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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | License to Read Act. | ||||||
6 | Section 5. Findings. The General Assembly finds: | ||||||
7 | (1) It is in the best interests of the State for the | ||||||
8 | State Librarian to be authorized to facilitate the | ||||||
9 | acquisition and use of digital content by pooling the | ||||||
10 | buying power of the Illinois' libraries and library | ||||||
11 | systems and to provide e-books and e-audiobooks to patrons | ||||||
12 | to the fullest extent possible. | ||||||
13 | (2) This Act should be administered by the State | ||||||
14 | Librarian to support all libraries within the State. | ||||||
15 | (3) To achieve the purposes of this Act, the State | ||||||
16 | Librarian should have the authority to make grants under | ||||||
17 | this Act to assist libraries in providing access to | ||||||
18 | e-books and e-audiobooks. | ||||||
19 | Section 10. Definitions. As used in this Act: | ||||||
20 | "E-audiobook" means an audio recording of a text document | ||||||
21 | that is read out loud in an electronic format that is listened | ||||||
22 | to on a computer, tablet, smart phone, or other electronic |
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1 | device. | ||||||
2 | "E-book" means a text document that has been converted | ||||||
3 | into or published in an electronic format that is read on a | ||||||
4 | computer, tablet, smart phone, or other electronic device. | ||||||
5 | "Library" means an entity that: | ||||||
6 | (1) serves, either directly or through contractual | ||||||
7 | services provided by another library, the basic | ||||||
8 | information and library needs of its patrons through a | ||||||
9 | bibliographically organized collection of library | ||||||
10 | materials that has ongoing financial support and is | ||||||
11 | accessible centrally; | ||||||
12 | (2) is open at least 15 hours per week; and | ||||||
13 | (3) is staffed by one or more employees serving as | ||||||
14 | librarians working a minimum of 15 hours per week. | ||||||
15 | Section 15. Electronic licenses. | ||||||
16 | (a) The State Librarian may negotiate with publishers of | ||||||
17 | e-books and e-audiobooks on behalf of libraries on reasonable | ||||||
18 | terms that would enable libraries to acquire necessary | ||||||
19 | licenses to provide library users with access to e-books or | ||||||
20 | e-audiobooks. | ||||||
21 | (b) The reasonable terms under subsection (a) must | ||||||
22 | include: | ||||||
23 | (1) The number of users a library may simultaneously | ||||||
24 | allow to access an e-book or e-audiobook. | ||||||
25 | (2) The number of days a library may allow a user to |
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1 | access an e-book or e-audiobook. | ||||||
2 | (3) The use of technological protection measures that | ||||||
3 | would prevent a user from: | ||||||
4 | (i) maintaining access to an e-book or e-audiobook | ||||||
5 | beyond the access period specified in the license; and | ||||||
6 | (ii) allowing other users to access an e-book or | ||||||
7 | e-audiobook. | ||||||
8 | Section 20. License to Read Grants. The State Librarian | ||||||
9 | may award grants that develop, expand, or support the | ||||||
10 | acquisition of and access to e-books and e-audiobooks in | ||||||
11 | Illinois. | ||||||
12 | Section 25. Fees and donations; License to Read Fund. The | ||||||
13 | State Library may collect fees to provide the services and | ||||||
14 | grants under this Act. The State Library may also receive | ||||||
15 | donations or grants from the federal government, its agencies, | ||||||
16 | or any other entity or person for the purposes of this Act. All | ||||||
17 | funds received under this Section and appropriated by the | ||||||
18 | General Assembly for implementation of this Act shall be | ||||||
19 | deposited into the License to Read Fund, a special fund hereby | ||||||
20 | created in the State treasury.
The moneys in the Fund may be | ||||||
21 | expended as provided in this Act. | ||||||
22 | Section 30. Assistance. To implement any part of this Act, | ||||||
23 | the State Librarian may request any State agency, department, |
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1 | division, board, bureau, commission, or other entity or person | ||||||
2 | to provide any services, assistance, or data that will enable | ||||||
3 | the Office of the State Librarian to properly carry out the | ||||||
4 | State Librarian's functions, powers, and duties under this | ||||||
5 | Act. Those entities are authorized to provide any services, | ||||||
6 | assistance, and data that will enable the State Librarian to | ||||||
7 | properly carry out its functions, powers, and duties under | ||||||
8 | this Act. | ||||||
9 | Section 35. Rules. The Office of the Secretary of State | ||||||
10 | may adopt rules necessary for implementation of this Act. | ||||||
11 | Section 85. The State Library Act is amended by changing | ||||||
12 | Sections 3, 7, 10, and 11 as follows:
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13 | (15 ILCS 320/3) (from Ch. 128, par. 103)
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14 | Sec. 3.
