Illinois General Assembly - Full Text of SB2419
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB2419  103rd General Assembly




SB2419 EnrolledLRB103 30740 DTM 57218 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5License to Read Act.
6    Section 5. Findings. The General Assembly finds:
7        (1) It is in the best interests of the State for the
8    State Librarian to be authorized to facilitate the
9    acquisition and use of digital content by pooling the
10    buying power of the Illinois' libraries and library
11    systems and to provide e-books and e-audiobooks to patrons
12    to the fullest extent possible.
13        (2) This Act should be administered by the State
14    Librarian to support all libraries within the State.
15        (3) To achieve the purposes of this Act, the State
16    Librarian should have the authority to make grants under
17    this Act to assist libraries in providing access to
18    e-books and e-audiobooks.
19    Section 10. Definitions. As used in this Act:
20    "E-audiobook" means an audio recording of a text document
21that is read out loud in an electronic format that is listened
22to on a computer, tablet, smart phone, or other electronic



SB2419 Enrolled- 2 -LRB103 30740 DTM 57218 b

2    "E-book" means a text document that has been converted
3into or published in an electronic format that is read on a
4computer, tablet, smart phone, or other electronic device.
5    "Library" means an entity that:
6        (1) serves, either directly or through contractual
7    services provided by another library, the basic
8    information and library needs of its patrons through a
9    bibliographically organized collection of library
10    materials that has ongoing financial support and is
11    accessible centrally;
12        (2) is open at least 15 hours per week; and
13        (3) is staffed by one or more employees serving as
14    librarians working a minimum of 15 hours per week.
15    Section 15. Electronic licenses.
16    (a) The State Librarian may negotiate with publishers of
17e-books and e-audiobooks on behalf of libraries on reasonable
18terms that would enable libraries to acquire necessary
19licenses to provide library users with access to e-books or
21    (b) The reasonable terms under subsection (a) must
23        (1) The number of users a library may simultaneously
24    allow to access an e-book or e-audiobook.
25        (2) The number of days a library may allow a user to



SB2419 Enrolled- 3 -LRB103 30740 DTM 57218 b

1    access an e-book or e-audiobook.
2        (3) The use of technological protection measures that
3    would prevent a user from:
4            (i) maintaining access to an e-book or e-audiobook
5        beyond the access period specified in the license; and
6            (ii) allowing other users to access an e-book or
7        e-audiobook.
8    Section 20. License to Read Grants. The State Librarian
9may award grants that develop, expand, or support the
10acquisition of and access to e-books and e-audiobooks in
12    Section 25. Fees and donations; License to Read Fund. The
13State Library may collect fees to provide the services and
14grants under this Act. The State Library may also receive
15donations or grants from the federal government, its agencies,
16or any other entity or person for the purposes of this Act. All
17funds received under this Section and appropriated by the
18General Assembly for implementation of this Act shall be
19deposited into the License to Read Fund, a special fund hereby
20created in the State treasury. The moneys in the Fund may be
21expended as provided in this Act.
22    Section 30. Assistance. To implement any part of this Act,
23the State Librarian may request any State agency, department,



SB2419 Enrolled- 4 -LRB103 30740 DTM 57218 b

1division, board, bureau, commission, or other entity or person
2to provide any services, assistance, or data that will enable
3the Office of the State Librarian to properly carry out the
4State Librarian's functions, powers, and duties under this
5Act. Those entities are authorized to provide any services,
6assistance, and data that will enable the State Librarian to
7properly carry out its functions, powers, and duties under
8this Act.
9    Section 35. Rules. The Office of the Secretary of State
10may adopt rules necessary for implementation of this Act.
11    Section 85. The State Library Act is amended by changing
12Sections 3, 7, 10, and 11 as follows:
13    (15 ILCS 320/3)  (from Ch. 128, par. 103)
14    Sec. 3. Declaration of policy-State Library.
15    It is the policy of the State of Illinois, to promote,
16support, implement and maintain library services on a State
17level for all State Officers, Offices, the General Assembly,
18the Judiciary and all State agencies, bodies and commissions,
19and to promote, support and implement library services on a
20statewide basis, including the effective sharing of resources
21and services among libraries to promote access to information
22in both print and electronic format. It is the responsibility
23of government at all levels to promote, support, implement and



