HB 5236 Illinois House · 104th Regular Session

DIGITAL LIBRARY PROTECTION ACT

Summary

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.

Bill status passed 3 of 5 stages cleared

Introduction

Apr 2026

Committee Review

Apr 2026

House Passage

Apr 2026

Senate Passage

Governor

Introduced Apr 21, 2026 Last action Jul 13, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced → Engrossed · 5 edits · Apr 17, 2026

MODERATE

The bill was updated from an introduced draft to an engrossed version, incorporating significant policy changes to strengthen library protections. The definition of 'Publisher' was expanded to explicitly include aggregators, and the list of prohibited contract terms was updated to require that libraries not be coerced into violating privacy laws. New sections were added to clarify that the law applies to both in-state and out-of-state libraries, establish that the law is governed by Illinois law regardless of contract terms, and declare any contract violating these rules as void.

Scope change

The bill's applicability was broadened to cover contracts with libraries located outside the state and to explicitly address existing contracts entered into before the law takes effect.

DEFINITION

Expanded the definition of 'Publisher' to explicitly include any aggregator who contracts with libraries to provide materials.

REQUIREMENT

Updated the list of prohibited contract terms to include clauses that require, coerce, or enable a library to violate the Library Records Confidentiality Act.

SCOPE

Added new sections stating the law applies to libraries located outside Illinois and that the law is governed by Illinois law, overriding any conflicting choice-of-law clauses in contracts.

TIMELINE

Added a specific exemption stating that the new rules do not apply to contracts entered into before the effective date of the Act.

ENFORCEMENT

Added a section clarifying that contracts violating the Act are deemed unenforceable and void, and that waivers of the Act's protections are also invalid.

Floor votes · House Apr 17, 2026

How they voted

97–0

Passed · 19 other

Total votes 116

Apr 17, 2026

D Democratic76

64 Yea 12

84% Yea

R Republican40

33 Yea 7

82% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Apr 21, 2026

Committee

Referred to Assignments

upper

Apr 21, 2026

Introduced

Arrive in Senate

upper

Apr 17, 2026

Lower · Passed

Third Reading - Short Debate - Passed 099-000-001

lower

Apr 17, 2026

Lower · Passed

House Floor Amendment No. 2 Adopted

lower

Apr 17, 2026

Lower · Passed

House Floor Amendment No. 1 Adopted

lower

Apr 17, 2026

Lower · Passed

House Floor Amendment No. 2 Recommends Be Adopted Executive Committee; 012-000-000

lower

Apr 17, 2026

Lower · Passed

House Floor Amendment No. 2 Rules Refers to Executive Committee

lower

Apr 16, 2026

Committee

House Floor Amendment No. 2 Referred to Rules Committee

lower

Apr 16, 2026

Introduced

House Floor Amendment No. 2 Filed with Clerk by Rep. Tracy Katz Muhl

lower

Apr 14, 2026

Lower · Passed

House Floor Amendment No. 1 Recommends Be Adopted Consumer Protection Committee; 009-000-000

lower

Apr 14, 2026

Lower · Passed

House Floor Amendment No. 1 Rules Refers to Consumer Protection Committee

lower

Apr 13, 2026

Committee

House Floor Amendment No. 1 Referred to Rules Committee

lower

Apr 13, 2026

Introduced

House Floor Amendment No. 1 Filed with Clerk by Rep. Tracy Katz Muhl

lower

Mar 24, 2026

Lower · Passed

Do Pass / Short Debate Consumer Protection Committee; 006-003-000

lower

Mar 4, 2026

Committee

Assigned to Consumer Protection Committee

lower

Feb 10, 2026

Committee

Referred to Rules Committee

lower

2 primary · 42 co-sponsors