HB4258 103RD GENERAL ASSEMBLY

LRB103 34645 AWJ 64487 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4258

Introduced 1/16/2024, by Rep. Eva-Dina Delgado and Diane Blair-Sherlock

SYNOPSIS AS INTRODUCED:

75 ILCS 12/5
75 ILCS 12/10
75 ILCS 12/15.1 new
75 ILCS 12/15.2 new
75 ILCS 12/15.3 new

Amends the License to Read Act. Defines terms. Provides that no contract or license agreement entered into between a publisher and library shall preclude, limit, or restrict the library from performing customary operational functions or lending functions, restrict the library from disclosing any terms of its license agreements to other libraries, or require, coerce, or enable the library to violate the Library Records Confidentiality Act. Provides that nothing in the amendatory Act affects existing contracts that are in effect on the effective date of the amendatory Act. Sets forth remedies. Contains a severability provision. Effective immediately.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The License to Read Act is amended by changing Sections 5 and 10 and by adding Sections 15.1, 15.2, and 15.3 as follows:

(75 ILCS 12/5)

Sec. 5. Findings. The General Assembly finds:

(1) It is in the best interests of the State for the State Librarian to be authorized to facilitate the acquisition and use of digital content by pooling the buying power of the Illinois' libraries and library systems and to provide e-books and e-audiobooks to patrons to the fullest extent possible.

(2) It is in the best interests of the State for libraries, as defined in Section 10, to be authorized to enter into licensing agreements with literary publishers and to provide e-books and e-audiobooks to patrons to the fullest extent possible.

(3) (2) This Act should be administered by the State Librarian to support all libraries within the State.

(4) (3) To achieve the purposes of this Act, the State Librarian should have the authority to make grants under this Act to assist libraries in providing access to e-books and e-audiobooks.

(Source: P.A. 103-267, eff. 6-30-23.)

(75 ILCS 12/10)

Sec. 10. Definitions. As used in this Act:

"Aggregator" means a person or organization whose business is the licensing of access to electronic literary material collections that include electronic literary material from multiple publishers.

"Borrower" means a person or organization, including another library, to whom the library loans electronic literary materials of any sort.

"E-audiobook" means an audio recording of a text document that is read out loud in an electronic format that is listened to on a computer, tablet, smart phone, or other electronic device.

"E-book" means a text document that has been converted into or published in an electronic format that is read on a computer, tablet, smart phone, or other electronic device.

"Electronic literary materials" means e-audiobooks and e-books.

"Library" means an entity that:

(1) serves, either directly or through contractual services provided by another library, the basic information and library needs of its patrons through a bibliographically organized collection of library materials that has ongoing financial support and is accessible centrally;

(2) is open at least 15 hours per week; and

(3) is staffed by one or more employees serving as librarians working a minimum of 15 hours per week.

"Library" includes public libraries, public elementary school or secondary school libraries, academic libraries, research libraries, special libraries, talking book libraries, and archives.

"Loan" means to create and transmit to a borrower a copy of electronic literary material and delete it at the end of the loan period.

"Loan period" means the time between the transmission of the copy of the electronic literary material to a borrower and the deletion of the copy of the electronic literary material, as determined by the individual library.

"Publisher" means a person or organization whose business is the manufacture, promulgation, license, and sale of books, audiobooks, journals, magazines, newspapers, or other literary productions, including those in the form of electronic literary materials. "Publisher" includes aggregators who enter into contracts with libraries for the purposes of providing materials for purchase or license from publishers.

"Reasonable terms" means purchasing or licensing specifications that consider a publisher's business model and a library's need to continue its mission to provide access to materials and the efficient use of funds in providing library services.

"Technological protection measures" means any technology that ensures the secure loaning or circulation by a library of electronic literary materials.

"Virtually" means transmitted to receiving parties via the Internet in such a way that the transmission appears in front of the receiving parties on a computer, tablet, smart phone, or electronic device.

(Source: P.A. 103-267, eff. 6-30-23.)

(75 ILCS 12/15.1 new)

Sec. 15.1. Contracts between libraries and publishers.

(a) Any contract between a publisher and a library to license electronic literary materials to the public in this State shall be governed by this Section.

(b) No contract or license agreement entered into between any publisher and any library shall:

(1) Preclude, limit, or restrict the library from performing customary operational functions, including any provision that:

(A) precludes, limits, or restricts the library from licensing electronic literary materials from publishers;

(B) precludes, limits, or restricts the library's ability to employ technological protection measures necessary to loan electronic literary materials;

(C) precludes, limits, or restricts the library's right to make nonpublic preservation copies of the electronic literary materials; or

(D) precludes, limits, or restricts the library's right to loan electronic literary materials via interlibrary loan systems.

(2) Preclude, limit, or restrict the library from performing customary lending functions, including any provision that:

(A) precludes, limits, or restricts the library from loaning electronic literary materials to borrowers;

(B) restricts the library's right to determine loan periods for licensed electronic literary materials;

(C) requires the library to acquire a license for any electronic literary material at a price greater than that charged to the public for the same item;

(D) restricts the number of licenses for electronic literary materials that the library may acquire after the same item is made available to the public;

(E) requires the library to pay a cost-per-circulation fee to loan electronic literary materials, unless that fee is lower in aggregate than the cost of purchasing the item outright;

(F) restricts the total number of times a library may loan any licensed electronic literary materials during any license agreement or restricts the duration of any license agreement, unless the publisher also offers a license agreement to libraries for perpetual public use without such restrictions at a price which is considered reasonable and equitable as agreed to by both parties; or

(G) restricts or limits the library's ability to virtually recite text and display artwork of any materials to library patrons such that the materials would not have the same educational utility as when recited or displayed at a library facility.

(3) Restrict the library from disclosing any terms of its license agreements to other libraries.

(4) Require, coerce, or enable the library to violate the law protecting the confidentiality of a patron's library records under the Library Records Confidentiality Act.

(75 ILCS 12/15.2 new)

Sec. 15.2. Remedies.

(a) Contracts or offers to license electronic literary materials to a library that include a prohibited provision under this Act constitute unfair and deceptive practices within the meaning of the Consumer Fraud and Deceptive Business Practices Act and shall be deemed void and unenforceable. Any waiver of the provisions of this Act is contrary to public policy and shall be deemed unenforceable and void.

(b) Actions for relie f pursuant to this Act may be brought by libraries, library officers, or library borrowers.

(75 ILCS 12/15.3 new)

Sec. 15.3. Existing contracts. Nothing in this amendatory Act of the 103rd General Assembly affects existing contracts that are in force on the effective date of this amendatory Act of the 103rd General Assembly providing libraries with electronic literary materials from vendors and aggregators.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.