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Public Act 92-0617
SB2135 Enrolled LRB9212996AGcs
AN ACT concerning the State Library.
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 7 and 21 as follows:
(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 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) 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.
(Source: P.A. 91-507, eff. 8-13-99; 92-16, eff. 6-28-01.)
(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. The State Librarian
shall set by rule the standard to be used for electronic data
exchange among State agencies and the State Library.
(b) For the purposes of this Section:
(1) "State agencies" means every State office, official,
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.
"Published material" means publications in print and
electronic formats duplicated by any means of duplication,
including material downloaded from a publicly accessible
electronic network. (3) "Printed material" means
publications duplicated by any and all methods of
duplication.
(c) (b) The State Librarian shall from time to time
provide a listing, electronically, in printed form, or in
both formats, of the publications received by him or her
under this Act.
(Source: P.A. 91-507, eff. 8-13-99.)
Passed in the General Assembly April 17, 2002.
Approved July 08, 2002.
Effective January 01, 2003.
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