State Library Act.

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(15 ILCS 320/1) (from Ch. 128, par. 101)

Sec. 1. Short title. This Act may be cited as the State Library Act.

(Source: P.A. 86-1475.)

 

(15 ILCS 320/2) (from Ch. 128, par. 102)

Sec. 2. Secretary of State is State Librarian. The Secretary of State shall be the State Librarian of the State Library, shall have the direction and control thereof, and shall appoint a Director of the State Library and such other subordinate officers, personnel, and other employees as may be necessary to carry out the provisions of this Act. He or she may make, amend, and enforce rules and regulations in relation to library services, materials, and resources. Any rule or regulation made or amended hereunder shall be filed with the Office of Secretary of State.

(Source: P.A. 91-507, eff. 8-13-99.)

 

(15 ILCS 320/3) (from Ch. 128, par. 103)

Sec. 3. Declaration of policy-State Library.

It is the policy of the State of Illinois, to promote, support, implement and maintain library services on a State level for all State Officers, Offices, the General Assembly, the Judiciary and all State agencies, bodies and commissions, and to promote, support and implement library services on a statewide basis. It is the responsibility of government at all levels to promote, support, implement and maintain library services for the cultural, educational and economic development of the State of Illinois and of the inhabitants of the State of Illinois.

(Source: P.A. 77-1690.)

 

(15 ILCS 320/4) (from Ch. 128, par. 104)

Sec. 4. (Repealed).

(Source: P.A. 90-655, eff. 7-30-98. Repealed by P.A. 91-507, eff. 8-13-99.)

 

(15 ILCS 320/5) (from Ch. 128, par. 105)

Sec. 5. State Library Advisory Committee. There is hereby created an Advisory Library Committee whose duty it shall be to make recommendations concerning the policies, services, and management of the State Library. The Advisory Committee shall additionally advise the State Library in the development of State and federal library plans; provide input in addressing policies, issues, and activities for library development and cooperation among different types of libraries; make recommendations concerning the evaluation of statewide services; and address the use of technology to expand access to information for the State's citizens.

The Committee shall consist of 20 persons appointed by the State Librarian. The appointments shall consist of the following:

13 Library professionals broadly representative of Illinois libraries (including academic, public, school, and special libraries), library systems and other consortia; and

7 citizens.

Additional persons may be made ex officio members of the Committee, but without voting powers.

The Director of the State Library shall serve as Secretary of the Committee but may vote only to break tie votes.

The Advisory Committee shall elect its own chairman and vice chairman and committee members shall serve without compensation but may be reimbursed for expenses incurred as members of the committee.

Each committee member shall serve for a term of 3 years, or until his or her successor is appointed, and the State Librarian may stagger the terms. No person shall serve for more than 2 consecutive 3-year terms.

(Source: P.A. 91-507, eff. 8-13-99.)

 

(15 ILCS 320/6) (from Ch. 128, par. 106)

Sec. 6. Responsibilities and duties of the Committee. The Advisory Committee has the responsibilities and duties to make recommendations to the State Librarian as follows:

(a) General policies of the State Library;

(b) Budget policies to the State Librarian pertaining to the annual appropriations for the State Library;

(c) Library standards for all libraries required by federal law or regulation to administer federal aid;

(d) Policies of the State-funded library systems; and

(e) Policies of federally-funded library programs.

The committee may further assist in communicating the goals, plans, policies, and work of the State Library to all governmental officials and the general public.

(Source: P.A. 91-507, eff. 8-13-99.)

 

(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 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; 92-617, eff. 1-1-03.)

 

(15 ILCS 320/7.2) (from Ch. 128, par. 107.2)

Sec. 7.2. Literacy Advisory Board. There is created a Literacy Advisory Board, consisting of the Secretary of State or his designee as chairperson, 2 members from the Illinois State Library or their designees, 2 members from the Illinois State Board of Education or their designees and 3 Illinois citizens interested in the literacy issue, all appointed by the Secretary of State. The Literacy Advisory Board shall review community and workplace proposals for funding of literacy programs in Illinois submitted through the Office of the Secretary of State and recommend to the Secretary of State those deserving of funding. The Illinois State Library may promulgate rules and regulations to establish standards for literacy program funding criteria.

(Source: P.A. 91-507, eff. 8-13-99.)

 

(15 ILCS 320/8) (from Ch. 128, par. 108)

Sec. 8. Catalog. The State Librarian or his or her designee shall maintain a catalog with information pertaining to the collections of the State Library.

(Source: P.A. 91-507, eff. 8-13-99.)

 

(15 ILCS 320/9) (from Ch. 128, par. 109)

Sec. 9. Ownership mark. The State Librarian will identify each book in the State Library with an ownership mark.

