Public Act 103-0267
Public Act 0267 103RD GENERAL ASSEMBLY
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Public Act 103-0267
| | SB2419 Enrolled | LRB103 30740 DTM 57218 b |
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| 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 |
Effective Date: 6/30/2023
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