Public Act 103-0267
 
SB2419 EnrolledLRB103 30740 DTM 57218 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 1. Short title. This Act may be cited as the 
License to Read Act.
 
    Section 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)     This Act should be administered by the State 
    Librarian to support all libraries within the State.
        (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.
 
    Section 10. Definitions. As used in this Act:
    "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.
    "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.
 
    Section 15. Electronic licenses.
    (a)    The State Librarian may negotiate with publishers of 
e-books and e-audiobooks on behalf of libraries on reasonable 
terms that would enable libraries to acquire necessary 
licenses to provide library users with access to e-books or 
e-audiobooks.
    (b)     The reasonable terms under subsection (a) must 
include:
        (1)      The number of users a library may simultaneously 
    allow to access an e-book or e-audiobook.
        (2)     The number of days a library may allow a user to 
    access an e-book or e-audiobook.
        (3)     The use of technological protection measures that 
    would prevent a user from:
            (i)   maintaining access to an e-book or e-audiobook 
        beyond the access period specified in the license; and
            (ii)    allowing other users to access an e-book or 
        e-audiobook.
 
    Section 20. License to Read Grants. The State Librarian 
may award grants that develop, expand, or support the 
acquisition of and access to e-books and e-audiobooks in 
Illinois.
 
    Section 25. Fees and donations; License to Read Fund. The 
State Library may collect fees to provide the services and 
grants under this Act. The State Library may also receive 
donations or grants  from the federal government, its agencies, 
or any other entity or person for the purposes of this Act.  All 
funds received under this Section and appropriated by the 
General Assembly for implementation of this Act shall be 
deposited into the License to Read Fund, a special fund hereby 
created in the State treasury.
The moneys in the Fund may be 
expended as provided in this Act.
 
    Section 30. Assistance. To implement any part of this Act, 
the State Librarian may request any State agency, department, 
division, board, bureau, commission, or other entity or person 
to provide any services, assistance, or data that will enable 
the Office of the State Librarian to properly carry out the 
State Librarian's functions, powers, and duties under this 
Act. Those entities are authorized to provide any services, 
assistance, and data that will enable the State Librarian to 
properly carry out its functions, powers, and duties under 
this Act.
 
    Section 35. Rules. The Office of the Secretary of State 
may adopt rules necessary for implementation of this Act.
 
    Section 85. The State Library Act is amended  by changing 
Sections 3, 7, 10, and 11 as follows:
 



    (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, including the effective sharing of resources 
and services among libraries to promote access to information 
in both print and electronic format. 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 320/7)  (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, and cooperate with acquiring and sharing 
electronic resources, e-books, and e-audiobooks.

    (f) Promote and develop a cooperative library network 
operating
regionally or statewide for providing effective 
coordination of the
library resources, including e-books and 
e-audiobooks, 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, 
including the provision of electronic resources, 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.

    The 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.

    (u)  Provide a digital platform to expand access to the 
State Library's collection. 
(Source: P.A. 91-507, eff. 8-13-99; 92-16, eff. 6-28-01; 
92-617, eff.
1-1-03.)

 



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



    Sec. 10. Users of
the State Library.   Library services, 
including electronic resources to the fullest extent possible, 
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.

    (d)  Electronic resources.  To the fullest extent possible, 
electronic resources shall be available, accessible, and 
subject to reasonable limitations as negotiated by the State 
Librarian. 
(Source: P.A. 91-507, eff. 8-13-99.)

 
    Section 90. The State Finance Act is amended by adding 
Section 5.990 as follows:
 
    (30 ILCS 105/5.990 new)
    Sec. 5.990. The License to Read Fund.
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.