IL SB3167

Creates the Equitable Access to Electronic Literature Act, requiring publishers who offer electronic books or digital audiobooks to the public to also license them to libraries purchasing with public funds on reasonable terms and with reasonable technological protections.

Defines "reasonable terms" as licensing specifications that balance publishers' business models with libraries' need to efficiently use public funds and provide equitable access to information and creative works.

Permits reasonable terms to include limiting total circulations per license (capped at 100% of retail price), limiting simultaneous users, and limiting access duration; permits technological measures such as preventing access beyond the license period, limiting loans to one patron at a time, and preventing reproduction during loans.

Prohibits contract provisions that restrict libraries' rights to loan or circulate materials using reasonable protections, make preservation copies, use reasonable technological measures for circulation, or that limit the number of licenses libraries may purchase on the same public availability date.

Classifies violations as unlawful practices under the Consumer Fraud and Deceptive Business Practices Act with penalties of $1,000 to $5,000 for first offense and $1,500 to $5,000 for subsequent offenses; effective January 1, 2023.