Bill Text: CA AB1825 | 2023-2024 | Regular Session | Amended
Bill Title: California Freedom to Read Act.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced) 2024-04-30 - Re-referred to Com. on APPR. [AB1825 Detail]
Download: California-2023-AB1825-Amended.html
|
Amended
IN
Assembly
April 29, 2024 |
|
Amended
IN
Assembly
April 01, 2024 |
|
Amended
IN
Assembly
March 21, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1825
| Introduced by Assembly Member Muratsuchi (Principal coauthor: Assembly Member Ward) (Principal coauthor: Senator Min) (Coauthor: Assembly Member Addis) |
January 11, 2024 |
An act to add Chapter 10 (commencing with Section 19800) to Part 11 of Division 1 of Title 1 of the Education Code, relating to libraries.
LEGISLATIVE COUNSEL'S DIGEST
AB 1825, as amended, Muratsuchi.
California Freedom to Read Act.
Existing law establishes a public library system, including school libraries, unified school district and union high school district public libraries, municipal libraries, county free libraries, the California State Library, and library districts. Under existing law, the Legislature declares that the public library is, among other things, a source of information and inspiration to persons of all ages, cultural backgrounds, and economic statuses.
This bill would require the governing board or body of each public library, as defined, including any library, library
operated on a contractual basis for a public entity, to establish a written policy for the selection of library materials and the use of library materials and facilities, and publicly accessible collection development policy, as specified. The bill would require the collection development policy to, among other things, establish a process for community members to challenge library materials and establish that library materials shall not be excluded because of the origin, background, or views of those contributing to the creation of the materials, or because of the topic addressed by the materials
or the views or opinions expressed in the materials. The bill would prohibit the governing board or body of a public library from proscribing the circulation or procurement of books or other resources in a public library because of the topic addressed by the materials or because of the views, ideas, or opinions contained in those materials. The bill would also prohibit a public library from exercising the discretion to determine the content of library materials in a manner that discriminates against or excludes materials based on specified protected characteristics, on the basis that the materials contain inclusive and diverse perspectives, or on the basis that the materials may include sexual content, as provided. The bill would provide that a person’s right to use a public library and its resources shall not be denied or abridged solely because of personal characteristics, age, background, or views. The bill would authorize a user of a public library to commence a civil action to obtain appropriate
injunctive and declaratory relief for violations of these provisions. The bill would provide that these provisions apply to a public library, as defined, including any public library operated by a city, county, special district, or joint powers authority, except that these provisions do not apply to any public library operated by the governing board of a school district, a county board of education, or the governing body of a charter school. To the extent these provisions impose additional duties on public libraries, the bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide
that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 10 (commencing with Section 19800) is added to Part 11 of Division 1 of Title 1 of the Education Code, to read:CHAPTER 10. California Freedom to Read Act
19800.
This chapter shall be known, and may be cited, as the California Freedom to Read Act.19801.
The Legislature finds and declares all of the following:(a) Libraries are essential for information, education, and enlightenment of all people of the community the library serves.
(b) Libraries provide access to books that offer teachable moments for readers of all ages and expand our understanding of people with different backgrounds, ideas, and beliefs.
(c) A person’s right to use a library should not be denied or abridged solely because of personal characteristics, age,
background, or views.
(d) Removing and banning books from public libraries are dangerous acts of government censorship and erode our country’s commitment to freedom of expression and the right to receive information.
(e) Librarians are professionals trained to not impose their own thoughts and opinions on which ideas are right, but to make knowledge and ideas available so that people have the freedom to choose what to read.
(f) Librarians and library staff receive extensive professional training to develop and curate collections to meet the broad and diverse interests of their communities, which include,
but are not limited to, literary value and developmental appropriateness of material.
19802.
(a) (1) The governing board or body of each public library in the state, including any library operated on a contractual basis for a public entity, shall(A) Establish a process for community members to challenge library materials.
(B) Guide the selection and deselection of printed and electronic resources, and also address access, acquisition, processing, discarding, and retention of library materials.
(C) Meet the broad and diverse interests of the community and respect both the library’s autonomy and
their specific community needs.
(A)
(D) Establish that the public library serves as a center for voluntary inquiry and the dissemination of information and ideas.
(B)
(E) Establish that library materials shall not be excluded from the library collection because of the
origin, background, or views of those contributing to the creation of the materials, or because of the topic addressed by the materials or the views or opinions expressed in the materials.
(C)
(F) Acknowledge that library materials should be provided for the interest, information, and enlightenment of all people, and should present diverse points of view in the collection as a whole.
(D)
(G) Acknowledge the right of the public to receive access to a range of social, political, aesthetic, moral, and other ideas and experiences.
(2)Written policies established in accordance with and acknowledging the American Library Association’s Library Bill of Rights and its interpretations shall be deemed in compliance with the requirements of paragraph (1).
(2) Copies of the adopted collection development policies shall be sent to the California State Library for review by January 1, 2026.
(b) (1) The governing board or body of a public library shall not proscribe or prohibit the circulation or procurement of any book, audio, film, instructional material, or other resource in a public library because of
the topic addressed by the materials or because of the views, ideas, or opinions contained in those materials.
(2) The discretion to determine the content of materials in public libraries shall not be exercised in a manner that discriminates against or excludes materials based on race, nationality, gender identity, sexual orientation, religion, disability, political affiliation, or socioeconomic status, on the basis that the materials under consideration contain inclusive and diverse perspectives, or on the basis that the materials may include sexual content, unless that content qualifies as obscene under United States Supreme Court precedent.
(3) Any decision by a public library to remove a book shall conform to the requirements of the First Amendment to the
United States Constitution and Section 2 of Article I of the California Constitution.
(4) The governing board or body of a public library shall not create policies or procedures that limit or restrict access to books and other resources offered by the public library unless the policies or procedures are adopted to preserve the safety or security of the library’s materials, are time, place, and manner restrictions not based on the content of materials, or are programs that provide for the effective management of the library and its resources to preserve access for all library users.
(c) A person’s right to use a public library and its resources shall not be denied or abridged solely because of personal characteristics, age, background, or views.
(d) All people, regardless of personal characteristics, age, background, or views, possess a right to privacy and confidentiality in their use of a public library.
(e) A user of a public library at the time that the public library took an action, or is continuing to take an action, in violation of this section may commence a civil action to obtain appropriate injunctive and declaratory relief as determined by the court.
(f) This section applies to a public library, as defined in Section 18015, including any public library operated by a city, county, special district, or joint powers authority, except that it does not apply to any public library operated by the governing board of a school
district, a county board of education, or the governing body of a charter school.
