk of the House of
12 Representatives and the Secretary of the Senate, as required
13 by the General Assembly Organization Act, without charge to
14 members of the General Assembly upon request. This paragraph
15 does not affect the requirements of Section 21 of this Act
16 relating to the deposit of State publications with the State
17 library.
18 (Source: P.A. 88-45; 88-161; 88-670, eff. 12-2-94; 89-169,
19 eff. 7-19-95.)
20 (15 ILCS 320/7.2) (from Ch. 128, par. 107.2)
21 Sec. 7.2. Literacy Advisory Board. There is created a
22 Literacy Advisory Board, consisting of the Secretary of State
23 or his designee as chairperson, 2 members from the Illinois
24 State Library or their designees, 2 members from the Illinois
25 State Board of Education or their designees and 3 Illinois
26 citizens interested in the literacy issue, all appointed by
27 the Secretary of State. The Literacy Advisory Board shall
28 review community and workplace all proposals for funding of
29 literacy programs in Illinois submitted through the Office of
30 the Secretary of State and recommend to the Secretary of
31 State those deserving of funding. The Illinois State Library
32 may promulgate rules and regulations to establish standards
33 for literacy program funding criteria.
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1 (Source: P.A. 84-126; 84-444; 84-968.)
2 (15 ILCS 320/8) (from Ch. 128, par. 108)
3 Sec. 8. Catalog. The State Librarian or his or her
4 designee shall maintain prepare a catalog with containing
5 information pertaining to the collections of with respect to
6 items in the State Library. Such catalog to be similar to
7 those used in American libraries.
8 (Source: P.A. 77-1690.)
9 (15 ILCS 320/9) (from Ch. 128, par. 109)
10 Sec. 9. Ownership mark. The State Librarian will identify
11 shall cause each book in the State Library with an ownership
12 mark and those to be added to bear an ownership mark reading
13 "Illinois State Library" and such other official marks as are
14 commonly used in American libraries.
15 (Source: P.A. 77-1690.)
16 (15 ILCS 320/10) (from Ch. 128, par. 110)
17 Sec. 10. Users of the State Library. Books, other
18 reading materials and other library materials shall be loaned
19 and Library services shall be supplied to: State Officers and
20 Officials; members of the General Assembly and staff; State
21 agencies, bodies and commissions; State agency employes;
22 patrons of libraries with whom consortial agreements have
23 been established; and the general public.
24 Urban and rural schools not having school library
25 facilities or access to a State-funded library system;
26 Individuals living in communities without local library
27 service and without access to a State-funded library system;
28 Local public libraries where such loans or services are
29 not available or cannot be obtained as a State-funded library
30 system and to other individuals and study groups at the
31 discretion of the State Librarian.
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1 Any individual, study group, school, library or community
2 requesting books or other reading materials or other library
3 materials from the State Library must fill in an application
4 for this service, thereby becoming officially recorded as a
5 registered borrower of the State Library.
6 Registrants not requesting reading materials for three
7 consecutive years must renew their application before reading
8 materials can be loaned to them.
9 (Source: P.A. 78-255.)
10 (15 ILCS 320/11) (from Ch. 128, par. 111)
11 Sec. 11. Services of the State Library. Services
12 provided to users of the State Library include but are not
13 limited to circulation, reference, and interlibrary loan
14 Registry of library materials.
15 A record shall be kept of all books or other items loaned
16 by the Illinois State Library for such period and under such
17 regulations as determined by the State Librarian.
18 (a) Circulation.
19 (1) Library materials designated as
20 circulating shall be directly loaned on site to:
21 State officials; members of the General Assembly and
22 staff; State agency employees; individuals who hold
23 valid Illinois public library cards; individuals who
24 hold valid library cards from libraries with whom
25 consortial agreements have been reached that specify
26 reciprocal borrowing privileges; and other
27 individuals as specified by the State Librarian or
28 his or her designee.
29 (2) Any individual requesting circulation of
30 material from the State Library must fill in an
31 application for this service, thereby becoming
32 officially recorded as a registered borrower of the
33 State Library.
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1 (3) All requests for materials or information
2 will be kept confidential in accordance with the
3 Library Records Confidentiality Act.
4 (b) Reference.
