SF 3685

1st Engrossment - 94th Legislature (2025 - 2026)

Posted on 04/08/2026 10:29 a.m.

A bill for an act
relating to public libraries; prohibiting certain terms in libraries' electronic book
and digital audiobook license agreements or contracts; proposing coding for new
law in Minnesota Statutes, chapter 134.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [134.52] ELECTRONIC BOOK AND DIGITAL AUDIOBOOK LICENSES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Aggregator" means any person in the business of licensing access to electronic
literary material collections that include electronic literary material from multiple publishers.
new text end

new text begin (c) "Borrower" means any person or organization, including another library, to whom
a library loans a copy of electronic literary material.
new text end

new text begin (d) "Digital audiobook" means a sound recording of a reading of any literary production
that has been converted into or published in a digital audio file that may be listened to on
a computer or portable electronic device.
new text end

new text begin (e) "Electronic book" means a text document that has been converted into or published
in a digital format that may be read on a computer or portable electronic device.
new text end

new text begin (f) "Electronic literary material" means any digital audiobook or electronic book.
new text end

new text begin (g) "Library" means:
new text end

new text begin (1) a library that provides free access to all residents of a city or county, receives at least
half of its financial support from public funds, and is organized under the provisions of this
chapter, except that a library under this clause does not include libraries that are law, medical,
or other specific libraries organized to serve a special group of persons and not the general
public;
new text end

new text begin (2) a library jointly operated by a city and a school district under section 134.195;
new text end

new text begin (3) a school district or charter school library or media center under section 124D.991,
including libraries operated by an intermediate school district or cooperative unit under
section 123A.24, subdivision 2; or
new text end

new text begin (4) the Minitex library network.
new text end

new text begin (h) "Loan" means the creation and transmission by a library to a borrower of a copy of
any electronic literary material and the deletion of such copy by the library upon the
expiration of the loan period.
new text end

new text begin (i) "Loan period" means the period of time commencing with the creation and
transmission by a library to a borrower of a copy of any electronic literary material and
concluding with the deletion of the copy by the library, as determined by the library.
new text end

new text begin (j) "Portable electronic device" means any self-contained electronic device for personal
use for communicating, reading, viewing, listening, playing video games, or computing,
including but not limited to a mobile telephone, tablet computer, electronic book reader, or
other similar device.
new text end

new text begin (k) "Technological protection measure" means any technology that enhances the security
of loaning or circulating electronic literary materials by a library.
new text end

new text begin Subd. 2. new text end

new text begin Applicability. new text end

new text begin (a) The provisions of this section shall apply to any contract or
license agreement entered into or renewed by a library in the state with a vendor for the
license of any electronic literary material on and after 60 days following the date the secretary
of state, as certified by the state librarian, determines that a substantially similar law to the
provisions of this section has been enacted in one or more states, not including this state,
and the aggregate population of such state or states equals at least 7,000,000, as enumerated
in the most recent United States decennial census. Each quarter, starting July 1, the state
librarian must certify to the secretary of state the number of states that have enacted any
such substantially similar laws until the number certified reaches the aggregate population
requirement.
new text end

new text begin (b) Not later than 30 days after the date the secretary of state, in consultation with the
state librarian, makes the determination in accordance with paragraph (a), the state librarian
must electronically notify the commissioner of education and all libraries operated by a
state agency of the determination and the date the requirements of this section become
effective. The secretary of state and commissioner of education must ensure that the
determination and effective date are posted on the websites of the office of the secretary of
state and the Department of Education. The secretary of state must electronically notify the
Office of the Revisor of Statutes of the determination and effective date. The secretary of
state must electronically notify all counties, cities, and towns of this state and the
commissioner of education shall electronically notify all public schools, of the determination
and effective date.
new text end

new text begin Subd. 3. new text end

new text begin Contract requirements. new text end

new text begin On and after 60 days following the date of
determination by the secretary of state, in consultation with the state librarian, under
subdivision 2, paragraph (a), no library in the state may enter into or renew any contract or
license agreement with a vendor that precludes, limits, or restricts the library from performing
customary operational or lending functions, including any provision that:
new text end

new text begin (1) prohibits the library from loaning any electronic literary material, including through
any interlibrary loan system;
new text end

new text begin (2) restricts the number of times the library may loan any electronic literary material
over the course of the contract or license agreement if such contract or agreement also
restricts the library's loan period for electronic literary material;
new text end

new text begin (3) limits the number of electronic literary material licenses the library may purchase
on the same date such electronic literary material is made available for purchase by the
public;
new text end

new text begin (4) prohibits the library from making nonpublic preservation copies of any electronic
literary material;
new text end

new text begin (5) restricts the library from disclosing the terms of the contract or license agreement to
any other library in the state;
new text end

new text begin (6) restricts the duration of the contract or license agreement for electronic literary
material unless the library also has the option of a contract or license agreement on
commercially reasonable terms in consideration of the library's mission, that either:
new text end

new text begin (i) is based on a pay-per-use model; or
new text end

new text begin (ii) provides for the perpetual public use of the electronic literary material;
new text end

new text begin (7) requires the library to violate the provisions of section 13.40;
new text end

new text begin (8) provides that the contract or license agreement is not severable from any provision
within the contract or agreement that is found in a judicial forum to be prohibited by this
subdivision; or
new text end

new text begin (9) allows the enforcement of any of the provisions prohibited by this subdivision other
than in a judicial forum.
new text end