Public Act 103-0267
SB2419 EnrolledLRB103 30740 DTM 57218 b 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
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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.