Declaration
of policy-State Library.
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15 | It is the policy of the State of Illinois, to promote, | ||||||
16 | support,
implement and maintain library services on a State | ||||||
17 | level for all State
Officers, Offices, the General Assembly, | ||||||
18 | the Judiciary and all State
agencies, bodies and commissions, | ||||||
19 | and to promote, support and implement
library services on a | ||||||
20 | statewide basis , including the effective sharing of resources | ||||||
21 | and services among libraries to promote access to information | ||||||
22 | in both print and electronic format . It is the responsibility | ||||||
23 | of
government at all levels to promote, support, implement and |
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1 | maintain
library services for the cultural, educational and | ||||||
2 | economic development of
the State of Illinois and of the | ||||||
3 | inhabitants of the State of Illinois.
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4 | (Source: P.A. 77-1690.)
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5 | (15 ILCS 320/7) (from Ch. 128, par. 107)
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6 | Sec. 7. Purposes of the State Library. The Illinois State | ||||||
7 | Library shall:
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8 | (a) Maintain a library for officials and employees of the | ||||||
9 | State, consisting
of informational material and resources | ||||||
10 | pertaining to the phases of their work,
and serve as the | ||||||
11 | State's library by extending its resources to citizens of
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12 | Illinois.
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13 | (b) Maintain and provide research library services for all | ||||||
14 | State agencies.
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15 | (c) Administer the Illinois Library System Act.
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16 | (d) Promote and administer the law relating to Interstate | ||||||
17 | Library Compacts.
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18 | (e) Enter into interagency agreements, pursuant to the | ||||||
19 | Intergovernmental
Cooperation Act, including agreements to | ||||||
20 | promote access to information by
Illinois students and the | ||||||
21 | general public , and cooperate with acquiring and sharing | ||||||
22 | electronic resources, e-books, and e-audiobooks .
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23 | (f) Promote and develop a cooperative library network | ||||||
24 | operating
regionally or statewide for providing effective | ||||||
25 | coordination of the
library resources , including e-books and |
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1 | e-audiobooks, of public, academic, school, and special | ||||||
2 | libraries.
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3 | (g) Administer grants of federal library funds pursuant to
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4 | federal law and requirements.
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5 | (h) Assist libraries in their plans for
library services, | ||||||
6 | including funding the State-funded library systems
for the | ||||||
7 | purpose of local library development and networking.
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8 | (i) Assist local library groups in developing programs , | ||||||
9 | including the provision of electronic resources, by which | ||||||
10 | library
services can be established and enhanced in areas | ||||||
11 | without those services.
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12 | (j) Be a clearing house, in an advisory capacity, for | ||||||
13 | questions and
problems pertaining to the administration and | ||||||
14 | functioning of libraries in
Illinois and to publish booklets | ||||||
15 | and pamphlets to
implement this service.
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16 | (k) Seek the opinion of the Attorney General for legal | ||||||
17 | questions
pertaining to public libraries and their function as | ||||||
18 | governmental agencies.
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19 | (l) Contract with any other library or library agency to | ||||||
20 | carry out
the purposes of the State Library. If any such | ||||||
21 | contract requires payments
by user libraries for goods and | ||||||
22 | services, the State Library may distribute
billings from | ||||||
23 | contractors to applicable user libraries and may receive and
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24 | distribute payments from user libraries to contractors. There | ||||||
25 | is hereby
created in the State Treasury the Library Trust | ||||||
26 | Fund, into which all moneys
payable to contractors which are |
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1 | received from user libraries under
this paragraph (l) shall be | ||||||
2 | paid. The Treasurer shall pay such
funds to contractors at the | ||||||
3 | direction of the State Librarian.
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4 | (m) Compile, preserve and publish public library
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5 | statistical information.
