State of Illinois
92nd General Assembly
Legislation

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[ Senate Amendment 001 ]


92_SB2135gms

 
                            State of Illinois
                         OFFICE OF THE GOVERNOR
                      Springfield, Illinois  62706
      George H. Ryan
      GOVERNOR
                                                       July 8, 2002
      To the Honorable Members of
        The Illinois Senate
      92nd General Assembly
          I hereby sign Senate Bill 2135, which  amends  the  State
      Library  Act  to provide that certain records held by a State
      agency shall (instead of shall when feasible) be provided  to
      the  State  Library  in  electronic format.  This legislation
      also provides that the State Librarian shall set by rule  the
      standard  to be used for electronic data exchange among State
      agencies and the State  Library.   Lastly,  this  legislation
      changes  reference  from  "printed  material"  to  "published
      material."
          Although  this  legislation supports the State Library in
      meeting  its  responsibility  to  provide  public  access  to
      government documents, the wording in the bill  regarding  the
      authority of the State Librarian to "set by rule the standard
      for  electronic  data exchange" could  lead to conflicts with
      existing law.  The language in  Senate  Bill  2135  could  be
      construed  to  provide  the  State  Library with the singular
      authority to set document standards.
          The authority to describe the standards that agencies use
      in making electronic submissions currently rests  in  statute
      with the Department of Central Management Services in Article
      405  of the Department of Central Management Services Law (20
      ILCS  405/Art.405).   The  standardization  of  documents  is
      important for the  long-term  accessibility  of  information.
      Therefore,  it  is  essential  that  both  the  Department of
      Central Management Service and the State Library - in counsel
      with the Illinois Technology Office -  continue  to  work  in
      partnership with state agencies to improve the efficiency and
      effectiveness of electronic document exchanges.
          The  State  Library  plans  to  hold hearings on proposed
      rules to implement SB 2135, and this is  an  important  means
      for  providing an opportunity for input.  While I support the
      State Librarian's goal of  assuring  receipt  and  subsequent
      access  to  all  information published by state government in
      all formats, legislation may be  needed  to  further  clarify
      this issue.
          With this clarification, I have signed Senate Bill 2135.
                                             Sincerely,
                                             George H. Ryan
                                             GOVERNOR

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