Amends the Digital Library Protection Act. Provides that no publisher shall enter into a contract or license agreement to distribute electronic literary materials to a library that: (1) restricts the library from performing customary operational functions; (2) restricts the library from performing customary lending functions; (3) restricts the library from disclosing the terms of the contract or license agreement to any other library in the State; or (4) requires the library to violate the Library Records Confidentiality Act. Provides that a violation of the Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides that any contract to license electronic literary materials to a library that includes a provision prohibited under the Act is deemed unenforceable and void. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change. Effective immediately.
House Floor Amendment No. 1: Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides that no publisher shall enter into a contract or license agreement to distribute electronic literary materials to a library that requires, coerces, or enables (rather than requires) the library to violate the Library Records Confidentiality Act. Provides that the Act applies to any contract or license agreement to distribute electronic literary materials to: (1) a library located in the State; or (2) a library consortium acting on behalf of one or more libraries located in the State. Sets forth provisions concerning governing law and forum. Provides that a library, library consortium, or library officer acting within the scope of official duties on behalf of a library or library consortium may bring an action for declaratory or injunctive relief to enforce the Act. Adds a severability clause. Makes other changes. Effective immediately.
House Floor Amendment No. 2: Specifies that the contract-related limitations of the Act apply to libraries (rather than publishers). Deletes provisions which specify that violations of the Act constitute an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.

Statutes affected:
Introduced: 815 ILCS 505/2