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6 | (n) Compile the annual report of local public libraries | ||||||
7 | and library
systems submitted to the State Librarian pursuant | ||||||
8 | to law.
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9 | (o) Conduct and arrange for library training programs for | ||||||
10 | library
personnel, library directors and others involved in | ||||||
11 | library services.
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12 | (p) Prepare an annual report for each fiscal year.
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13 | (q) Make available to the public, by means of access by way | ||||||
14 | of the largest
nonproprietary nonprofit cooperative public | ||||||
15 | computer network, certain records
of State agencies.
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16 | As used in this subdivision (q), "State agencies"
means | ||||||
17 | all officers, boards, commissions and agencies
created by the | ||||||
18 | Constitution; all officers,
departments, boards, commissions, | ||||||
19 | agencies, institutions, authorities,
universities, and bodies | ||||||
20 | politic and corporate of the State; administrative
units or | ||||||
21 | corporate outgrowths of the State government which are created | ||||||
22 | by
or pursuant to statute, other than units of local | ||||||
23 | government and their
officers, school districts and boards of | ||||||
24 | election commissioners; and all
administrative units and | ||||||
25 | corporate outgrowths of the above and as may be
created by | ||||||
26 | executive order of the Governor; however, "State agencies" |
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1 | does not
include any agency, officer, or other entity of the | ||||||
2 | judicial or legislative
branch.
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3 | As used in this subdivision (q), "records" means public | ||||||
4 | records, as defined
in the Freedom of Information Act, that | ||||||
5 | are not exempt from inspection and
copying under that Act.
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6 | The State Librarian and each appropriate State agency | ||||||
7 | shall specify the
types and categories of records that shall | ||||||
8 | be accessible through the public
computer network and the | ||||||
9 | types and categories of records that shall be
inaccessible. | ||||||
10 | Records currently held by a State agency and documents that
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11 | are required to be provided to the Illinois State Library in | ||||||
12 | accordance with
Section 21 shall be provided to the Illinois | ||||||
13 | State Library in an appropriate
electronic format. The cost to | ||||||
14 | each State agency of making
records accessible through the | ||||||
15 | public computer network or of providing records
in an | ||||||
16 | appropriate electronic format shall be considered in making
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17 | determinations regarding accessibility.
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18 | The As soon as possible and no later than 18 months
after | ||||||
19 | the effective date of this amendatory Act of 1995,
the types | ||||||
20 | and categories of information, specified
by the State | ||||||
21 | Librarian and each appropriate State agency, shall be made
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22 | available to the public by means of access by way of
the | ||||||
23 | largest nonproprietary, nonprofit cooperative public computer | ||||||
24 | network. The
information shall be made available in one or | ||||||
25 | more formats and by one or more
means in order to provide the | ||||||
26 | greatest feasible access to the general public in
this State. |
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1 | Any person who accesses the information may access all or any | ||||||
2 | part
of the information. The information may also be made | ||||||
3 | available by any other
means of access that would facilitate | ||||||
4 | public access to the information. The
information shall be | ||||||
5 | made available in the shortest feasible time after it is
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6 | publicly available.
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7 | Any documentation that describes the electronic digital | ||||||
8 | formats of the
information shall be made available by means of | ||||||
9 | access by way of the same
public computer network.
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10 | Personal information concerning a person who accesses the | ||||||
11 | information may be
maintained only for the purpose of | ||||||
12 | providing service to the person.
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13 | The electronic public access provided by way of the public | ||||||
14 | computer network
shall be in addition to other electronic or | ||||||
15 | print distribution of the
information.
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16 | No action taken under this subdivision (q) shall be deemed | ||||||
17 | to alter or
relinquish any copyright or other proprietary | ||||||
18 | interest or entitlement of the
State of Illinois relating to | ||||||
19 | any of the information made available under this
subdivision | ||||||
20 | (q).
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21 | (r) Coordinate literacy programs for the Secretary of | ||||||
22 | State.
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23 | (s) Provide coordination of statewide preservation | ||||||
24 | planning, act as a
focal point for preservation advocacy, | ||||||
25 | assess statewide needs and establish
specific programs to meet | ||||||
26 | those needs, and manage state funds appropriated
for |
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1 | preservation work relating to the preservation of the library | ||||||
2 | and
archival resources of Illinois.
