HB1365eng 99TH GENERAL ASSEMBLY

HB1365 Engrossed LRB099 05786 JLK 25830 b

AN ACT concerning State government.

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 Section 7 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. 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 electronic format 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. The Center shall also make paper copies of reports received under this subsection (t) available 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; 92-617, eff. 1-1-03.)

Section 10. The General Assembly Organization Act is amended by changing Section 3.1 as follows:

(25 ILCS 5/3.1) (from Ch. 63, par. 3.1)

Sec. 3.1. Whenever any law or resolution requires a report to the General Assembly, that reporting requirement shall be satisfied by filing one electronic copy of the report with each of the following: the Speaker, the Minority Leader and the Clerk of the House of Representatives and the President, the Minority Leader and the Secretary of the Senate and the Legislative Research Unit. In addition, the reporting entity must make a copy of the report available for a reasonable time on its Internet site or on the Internet site of the public entity that hosts the reporting entity's World Wide Web page, if any. The reporting entity must also make paper copies of the report available upon request. Additional electronic copies shall be filed with the State Government Report Distribution Center for the General Assembly as required under paragraph (t) of Section 7 of the State Library Act.

(Source: P.A. 94-565, eff. 1-1-06.)