SB2419 Enrolled- 5 -LRB103 30740 DTM 57218 b

1maintain library services for the cultural, educational and
2economic development of the State of Illinois and of the
3inhabitants of the State of Illinois.
4(Source: P.A. 77-1690.)
5    (15 ILCS 320/7)  (from Ch. 128, par. 107)
6    Sec. 7. Purposes of the State Library. The Illinois State
7Library shall:
8    (a) Maintain a library for officials and employees of the
9State, consisting of informational material and resources
10pertaining to the phases of their work, and serve as the
11State's library by extending its resources to citizens of
13    (b) Maintain and provide research library services for all
14State agencies.
15    (c) Administer the Illinois Library System Act.
16    (d) Promote and administer the law relating to Interstate
17Library Compacts.
18    (e) Enter into interagency agreements, pursuant to the
19Intergovernmental Cooperation Act, including agreements to
20promote access to information by Illinois students and the
21general public, and cooperate with acquiring and sharing
22electronic resources, e-books, and e-audiobooks.
23    (f) Promote and develop a cooperative library network
24operating regionally or statewide for providing effective
25coordination of the library resources, including e-books and



SB2419 Enrolled- 6 -LRB103 30740 DTM 57218 b

1e-audiobooks, of public, academic, school, and special
3    (g) Administer grants of federal library funds pursuant to
4federal law and requirements.
5    (h) Assist libraries in their plans for library services,
6including funding the State-funded library systems for the
7purpose of local library development and networking.
8    (i) Assist local library groups in developing programs,
9including the provision of electronic resources, by which
10library services can be established and enhanced in areas
11without those services.
12    (j) Be a clearing house, in an advisory capacity, for
13questions and problems pertaining to the administration and
14functioning of libraries in Illinois and to publish booklets
15and pamphlets to implement this service.
16    (k) Seek the opinion of the Attorney General for legal
17questions pertaining to public libraries and their function as
18governmental agencies.
19    (l) Contract with any other library or library agency to
20carry out the purposes of the State Library. If any such
21contract requires payments by user libraries for goods and
22services, the State Library may distribute billings from
23contractors to applicable user libraries and may receive and
24distribute payments from user libraries to contractors. There
25is hereby created in the State Treasury the Library Trust
26Fund, into which all moneys payable to contractors which are



SB2419 Enrolled- 7 -LRB103 30740 DTM 57218 b

1received from user libraries under this paragraph (l) shall be
2paid. The Treasurer shall pay such funds to contractors at the
3direction of the State Librarian.
4    (m) Compile, preserve and publish public library
5statistical information.
6    (n) Compile the annual report of local public libraries
7and library systems submitted to the State Librarian pursuant
8to law.
9    (o) Conduct and arrange for library training programs for
10library personnel, library directors and others involved in
11library services.
12    (p) Prepare an annual report for each fiscal year.
13    (q) Make available to the public, by means of access by way
14of the largest nonproprietary nonprofit cooperative public
15computer network, certain records of State agencies.
16    As used in this subdivision (q), "State agencies" means
17all officers, boards, commissions and agencies created by the
18Constitution; all officers, departments, boards, commissions,
19agencies, institutions, authorities, universities, and bodies
20politic and corporate of the State; administrative units or
21corporate outgrowths of the State government which are created
22by or pursuant to statute, other than units of local
23government and their officers, school districts and boards of
24election commissioners; and all administrative units and
25corporate outgrowths of the above and as may be created by
26executive order of the Governor; however, "State agencies"



SB2419 Enrolled- 8 -LRB103 30740 DTM 57218 b

1does not include any agency, officer, or other entity of the
2judicial or legislative branch.
3    As used in this subdivision (q), "records" means public
4records, as defined in the Freedom of Information Act, that
5are not exempt from inspection and copying under that Act.
6    The State Librarian and each appropriate State agency
7shall specify the types and categories of records that shall
8be accessible through the public computer network and the
9types and categories of records that shall be inaccessible.
10Records currently held by a State agency and documents that
11are required to be provided to the Illinois State Library in
12accordance with Section 21 shall be provided to the Illinois
13State Library in an appropriate electronic format. The cost to
14each State agency of making records accessible through the
15public computer network or of providing records in an
16appropriate electronic format shall be considered in making
17determinations regarding accessibility.
18    The As soon as possible and no later than 18 months after
19the effective date of this amendatory Act of 1995, the types
20and categories of information, specified by the State
21Librarian and each appropriate State agency, shall be made
22available to the public by means of access by way of the
23largest nonproprietary, nonprofit cooperative public computer
24network. The information shall be made available in one or
25more formats and by one or more means in order to provide the
26greatest feasible access to the general public in this State.



