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[ Senate Amendment 001 ] |
91_HB2164enr HB2164 Enrolled LRB9103882DHmg 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, andhe11shall appoint a Director of the State Library and such other 12 subordinate officers, personnel, and other employees as may 13 be necessary to carry out the provisions of this Act. He or 14 she may make, amend, and enforcesuchrules and regulations 15 in relation to library services, materials, and resources 16the care, arrangement and use of books, maps, charts, papers,17furniture and other things belonging to the State Library as18he 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 HB2164 Enrolled -2- LRB9103882DHmg 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 the6recommendations of the Illinois Library Association and other7similar 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 121--Educator in the library field;131--Institutional Librarian;141--Special Librarian;152--School Librarians;162--Academic Librarians;176--Library Directors of Library Systems or Local Public18Libraries; 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.) HB2164 Enrolled -3- LRB9103882DHmg 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 pertainingas7it pertainsto the annual appropriations for the State 8 Library; 9 (c)SuchLibrary standards for allpubliclibraries 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. PurposesPurposeof the State Library. The 20 Illinois State Library shall: 21 (a) Maintain a library forStateofficials and employees 22 of the State, consisting ofespecially ofinformational 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 Illinoisand to provide for them material for26general reading and study. 27(b) Establish and operate a Governmental Research28Service of the Illinois State Library. This service shall29make available printed and other materials that pertain to30public and governmental affairs. State Officers, members of31the General Assembly, members of their staffs, and other32State employees shall have access to these materials.33 (b)(c)Maintain and provide research library services HB2164 Enrolled -4- LRB9103882DHmg 1 for all State agencies. 2 (c)(d)Administer the Illinois Library System Act, as3amended. 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 pursuant11to 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 develop16information centers for improved supplemental library17services for special library clientele served by each type of18library 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-funded22library systems for reading materials unavailable in the23local libraries.24 (h)(j)Assistlocallibraries in their plansof25cooperation for better work andfor library servicesin their26communities and to loan them books and other library27materials, including fundingthroughthe State-funded library 28 systems for the purpose of local library development and 29 networkingin furtherance of this object. 30 (i)(k) Be ready to helpAssist local library groups in 31 developingaprogramsprogramby which library services 32servicecan be established and enhanced in areas without 33 those servicesarranged for in rural communities and rural34schools now without such service, and to develop standardsHB2164 Enrolled -5- LRB9103882DHmg 1for libraries. 2 (j)(l)Be a clearing house, in an advisory capacity, for 3 questions and problems pertaining to the administration and 4 functioning ofpublic and schoollibraries 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 moneysmoniespayable 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)Compileand publishthe 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)PrepareMake and publishan annual report for 30 each fiscal year. 31(s) (Blank).32(t) Create and maintain a State Government Report33Distribution Center for the General Assembly. The Center34shall receive all reports required by law or resolution to beHB2164 Enrolled -6- LRB9103882DHmg 1filed with the General Assembly and shall furnish copies of2such reports without charge to members of the General3Assembly upon request. Before any report to the General4Assembly is printed or otherwise reproduced for distribution,5the person making such report shall inquire of the Center as6to the number of copies required for its purposes and that7number of copies, determined by the Center on the basis of8its experience, shall be supplied to the Center by the9reporting party on the same day on which the report is filed10with the Clerk of the House of Representatives and the11Secretary of the Senate as required by Section 3.1 of the12General Assembly Organization Act. This paragraph does not13affect the requirements of Section 21 of this Act relating to14the 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, HB2164 Enrolled -7- LRB9103882DHmg 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 HB2164 Enrolled -8- LRB9103882DHmg 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, a14statewide system of direction services to provide information15about services for handicapped persons and their families.16Such information shall be maintained and available through a17computerized data base, which may include but not be limited18to the name, location, and a description of specific19education, social and medical services for handicapped20persons and their families that may be available from public21and private sources. Such services shall include efforts to22increase the awareness of handicapped persons and their23families about such services. For purposes of this24paragraph, "handicapped person" includes any person who is25handicapped within the meaning of the federal Education for26All Handicapped Children Act and the Rehabilitation Act of271973, as amended, and any person with a developmental28disability as defined by the federal Developmental29Disabilities Assistance and Bill of Rights Act.30 (s)(w) Establish and maintain an Office of Preservation31for the purpose of preserving the library and archival32resources in Illinois. The Office willProvide coordination 33 of statewide preservation planning, act as a focal point for 34 preservation advocacy, assess statewide needs and establish HB2164 Enrolled -9- LRB9103882DHmg 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 workplaceallproposals 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.) HB2164 Enrolled -10- LRB9103882DHmg 1 (15 ILCS 320/8) (from Ch. 128, par. 108) 2 Sec. 8. Catalog. The State Librarian or his or her 3 designee shall maintainpreparea catalog withcontaining4 information pertaining to the collections ofwith respect to5items inthe State Library.Such catalog to be similar to6those 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 10shall causeeach book in the State Library with an ownership 11 markand those to be added to bear an ownership mark reading12"Illinois State Library" and such other official marks as are13commonly 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, other17reading materials and other library materials shall be loaned18andLibrary services shall be supplied to: State Officers and 19 Officials; members of the General Assembly and staff;State20agencies, bodies and commissions;State agency employes; 21 patrons of libraries with whom consortial agreements have 22 been established; and the general public. 23Urban and rural schools not having school library24facilities or access to a State-funded library system;25Individuals living in communities without local library26service and without access to a State-funded library system;27Local public libraries where such loans or services are28not available or cannot be obtained as a State-funded library29system and to other individuals and study groups at the30discretion of the State Librarian.31Any individual, study group, school, library or community32requesting books or other reading materials or other libraryHB2164 Enrolled -11- LRB9103882DHmg 1materials from the State Library must fill in an application2for this service, thereby becoming officially recorded as a3registered borrower of the State Library.4Registrants not requesting reading materials for three5consecutive years must renew their application before reading6materials 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 12Registry of library materials. 13A record shall be kept of all books or other items loaned14by the Illinois State Library for such period and under such15regulations 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 HB2164 Enrolled -12- LRB9103882DHmg 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 anyAny 24 person who fails to return any borrowedbook or otheritem 25taken from the librarywithin the time prescribed by the 26 State Librarian, or damagesinjuresthe itemsame, is 27 responsible for replacement or replacement costs, as 28 determined by the State Librarian or his or her designeehe29shall be obliged to replace the said item, such replacement30item to be in new condition. 31 (Source: P.A. 77-1690.) 32 (15 ILCS 320/18) (from Ch. 128, par. 118) HB2164 Enrolled -13- LRB9103882DHmg 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 governmentCommissioner of Educationin 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, 8books, periodicals,library supplies, equipment, the 9 construction of library buildings,for the maintenance of the10expense of publiclibrary services throughout the State, and 11 for library services tofor interlibrary cooperation for12library services to institutions operated or substantially13supported by the State of Illinois, and for library services14tothe physically handicapped. 15 (Source: P.A. 77-1690.) 16 (15 ILCS 320/19) (from Ch. 128, par. 119) 17 Sec. 19. Reimbursement of federal fundsfor services. 18 When federal funds are expended to provide library services 19 tolocallibrariespursuant to the Federal Library Services20Act (Public law 597-84th Congress)and reimbursement is 21 received from such local libraries, the amount received as 22 reimbursement shall be returnedbe paid into the trust fund23in 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 HB2164 Enrolled -14- LRB9103882DHmg 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 officialofficer, 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 22publisha 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: HB2164 Enrolled -15- LRB9103882DHmg 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 HB2164 Enrolled -16- LRB9103882DHmg 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.