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3 | (t) Create and maintain a State Government Report | ||||||
4 | Distribution Center for
the General Assembly. The Center shall | ||||||
5 | receive all reports in all formats
available required by law | ||||||
6 | or resolution to be filed with the General Assembly
and shall | ||||||
7 | furnish copies of such reports on the same day on which the | ||||||
8 | report is
filed with the Clerk of the House of Representatives | ||||||
9 | and the Secretary of the
Senate, as required by the General | ||||||
10 | Assembly Organization Act, without charge
to members of the | ||||||
11 | General Assembly upon request. This paragraph does not
affect | ||||||
12 | the requirements of Section 21 of this Act relating to the | ||||||
13 | deposit of
State publications with the State library.
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14 | (u) Provide a digital platform to expand access to the | ||||||
15 | State Library's collection. | ||||||
16 | (Source: P.A. 91-507, eff. 8-13-99; 92-16, eff. 6-28-01; | ||||||
17 | 92-617, eff.
1-1-03.)
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18 | (15 ILCS 320/10) (from Ch. 128, par. 110)
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19 | Sec. 10. Users of
the State Library. Library services , | ||||||
20 | including electronic resources to the fullest extent possible, | ||||||
21 | shall be supplied to:
State Officers and Officials;
members of | ||||||
22 | the General Assembly and staff;
State agency employes;
patrons | ||||||
23 | of libraries with whom consortial agreements have been | ||||||
24 | established;
and
the general public.
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25 | (Source: P.A. 91-507, eff. 8-13-99.)
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1 | (15 ILCS 320/11) (from Ch. 128, par. 111)
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2 | Sec. 11. Services of the State Library. Services provided | ||||||
3 | to users of the
State Library
include but are not limited
to | ||||||
4 | circulation, reference, and interlibrary loan.
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5 | (a) Circulation.
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6 | (1) Library materials designated as circulating shall | ||||||
7 | be directly loaned
on site to:
State officials;
members of | ||||||
8 | the General Assembly and staff;
State agency employees;
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9 | individuals who hold valid Illinois public library cards;
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10 | individuals who hold valid library cards from libraries | ||||||
11 | with whom
consortial agreements have been reached that | ||||||
12 | specify reciprocal borrowing
privileges; and
other | ||||||
13 | individuals as specified by the State Librarian or his or | ||||||
14 | her designee.
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15 | (2) Any individual requesting circulation of material | ||||||
16 | from the State
Library must fill in an application for | ||||||
17 | this service, thereby becoming
officially recorded as a | ||||||
18 | registered borrower of the State Library.
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19 | (3) All requests for materials or information will be | ||||||
20 | kept confidential
in accordance with the Library Records | ||||||
21 | Confidentiality Act.
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22 | (b) Reference.
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23 | (1) Instructions on how to use the library and its | ||||||
24 | resources are
available to any patron.
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25 | (2) The quick provision of factual information shall |
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1 | be provided to any
individual.
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2 | (3) Provision of research assistance shall be provided | ||||||
3 | to officials and
employees of State government for | ||||||
4 | work-related purposes.
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5 | (c) Interlibrary loan.
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6 | (1) Borrowing. Materials shall be borrowed from other | ||||||
7 | libraries on
behalf
of State
officials, members of the | ||||||
8 | General Assembly and staff, and State agency
employees who | ||||||
9 | are registered borrowers of the State Library for their
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10 | work-related needs. Any fees for interlibrary loan lending | ||||||
11 | shall be paid by
the requesting patron or agency.
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12 | (2) Lending. Circulating State Library materials shall | ||||||
13 | be loaned to
other libraries that request the materials on | ||||||
14 | behalf of their patrons.
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15 | (d) Electronic resources. To the fullest extent possible, | ||||||
16 | electronic resources shall be available, accessible, and | ||||||
17 | subject to reasonable limitations as negotiated by the State | ||||||
18 | Librarian. | ||||||
19 | (Source: P.A. 91-507, eff. 8-13-99.)
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20 | Section 90. The State Finance Act is amended by adding | ||||||
21 | Section 5.990 as follows: | ||||||
22 | (30 ILCS 105/5.990 new) | ||||||
23 | Sec. 5.990. The License to Read Fund.
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24 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.
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