SB2419 Enrolled- 9 -LRB103 30740 DTM 57218 b

1Any person who accesses the information may access all or any
2part of the information. The information may also be made
3available by any other means of access that would facilitate
4public access to the information. The information shall be
5made available in the shortest feasible time after it is
6publicly available.
7    Any documentation that describes the electronic digital
8formats of the information shall be made available by means of
9access by way of the same public computer network.
10    Personal information concerning a person who accesses the
11information may be maintained only for the purpose of
12providing service to the person.
13    The electronic public access provided by way of the public
14computer network shall be in addition to other electronic or
15print distribution of the information.
16    No action taken under this subdivision (q) shall be deemed
17to alter or relinquish any copyright or other proprietary
18interest or entitlement of the State of Illinois relating to
19any of the information made available under this subdivision
21    (r) Coordinate literacy programs for the Secretary of
23    (s) Provide coordination of statewide preservation
24planning, act as a focal point for preservation advocacy,
25assess statewide needs and establish specific programs to meet
26those needs, and manage state funds appropriated for



SB2419 Enrolled- 10 -LRB103 30740 DTM 57218 b

1preservation work relating to the preservation of the library
2and archival resources of Illinois.
3    (t) Create and maintain a State Government Report
4Distribution Center for the General Assembly. The Center shall
5receive all reports in all formats available required by law
6or resolution to be filed with the General Assembly and shall
7furnish copies of such reports on the same day on which the
8report is filed with the Clerk of the House of Representatives
9and the Secretary of the Senate, as required by the General
10Assembly Organization Act, without charge to members of the
11General Assembly upon request. This paragraph does not affect
12the requirements of Section 21 of this Act relating to the
13deposit of State publications with the State library.
14    (u) Provide a digital platform to expand access to the
15State Library's collection.
16(Source: P.A. 91-507, eff. 8-13-99; 92-16, eff. 6-28-01;
1792-617, eff. 1-1-03.)
18    (15 ILCS 320/10)  (from Ch. 128, par. 110)
19    Sec. 10. Users of the State Library. Library services,
20including electronic resources to the fullest extent possible,
21shall be supplied to: State Officers and Officials; members of
22the General Assembly and staff; State agency employes; patrons
23of libraries with whom consortial agreements have been
24established; and the general public.
25(Source: P.A. 91-507, eff. 8-13-99.)



SB2419 Enrolled- 11 -LRB103 30740 DTM 57218 b

1    (15 ILCS 320/11)  (from Ch. 128, par. 111)
2    Sec. 11. Services of the State Library. Services provided
3to users of the State Library include but are not limited to
4circulation, reference, and interlibrary loan.
5    (a) Circulation.
6        (1) Library materials designated as circulating shall
7    be directly loaned on site to: State officials; members of
8    the General Assembly and staff; State agency employees;
9    individuals who hold valid Illinois public library cards;
10    individuals who hold valid library cards from libraries
11    with whom consortial agreements have been reached that
12    specify reciprocal borrowing privileges; and other
13    individuals as specified by the State Librarian or his or
14    her designee.
15        (2) Any individual requesting circulation of material
16    from the State Library must fill in an application for
17    this service, thereby becoming officially recorded as a
18    registered borrower of the State Library.
19        (3) All requests for materials or information will be
20    kept confidential in accordance with the Library Records
21    Confidentiality Act.
22    (b) Reference.
23        (1) Instructions on how to use the library and its
24    resources are available to any patron.
25        (2) The quick provision of factual information shall



SB2419 Enrolled- 12 -LRB103 30740 DTM 57218 b

1    be provided to any individual.
2        (3) Provision of research assistance shall be provided
3    to officials and employees of State government for
4    work-related purposes.
5    (c) Interlibrary loan.
6        (1) Borrowing. Materials shall be borrowed from other
7    libraries on behalf of State officials, members of the
8    General Assembly and staff, and State agency employees who
9    are registered borrowers of the State Library for their
10    work-related needs. Any fees for interlibrary loan lending
11    shall be paid by the requesting patron or agency.
12        (2) Lending. Circulating State Library materials shall
13    be loaned to other libraries that request the materials on
14    behalf of their patrons.
15    (d) Electronic resources. To the fullest extent possible,
16electronic resources shall be available, accessible, and
17subject to reasonable limitations as negotiated by the State
19(Source: P.A. 91-507, eff. 8-13-99.)
20    Section 90. The State Finance Act is amended by adding
21Section 5.990 as follows:
22    (30 ILCS 105/5.990 new)
23    Sec. 5.990. The License to Read Fund.
24    Section 99. Effective date. This Act takes effect upon



SB2419 Enrolled- 13 -LRB103 30740 DTM 57218 b

1becoming law.