(Source: P.A. 91-507, eff. 8-13-99.)

 

(15 ILCS 320/10) (from Ch. 128, par. 110)

Sec. 10. Users of the State Library. Library services shall be supplied to: State Officers and Officials; members of the General Assembly and staff; State agency employes; patrons of libraries with whom consortial agreements have been established; and the general public.

(Source: P.A. 91-507, eff. 8-13-99.)

 

(15 ILCS 320/11) (from Ch. 128, par. 111)

Sec. 11. Services of the State Library. Services provided to users of the State Library include but are not limited to circulation, reference, and interlibrary loan.

  • (a) Circulation.
    • (1) Library materials designated as circulating shall be directly loaned on site to: State officials; members of the General Assembly and staff; State agency employees; individuals who hold valid Illinois public library cards; individuals who hold valid library cards from libraries with whom consortial agreements have been reached that specify reciprocal borrowing privileges; and other individuals as specified by the State Librarian or his or her designee.
    • (2) Any individual requesting circulation of material from the State Library must fill in an application for this service, thereby becoming officially recorded as a registered borrower of the State Library.
    • (3) All requests for materials or information will be kept confidential in accordance with the Library Records Confidentiality Act.
  • (b) Reference.
    • (1) Instructions on how to use the library and its resources are available to any patron.
    • (2) The quick provision of factual information shall be provided to any individual.
    • (3) Provision of research assistance shall be provided to officials and employees of State government for work-related purposes.
  • (c) Interlibrary loan.
    • (1) Borrowing. Materials shall be borrowed from other libraries on behalf of State officials, members of the General Assembly and staff, and State agency employees who are registered borrowers of the State Library for their work-related needs. Any fees for interlibrary loan lending shall be paid by the requesting patron or agency.
    • (2) Lending. Circulating State Library materials shall be loaned to other libraries that request the materials on behalf of their patrons.

(Source: P.A. 91-507, eff. 8-13-99.)

 

(15 ILCS 320/12) (from Ch. 128, par. 112)

Sec. 12. Replacement of library materials. Any person who fails to return any borrowed item within the time prescribed by the State Librarian, or damages the item, is responsible for replacement or replacement costs, as determined by the State Librarian or his or her designee.

(Source: P.A. 91-507, eff. 8-13-99.)

 

(15 ILCS 320/13) (from Ch. 128, par. 113)

Sec. 13. Fines and recovery. All fines and charges for any books or other items lost accruing under and by virtue of this Act, or for the violation of any of the rules adopted by the librarian, shall be recoverable in the name of the People of the State of Illinois in a civil action. In all such trials, the entries of the librarian, made as herebefore prescribed shall be evidence of the delivery of the book and of the date of such delivery; and it shall be his duty to carry the provisions of this Act into effect, and to sue for all injuries done to the library, and for all penalties under this Act.

(Source: P.A. 79-1359.)

 

(15 ILCS 320/18) (from Ch. 128, par. 118)

Sec. 18. Federal aid. The Secretary of State and State Librarian is authorized and empowered to do all things necessary and proper to fully cooperate with the United States government in the administering of any Act heretofore, or hereafter enacted for the purpose of appropriation of funds for the payment of salaries, library materials, access to electronic resources, library supplies, equipment, the construction of library buildings, library services throughout the State, and for library services to persons with physical disabilities.

(Source: P.A. 99-143, eff. 7-27-15.)

 

(15 ILCS 320/19) (from Ch. 128, par. 119)

Sec. 19. Reimbursement of federal funds. When federal funds are expended to provide library services to libraries and reimbursement is received from such local libraries, the amount received as reimbursement shall be returned.

(Source: P.A. 91-507, eff. 8-13-99.)

 

(15 ILCS 320/20) (from Ch. 128, par. 120)

Sec. 20. (Repealed).

(Source: P.A. 77-1690. Repealed by P.A. 91-507, eff. 8-13-99.)

 

(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:

"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.

"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.

(c) 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; 92-617, eff. 1-1-03.)

 

(15 ILCS 320/25)

Sec. 25. State Library Fund; disposition of moneys received. Any moneys received by the State Library for reimbursement for lost or damaged books, from the sale of withdrawn library materials as provided in subsection (c) of Section 7 of the State Property Control Act, for photocopies, or as transfers from other funds and any monetary gifts or bequests provided to the State Library shall be deposited into the State Library Fund, a special fund hereby created in the State treasury. Moneys in the State Library Fund, subject to appropriation, may be expended by the State Librarian to increase the collection of books, records, and holdings; to hold public forums; to purchase equipment and resource materials for the State Library; and for the upkeep, repair, and maintenance of the State Library building and grounds.

(Source: P.A. 96-498, eff. 8-14-09.)


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