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.