Illinois General Assembly - Full Text of HB4258
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Full Text of HB4258  103rd General Assembly



State of Illinois
2023 and 2024


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


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.

LRB103 34645 AWJ 64487 b





HB4258LRB103 34645 AWJ 64487 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The License to Read Act is amended by changing
5Sections 5 and 10 and by adding Sections 15.1, 15.2, and 15.3
6as follows:
7    (75 ILCS 12/5)
8    Sec. 5. Findings. The General Assembly finds:
9        (1) It is in the best interests of the State for the
10    State Librarian to be authorized to facilitate the
11    acquisition and use of digital content by pooling the
12    buying power of the Illinois' libraries and library
13    systems and to provide e-books and e-audiobooks to patrons
14    to the fullest extent possible.
15        (2) It is in the best interests of the State for
16    libraries, as defined in Section 10, to be authorized to
17    enter into licensing agreements with literary publishers
18    and to provide e-books and e-audiobooks to patrons to the
19    fullest extent possible.
20        (3) (2) This Act should be administered by the State
21    Librarian to support all libraries within the State.
22        (4) (3) To achieve the purposes of this Act, the State
23    Librarian should have the authority to make grants under



HB4258- 2 -LRB103 34645 AWJ 64487 b

1    this Act to assist libraries in providing access to
2    e-books and e-audiobooks.
3(Source: P.A. 103-267, eff. 6-30-23.)
4    (75 ILCS 12/10)
5    Sec. 10. Definitions. As used in this Act:
6    "Aggregator" means a person or organization whose business
7is the licensing of access to electronic literary material
8collections that include electronic literary material from
9multiple publishers.
10    "Borrower" means a person or organization, including
11another library, to whom the library loans electronic literary
12materials of any sort.
13    "E-audiobook" means an audio recording of a text document
14that is read out loud in an electronic format that is listened
15to on a computer, tablet, smart phone, or other electronic
17    "E-book" means a text document that has been converted
18into or published in an electronic format that is read on a
19computer, tablet, smart phone, or other electronic device.
20    "Electronic literary materials" means e-audiobooks and
22    "Library" means an entity that:
23        (1) serves, either directly or through contractual
24    services provided by another library, the basic
25    information and library needs of its patrons through a



HB4258- 3 -LRB103 34645 AWJ 64487 b

1    bibliographically organized collection of library
2    materials that has ongoing financial support and is
3    accessible centrally;
4        (2) is open at least 15 hours per week; and
5        (3) is staffed by one or more employees serving as
6    librarians working a minimum of 15 hours per week.
7    "Library" includes public libraries, public elementary
8school or secondary school libraries, academic libraries,
9research libraries, special libraries, talking book libraries,
10and archives.
11    "Loan" means to create and transmit to a borrower a copy of
12electronic literary material and delete it at the end of the
13loan period.
14    "Loan period" means the time between the transmission of
15the copy of the electronic literary material to a borrower and
16the deletion of the copy of the electronic literary material,
17as determined by the individual library.
18    "Publisher" means a person or organization whose business
19is the manufacture, promulgation, license, and sale of books,
20audiobooks, journals, magazines, newspapers, or other literary
21productions, including those in the form of electronic
22literary materials. "Publisher" includes aggregators who enter
23into contracts with libraries for the purposes of providing
24materials for purchase or license from publishers.
25    "Reasonable terms" means purchasing or licensing
26specifications that consider a publisher's business model and



HB4258- 4 -LRB103 34645 AWJ 64487 b

1a library's need to continue its mission to provide access to
2materials and the efficient use of funds in providing library
4    "Technological protection measures" means any technology
5that ensures the secure loaning or circulation by a library of
6electronic literary materials.
7    "Virtually" means transmitted to receiving parties via the
8Internet in such a way that the transmission appears in front
9of the receiving parties on a computer, tablet, smart phone,
10or electronic device.
11(Source: P.A. 103-267, eff. 6-30-23.)
12    (75 ILCS 12/15.1 new)
13    Sec. 15.1. Contracts between libraries and publishers.
14    (a) Any contract between a publisher and a library to
15license electronic literary materials to the public in this
16State shall be governed by this Section.
17    (b) No contract or license agreement entered into between
18any publisher and any library shall:
19        (1) Preclude, limit, or restrict the library from
20    performing customary operational functions, including any
21    provision that:
22            (A) precludes, limits, or restricts the library
23        from licensing electronic literary materials from
24        publishers;
25            (B) precludes, limits, or restricts the library's



HB4258- 5 -LRB103 34645 AWJ 64487 b

1        ability to employ technological protection measures
2        necessary to loan electronic literary materials;
3            (C) precludes, limits, or restricts the library's
4        right to make nonpublic preservation copies of the
5        electronic literary materials; or
6            (D) precludes, limits, or restricts the library's
7        right to loan electronic literary materials via
8        interlibrary loan systems.
9        (2) Preclude, limit, or restrict the library from
10    performing customary lending functions, including any
11    provision that:
12            (A) precludes, limits, or restricts the library
13        from loaning electronic literary materials to
14        borrowers;
15            (B) restricts the library's right to determine
16        loan periods for licensed electronic literary
17        materials;
18            (C) requires the library to acquire a license for
19        any electronic literary material at a price greater
20        than that charged to the public for the same item;
21            (D) restricts the number of licenses for
22        electronic literary materials that the library may
23        acquire after the same item is made available to the
24        public;
25            (E) requires the library to pay a
26        cost-per-circulation fee to loan electronic literary



HB4258- 6 -LRB103 34645 AWJ 64487 b

1        materials, unless that fee is lower in aggregate than
2        the cost of purchasing the item outright;
3            (F) restricts the total number of times a library
4        may loan any licensed electronic literary materials
5        during any license agreement or restricts the duration
6        of any license agreement, unless the publisher also
7        offers a license agreement to libraries for perpetual
8        public use without such restrictions at a price which
9        is considered reasonable and equitable as agreed to by
10        both parties; or
11            (G) restricts or limits the library's ability to
12        virtually recite text and display artwork of any
13        materials to library patrons such that the materials
14        would not have the same educational utility as when
15        recited or displayed at a library facility.
16        (3) Restrict the library from disclosing any terms of
17    its license agreements to other libraries.
18        (4) Require, coerce, or enable the library to violate
19    the law protecting the confidentiality of a patron's
20    library records under the Library Records Confidentiality
21    Act.
22    (75 ILCS 12/15.2 new)
23    Sec. 15.2. Remedies.
24    (a) Contracts or offers to license electronic literary
25materials to a library that include a prohibited provision



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1under this Act constitute unfair and deceptive practices
2within the meaning of the Consumer Fraud and Deceptive
3Business Practices Act and shall be deemed void and
4unenforceable. Any waiver of the provisions of this Act is
5contrary to public policy and shall be deemed unenforceable
6and void.
7    (b) Actions for relie
f pursuant to this Act may be brought
8by libraries, library officers, or library borrowers.
9    (75 ILCS 12/15.3 new)
10    Sec. 15.3. Existing contracts. Nothing in this amendatory
11Act of the 103rd General Assembly affects existing contracts
12that are in force on the effective date of this amendatory Act
13of the 103rd General Assembly providing libraries with
14electronic literary materials from vendors and aggregators.
15    Section 97. Severability. The provisions of this Act are
16severable under Section 1.31 of the Statute on Statutes.
17    Section 99. Effective date. This Act takes effect upon
18becoming law.