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91_HB2164enr
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1 AN ACT concerning libraries.
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 agency
10 to carry out the purposes of the State Library. If any such
11 contract requires payments by user libraries for goods and
12 services, the State Library may distribute billings from
13 contractors to applicable user libraries and may receive and
14 distribute payments from user libraries to contractors.
15 There is hereby created in the State Treasury the Library
16 Trust Fund, into which all moneys monies payable to
17 contractors which are received from user libraries under this
18 paragraph (l) (n) shall be paid. The Treasurer shall pay
19 such funds to contractors at the direction of the State
20 Librarian.
21 (m)(o) Collect, Compile, preserve and publish public
22 library statistical information.
23 (n)(p) Compile and publish the annual report of local
24 public libraries and library systems submitted to the State
25 Librarian pursuant to law.
26 (o)(q) Conduct and arrange for library training programs
27 for library personnel, library directors and others involved
28 in library services.
29 (p)(r) Prepare Make and publish an annual report for
30 each fiscal year.
31 (s) (Blank).
32 (t) Create and maintain a State Government Report
33 Distribution Center for the General Assembly. The Center
34 shall receive all reports required by law or resolution to be
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1 filed with the General Assembly and shall furnish copies of
2 such reports without charge to members of the General
3 Assembly upon request. Before any report to the General
4 Assembly is printed or otherwise reproduced for distribution,
5 the person making such report shall inquire of the Center as
6 to the number of copies required for its purposes and that
7 number of copies, determined by the Center on the basis of
8 its experience, shall be supplied to the Center by the
9 reporting party on the same day on which the report is filed
10 with the Clerk of the House of Representatives and the
11 Secretary of the Senate as required by Section 3.1 of the
12 General Assembly Organization Act. This paragraph does not
13 affect the requirements of Section 21 of this Act relating to
14 the deposit of State publications with the State Library.
15 (q)(t-1) Make available to the public, by means of
16 access by way of the largest nonproprietary nonprofit
17 cooperative public computer network, certain records of State
18 agencies.
19 As used in this subdivision (q)(t-1), "State agencies"
20 means all officers, boards, commissions and agencies created
21 by the Constitution; all officers, departments, boards,
22 commissions, agencies, institutions, authorities,
23 universities, and bodies politic and corporate of the State;
24 administrative units or corporate outgrowths of the State
25 government which are created by or pursuant to statute, other
26 than units of local government and their officers, school
27 districts and boards of election commissioners; and all
28 administrative units and corporate outgrowths of the above
29 and as may be created by executive order of the Governor;
30 however, "State agencies" does not include any agency,
31 officer, or other entity of the judicial or legislative
32 branch.
33 As used in this subdivision (q)(t-1), "records" means
34 public records, as defined in the Freedom of Information Act,
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1 that are not exempt from inspection and copying under that
2 Act.
3 The State Librarian and each appropriate State agency
4 shall specify the types and categories of records that shall
5 be accessible through the public computer network and the
6 types and categories of records that shall be inaccessible.
7 Records currently held by a State agency and documents that
8 are required to be provided to the Illinois State Library in
9 accordance with Section 21 shall be provided to the Illinois
10 State Library in an appropriate electronic format when
11 feasible. The cost to each State agency of making records
12 accessible through the public computer network or of
13 providing records in an appropriate electronic format shall
14 be considered in making determinations regarding
15 accessibility.
16 As soon as possible and no later than 18 months after the
17 effective date of this amendatory Act of 1995, the types and
18 categories of information, specified by the State Librarian
19 and each appropriate State agency, shall be made available to
20 the public by means of access by way of the largest
21 nonproprietary, nonprofit cooperative public computer
22 network. The information shall be made available in one or
23 more formats and by one or more means in order to provide the
24 greatest feasible access to the general public in this State.
25 Any person who accesses the information may access all or any
26 part of the information. The information may also be made
27 available by any other means of access that would facilitate
28 public access to the information. The information shall be
29 made available in the shortest feasible time after it is
30 publicly available.
31 Any documentation that describes the electronic digital
32 formats of the information shall be made available by means
33 of access by way of the same public computer network.
34 Personal information concerning a person who accesses the
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1 information may be maintained only for the purpose of
2 providing service to the person.
