HARTFORD, CT – In a major step toward preserving affordable access to knowledge, advancing social equity, and easing local tax burdens, the Connecticut State Senate has passed Senate Bill 1234, An Act Making Certain Terms in Electronic Book and Digital Audiobook License Agreements or Contracts Unenforceable. Championed by Senator Tony Hwang (R—Fairfield), the bipartisan legislation ensures that publicly funded libraries are no longer subjected to unfair or restrictive digital content licensing agreements.
“This bill promotes fairness, transparency, and access - while helping reduce the financial strain on local libraries and taxpayers,” said Senator Tony Hwang. “It’s about balancing federal intellectual property protections with practical reforms to contract law - so that Connecticut’s municipalities and local property taxpayers can support their libraries and ensure digital access for all residents, regardless of income or background.”
S.B. 1234 prohibits public libraries from entering contracts with publishers with licensing terms that:
1. prohibit the library from lending any electronic literary material, including through an interlibrary loan;
2. restrict the number of times the library may loan electronic literary material over the course of the agreement if it also restricts the library’s loan period for the material;
3. limit the number of licenses the library can buy on the day the material is made available for public purchase;
4. prohibit the library from making nonpublic preservation copies;
5. restrict the library from disclosing an agreement’s terms to another Connecticut library;
6. restrict the agreement’s duration unless the library also has the option of an agreement on commercially reasonable terms, considering the library’s mission, that allows (a) a pay-per-use model or (b) perpetual public use of the electronic literary material;
8. are non-severable from any of its provisions that a judicial forum finds prohibited by the bill;
9. allow any of the bill’s prohibited provisions to be enforced outside of a judicial forum (e.g., through arbitration).
The legislation respects federal copyright and intellectual property law while targeting unfair and unenforceable contract terms that hinder access, affordability, and public transparency.
“Digital content is no longer a luxury, it is a necessity,” Hwang said. “Libraries must be empowered to lend digital books just as they do print ones. This legislation protects that fundamental public service while sending a clear message to the publishing industry: partner with us to expand access, not restrict it.”
The legislation arrives at a critical time, as Connecticut libraries face rising digital demand and shrinking federal and local budget support. Because most public libraries rely on municipal budgets and private community donations, excessive licensing costs place a disproportionate burden on local taxpayers. There is also a trigger clause that was passed through Amendment A, LCO 8035, which effectively states that when one or more states with an aggregate of 7,000,000+ people pass similar laws, then this will go into effect.
“This bill is not just about reducing municipal costs - it’s also about expanding opportunity,” Hwang added. “By leveling the playing field for libraries, we’re helping ensure that every resident - no matter their zip code or socioeconomic status - can access the books and knowledge they need to learn, grow, and succeed.”
SB 1234 is a meaningful step toward social equity, ensuring that libraries remain vital, inclusive gateways to information, especially for low-income families, seniors, students, and underserved communities.
“Libraries are the great equalizer in our society,” Hwang concluded. “This legislation strengthens their role in delivering knowledge, dignity, and opportunity to all—and does so in a way that’s fiscally responsible and legally sound.”
The bill now moves to the House of Representatives, where there is strong momentum among advocates, municipal leaders, and library supporters for its swift passage.