5 (1) Instructions on how to use the library and
6 its resources are available to any patron.
7 (2) The quick provision of factual information
8 shall be provided to any individual.
9 (3) Provision of research assistance shall be
10 provided to officials and employees of State
11 government for work-related purposes.
12 (c) Interlibrary loan.
13 (1) Borrowing. Materials shall be borrowed
14 from other libraries on behalf of State officials,
15 members of the General Assembly and staff, and State
16 agency employees who are registered borrowers of the
17 State Library for their work-related needs. Any
18 fees for interlibrary loan lending shall be paid by
19 the requesting patron or agency.
20 (2) Lending. Circulating State Library
21 materials shall be loaned to other libraries that
22 request the materials on behalf of their patrons.
23 (Source: P.A. 77-1690.)
24 (15 ILCS 320/12) (from Ch. 128, par. 112)
25 Sec. 12. Replacement of library materials. If any Any
26 person who fails to return any borrowed book or other item
27 taken from the library within the time prescribed by the
28 State Librarian, or damages injures the item same, is
29 responsible for replacement or replacement costs, as
30 determined by the State Librarian or his or her designee he
31 shall be obliged to replace the said item, such replacement
32 item to be in new condition.
33 (Source: P.A. 77-1690.)
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1 (15 ILCS 320/18) (from Ch. 128, par. 118)
2 Sec. 18. Federal aid. The Secretary of State and State
3 Librarian is authorized and empowered to do all things
4 necessary and proper to fully cooperate with the United
5 States government Commissioner of Education in the
6 administering of any Act heretofore, or hereafter enacted for
7 the purpose of appropriation of funds for the payment of
8 salaries, library materials, access to electronic resources,
9 books, periodicals, library supplies, equipment, the
10 construction of library buildings, for the maintenance of the
11 expense of public library services throughout the State, and
12 for library services to for interlibrary cooperation for
13 library services to institutions operated or substantially
14 supported by the State of Illinois, and for library services
15 to the physically handicapped.
16 (Source: P.A. 77-1690.)
17 (15 ILCS 320/19) (from Ch. 128, par. 119)
18 Sec. 19. Reimbursement of federal funds for services.
19 When federal funds are expended to provide library services
20 to local libraries pursuant to the Federal Library Services
21 Act (Public law 597-84th Congress) and reimbursement is
22 received from such local libraries, the amount received as
23 reimbursement shall be returned be paid into the trust fund
24 in the State Treasury from which such expenditure was made.
25 (Source: P.A. 77-1690.)
26 (15 ILCS 320/21) (from Ch. 128, par. 121)
27 Sec. 21. Publications and lists; deposits by State
28 agencies.
29 (a) All State agencies shall provide and deposit with
30 the Illinois State Library sufficient copies of all
31 publications issued by such State agencies for its collection
32 and for exchange purposes. The State Librarian shall by rule
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1 or regulation specify the number of copies required and the
2 publications that must be deposited. The number of paper
3 copies of a publication that must be deposited may be reduced
4 if the documents are also submitted in an electric format
5 specified by the Illinois State Library.
6 For the purposes of this section:
7 (1) "State agencies" means every State office,
8 official officer, department, division, section, unit,
9 service, bureau, board, commission, committee, and
10 subdivision thereof of all branches of the State
11 government and which agencies expend appropriations of
12 State funds.
13 (2) "Publications" means any document, report,
14 directory, bibliography, rule, regulation, newsletter,
15 pamphlet, brochure, periodical or other printed material
16 paid for in whole or in part by funds appropriated by the
17 General Assembly or issued at the request of a State
18 agency, excepting however, correspondence, inter-office
19 memoranda, and confidential publications.
20 (3) "Printed material" means publications
21 duplicated by any and all methods of duplication.
22 (b) The State Librarian shall from time to time provide
23 publish a listing, electronically, in printed form, or in
24 both formats, of the publications received by him or her
25 under this Act.
26 (Source: P.A. 77-1690.)
27 (15 ILCS 320/4 rep.)
28 (15 ILCS 320/20 rep.)
29 Section 10. The State Library Act is amended by
30 repealing Sections 4 and 20.
31 Section 99. Effective date. This Act takes effect upon
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1 becoming law.