3 The electronic public access provided by way of the
4 public computer network shall be in addition to other
5 electronic or print distribution of the information.
6 No action taken under this subdivision (q) (t-1) shall be
7 deemed to alter or relinquish any copyright or other
8 proprietary interest or entitlement of the State of Illinois
9 relating to any of the information made available under this
10 subdivision (q)(t-1).
11 (r)(u) Coordinate literacy programs for the Secretary of
12 State.
13 (v) Establish and maintain, directly or by contract, a
14 statewide system of direction services to provide information
15 about services for handicapped persons and their families.
16 Such information shall be maintained and available through a
17 computerized data base, which may include but not be limited
18 to the name, location, and a description of specific
19 education, social and medical services for handicapped
20 persons and their families that may be available from public
21 and private sources. Such services shall include efforts to
22 increase the awareness of handicapped persons and their
23 families about such services. For purposes of this
24 paragraph, "handicapped person" includes any person who is
25 handicapped within the meaning of the federal Education for
26 All Handicapped Children Act and the Rehabilitation Act of
27 1973, as amended, and any person with a developmental
28 disability as defined by the federal Developmental
29 Disabilities Assistance and Bill of Rights Act.
30 (s)(w) Establish and maintain an Office of Preservation
31 for the purpose of preserving the library and archival
32 resources in Illinois. The Office will Provide coordination
33 of statewide preservation planning, act as a focal point for
34 preservation advocacy, assess statewide needs and establish
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1 specific programs to meet those needs, and manage state funds
2 appropriated for preservation work relating to the
3 preservation of the library and archival resources of
4 Illinois.
5 (t) Create and maintain a State Government Report
6 Distribution Center for the General Assembly. The Center
7 shall receive all reports in all formats available required
8 by law or resolution to be filed with the General Assembly
9 and shall furnish copies of such reports on the same day on
10 which the report is filed with the Clerk of the House of
11 Representatives and the Secretary of the Senate, as required
12 by the General Assembly Organization Act, without charge to
13 members of the General Assembly upon request. This paragraph
14 does not affect the requirements of Section 21 of this Act
15 relating to the deposit of State publications with the State
16 library.
17 (Source: P.A. 88-45; 88-161; 88-670, eff. 12-2-94; 89-169,
18 eff. 7-19-95.)
19 (15 ILCS 320/7.2) (from Ch. 128, par. 107.2)
20 Sec. 7.2. Literacy Advisory Board. There is created a
21 Literacy Advisory Board, consisting of the Secretary of State
22 or his designee as chairperson, 2 members from the Illinois
23 State Library or their designees, 2 members from the Illinois
24 State Board of Education or their designees and 3 Illinois
25 citizens interested in the literacy issue, all appointed by
26 the Secretary of State. The Literacy Advisory Board shall
27 review community and workplace all proposals for funding of
28 literacy programs in Illinois submitted through the Office of
29 the Secretary of State and recommend to the Secretary of
30 State those deserving of funding. The Illinois State Library
31 may promulgate rules and regulations to establish standards
32 for literacy program funding criteria.
33 (Source: P.A. 84-126; 84-444; 84-968.)
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1 (15 ILCS 320/8) (from Ch. 128, par. 108)
2 Sec. 8. Catalog. The State Librarian or his or her
3 designee shall maintain prepare a catalog with containing
4 information pertaining to the collections of with respect to
5 items in the State Library. Such catalog to be similar to
6 those used in American libraries.
7 (Source: P.A. 77-1690.)
8 (15 ILCS 320/9) (from Ch. 128, par. 109)
9 Sec. 9. Ownership mark. The State Librarian will identify
10 shall cause each book in the State Library with an ownership
11 mark and those to be added to bear an ownership mark reading
12 "Illinois State Library" and such other official marks as are
13 commonly used in American libraries.
14 (Source: P.A. 77-1690.)
15 (15 ILCS 320/10) (from Ch. 128, par. 110)
16 Sec. 10. Users of the State Library. Books, other
17 reading materials and other library materials shall be loaned
18 and Library services shall be supplied to: State Officers and
19 Officials; members of the General Assembly and staff; State
20 agencies, bodies and commissions; State agency employes;
21 patrons of libraries with whom consortial agreements have
22 been established; and the general public.
