Bill Text: IL SB3167 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Creates the Equitable Access to Electronic Literature Act. Provides that any publisher who offers a contract or license for electronic literary product acquisition to the public shall offer to license the electronic literary product to libraries, if purchased with public funds, on reasonable terms and under reasonable technological protection measures that will permit libraries to provide their patrons with access to the electronic literary products. Provides that a contract or license shall not restrict a library's right or ability to loan or circulate electronic books and digital audiobooks in specified ways. Provides that a person who violates the provisions of the Act commits an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act. Effective January 1, 2023.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2022-06-15 - Chief Sponsor Changed to Sen. Don Harmon [SB3167 Detail]

Download: Illinois-2021-SB3167-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB3167 Introduced 1/12/2022, by Sen. Rachelle Crowe SYNOPSIS AS INTRODUCED:
New Act
Creates the Equitable Access to Electronic Literature Act. Provides that any publisher who offers a contract or license for electronic literary product acquisition to the public shall offer to license the electronic literary product to libraries, if purchased with public funds, on reasonable terms and under reasonable technological protection measures that will permit libraries to provide their patrons with access to the electronic literary products. Provides that a contract or license shall not restrict a library's right or ability to loan or circulate electronic books and digital audiobooks in specified ways. Provides that a person who violates the provisions of the Act commits an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act. Effective January 1, 2023.
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A BILL FOR
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AN ACT concerning business.
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
Equitable Access to Electronic Literature Act.
Section 5. Definitions. As used in this Act:
"Digital audiobook" means a published work that has been
converted into a voice recording and released in a digital
audio file for listening on a computer, tablet, smart phone,
or any other electronic device.
"Electronic book" means a text document that has been
converted into or published in a digital format that is read on
a computer, tablet, smart phone, or any other electronic
device.
"Electronic literary product" means a digital audiobook or
an electronic book.
"Public funds" means any money received or spent by a
library from appropriations, taxes, fees, donations, or
interest.
"Publisher" means one whose business is the manufacture,
promulgation, or sale of books, audiobooks, or other literary
productions, including those in digital form consisting of
text, narration, or imagery.

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"Reasonable technological protection measures" means any
technology that enhances the secure loaning or circulation by
a library of an electronic literary product.
"Reasonable terms" means licensing specifications that
consider publishers' business models as well as libraries'
efficient use of public funds and their mission to provide
equitable access to information and creative works.
Section 10. Library licenses. Any publisher who offers a
contract or license for electronic literary product
acquisition to the public shall offer to license the
electronic literary product to libraries, if purchased with
public funds, on reasonable terms and under reasonable
technological protection measures that will permit libraries
to provide their patrons with access to the electronic
literary products.
(1) Such reasonable terms may include:
(i) limiting the number of total circulations of
an electronic literary product per license, in which
case the price to libraries shall be no more than 100%
of the list (retail) price offered to consumers;
(ii) limiting the number of users to whom
libraries may simultaneously provide access to
electronic literary products; and
(iii) limiting the number of days libraries may
provide a user with access to electronic literary

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products.
(2) Such reasonable technological measures may include
those to:
(i) prevent a user from maintaining access and
providing other users with access to electronic
literary products beyond the access period set forth
in the license;
(ii) limit the loan to a single patron at a time or
for a limited period of time for more than one patron;
and
(iii) prevent any reproduction of copies during
the loan period.
Section 15. Prohibited contract provisions.
(a) A contract or license shall contain no provision that:
(1) restricts or limits a library's right or ability
to loan or circulate electronic books and digital
audiobooks to patrons using reasonable technological
protection measures;
(2) restricts or limits a library's right to make
non-public preservation copies of electronic books or
digital audiobooks;
(3) restricts or limits the use of reasonable
technological protection measures for circulating books to
patrons; or
(4) restricts the number of licenses for electronic

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books or digital audiobooks that libraries may purchase on
the same date available to the public.
(b) The inclusion of a contract provision that violates
this Section shall constitute a violation of this Act.
Section 20. Violation and penalties. A person who violates
the provisions of this Act commits an unlawful practice within
the meaning of the Consumer Fraud and Deceptive Business
Practices Act. A person who violates a provision of this Act
commits a business offense and may be fined not less than
$1,000 nor more than $5,000 for the first offense, and not less
than $1,500 nor more than $5,000 for the second and each
subsequent offense.
Section 99. Effective date. This Act takes effect January
1, 2023.