Bill Text: MI HB4136 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Libraries: policies and practices; restricted viewing area for obscene, pornographic material in libraries; require. Amends 1982 PA 455 (MCL 397.601 - 397.606) by adding sec. 5a.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2023-02-22 - Bill Electronically Reproduced 02/22/2023 [HB4136 Detail]
Download: Michigan-2023-HB4136-Introduced.html
HOUSE BILL NO. 4136
A bill to amend 1982 PA 455, entitled
"The library privacy act,"
(MCL 397.601 to 397.606) by adding section 5a.
the people of the state of michigan enact:
Sec. 5a. (1) If a library makes available to the public material that is either obscene or sexually explicit matter that is harmful to minors, the governing body of that library shall adopt and require enforcement of a policy addressing material that is obscene or sexually explicit matter that includes both of the following:
(a) The material must be kept in a restricted area of the library accessible only to individuals who are 18 years of age or older.
(b) The material must be viewed only in a restricted area described in subdivision (a) or be borrowed by an individual who is 18 years of age or older and viewed outside of the library.
(2) Beginning 90 days after the effective date of the amendatory act that added this section, if an individual finds a library is not in compliance with this section, that individual may file a complaint against the governing body of the library in a court of competent jurisdiction. If the court finds that the governing body of the library has failed to comply with subsection (1), the court shall order the library to be closed to the public until the governing body of the library demonstrates to the court that it has complied with subsection (1).