23 Urban and rural schools not having school library
24 facilities or access to a State-funded library system;
25 Individuals living in communities without local library
26 service and without access to a State-funded library system;
27 Local public libraries where such loans or services are
28 not available or cannot be obtained as a State-funded library
29 system and to other individuals and study groups at the
30 discretion of the State Librarian.
31 Any individual, study group, school, library or community
32 requesting books or other reading materials or other library
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1 materials from the State Library must fill in an application
2 for this service, thereby becoming officially recorded as a
3 registered borrower of the State Library.
4 Registrants not requesting reading materials for three
5 consecutive years must renew their application before reading
6 materials can be loaned to them.
7 (Source: P.A. 78-255.)
8 (15 ILCS 320/11) (from Ch. 128, par. 111)
9 Sec. 11. Services of the State Library. Services
10 provided to users of the State Library include but are not
11 limited to circulation, reference, and interlibrary loan
12 Registry of library materials.
13 A record shall be kept of all books or other items loaned
14 by the Illinois State Library for such period and under such
15 regulations as determined by the State Librarian.
16 (a) Circulation.
17 (1) Library materials designated as
18 circulating shall be directly loaned on site to:
19 State officials; members of the General Assembly and
20 staff; State agency employees; individuals who hold
21 valid Illinois public library cards; individuals who
22 hold valid library cards from libraries with whom
23 consortial agreements have been reached that specify
24 reciprocal borrowing privileges; and other
25 individuals as specified by the State Librarian or
26 his or her designee.
27 (2) Any individual requesting circulation of
28 material from the State Library must fill in an
29 application for this service, thereby becoming
30 officially recorded as a registered borrower of the
31 State Library.
32 (3) All requests for materials or information
33 will be kept confidential in accordance with the
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1 Library Records Confidentiality Act.
2 (b) Reference.
3 (1) Instructions on how to use the library and
4 its resources are available to any patron.
5 (2) The quick provision of factual information
6 shall be provided to any individual.
7 (3) Provision of research assistance shall be
8 provided to officials and employees of State
9 government for work-related purposes.
10 (c) Interlibrary loan.
11 (1) Borrowing. Materials shall be borrowed
12 from other libraries on behalf of State officials,
13 members of the General Assembly and staff, and State
14 agency employees who are registered borrowers of the
15 State Library for their work-related needs. Any
16 fees for interlibrary loan lending shall be paid by
17 the requesting patron or agency.
18 (2) Lending. Circulating State Library
19 materials shall be loaned to other libraries that
20 request the materials on behalf of their patrons.
21 (Source: P.A. 77-1690.)
22 (15 ILCS 320/12) (from Ch. 128, par. 112)
23 Sec. 12. Replacement of library materials. If any Any
24 person who fails to return any borrowed book or other item
25 taken from the library within the time prescribed by the
26 State Librarian, or damages injures the item same, is
27 responsible for replacement or replacement costs, as
28 determined by the State Librarian or his or her designee he
29 shall be obliged to replace the said item, such replacement
30 item to be in new condition.
31 (Source: P.A. 77-1690.)
32 (15 ILCS 320/18) (from Ch. 128, par. 118)
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1 Sec. 18. Federal aid. The Secretary of State and State
2 Librarian is authorized and empowered to do all things
3 necessary and proper to fully cooperate with the United
4 States government Commissioner of Education in the
5 administering of any Act heretofore, or hereafter enacted for
6 the purpose of appropriation of funds for the payment of
7 salaries, library materials, access to electronic resources,
8 books, periodicals, library supplies, equipment, the
9 construction of library buildings, for the maintenance of the
10 expense of public library services throughout the State, and
11 for library services to for interlibrary cooperation for
12 library services to institutions operated or substantially
13 supported by the State of Illinois, and for library services
14 to the physically handicapped.
15 (Source: P.A. 77-1690.)
16 (15 ILCS 320/19) (from Ch. 128, par. 119)
17 Sec. 19. Reimbursement of federal funds for services.
18 When federal funds are expended to provide library services
19 to local libraries pursuant to the Federal Library Services
20 Act (Public law 597-84th Congress) and reimbursement is
21 received from such local libraries, the amount received as
22 reimbursement shall be returned be paid into the trust fund
23 in the State Treasury from which such expenditure was made.
24 (Source: P.A. 77-1690.)
25 (15 ILCS 320/21) (from Ch. 128, par. 121)
26 Sec. 21. Publications and lists; deposits by State
27 agencies.
28 (a) All State agencies shall provide and deposit with
29 the Illinois State Library sufficient copies of all
30 publications issued by such State agencies for its collection
31 and for exchange purposes. The State Librarian shall by rule
32 or regulation specify the number of copies required and the
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1 publications that must be deposited. The number of paper
2 copies of a publication that must be deposited may be reduced
3 if the documents are also submitted in an electric format
4 specified by the Illinois State Library.
5 For the purposes of this section:
6 (1) "State agencies" means every State office,
7 official officer, department, division, section, unit,
8 service, bureau, board, commission, committee, and
9 subdivision thereof of all branches of the State
10 government and which agencies expend appropriations of
11 State funds.
12 (2) "Publications" means any document, report,
13 directory, bibliography, rule, regulation, newsletter,
14 pamphlet, brochure, periodical or other printed material
15 paid for in whole or in part by funds appropriated by the
16 General Assembly or issued at the request of a State
17 agency, excepting however, correspondence, inter-office
18 memoranda, and confidential publications.
19 (3) "Printed material" means publications
20 duplicated by any and all methods of duplication.
21 (b) The State Librarian shall from time to time provide
22 publish a listing, electronically, in printed form, or in
23 both formats, of the publications received by him or her
24 under this Act.
25 (Source: P.A. 77-1690.)
26 (15 ILCS 320/4 rep.)
27 (15 ILCS 320/20 rep.)
28 Section 10. The State Library Act is amended by
29 repealing Sections 4 and 20.
30 Section 15. The Illinois Library System Act is amended
31 by changing Section 8.4 as follows:
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1 (75 ILCS 10/8.4) (from Ch. 81, par. 118.4)
2 Sec. 8.4. School library grants. Beginning July 1,
3 1989, the State Librarian shall make grants annually under
4 this Section to all school districts in the State for the
5 establishment and operation of qualified school libraries, or
6 the additional support of existing qualified school
7 libraries, from funds appropriated by the General Assembly.
8 Such grants shall be in the amount of $0.75 per student as
9 determined by the official enrollment as of the previous
10 September 30 of the respective school having a qualified
11 school library. If the moneys appropriated for grants under
12 this Section are not sufficient, the State Librarian shall
13 reduce the amount of the grants as necessary; in making these
14 reductions, the State Librarian shall endeavor to provide
15 each school district that has a qualifying school library (i)
16 at least the same amount per student as the district received
17 under this Section in the preceding fiscal year, and (ii) a
18 total grant of at least $100.
19 To qualify for grants under this Section, a school
20 library must:
21 (1) Be an entity which serves the basic information
22 and library needs of the school's employees and students
23 through a bibliographically organized collection of
24 library materials, has at least one employee whose
25 primary duty is to serve as a librarian, and has a
26 collection permanently supported financially, accessible
27 centrally, and occupying identifiable quarters in one
28 principal location.
29 (2) Meet the requirements for membership in a
30 library system under the provisions of this Act.
31 (3) Have applied for membership in the library
32 system of jurisdiction if the system is a multitype
33 library system under this Act.
34 (4) Provide, as mutually determined by the Illinois
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1 State Librarian and the Illinois State Board of
2 Education, library services which either meet or show
3 progress toward meeting the Illinois school library
4 standards as most recently adopted by the Illinois School
5 Library Media Association.
6 (5) Submit a statement certifying that the
7 financial support for the school library or libraries of
8 the applying school district has been maintained
9 undiminished, or if diminished, the percentage of
10 diminution of financial support is no more than the
11 percentage of diminution of the applying school's total
12 financial support for educational and operations purposes
13 since the submission of the last previous application of
14 the school district for the school library per student
15 grant that was funded.
16 Grants under this Section shall be made only upon
17 application of the school district for its qualified school
18 library or school libraries.
19 (Source: P.A. 88-375.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.
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