The bill introduces new affirmative defenses for individuals charged with offenses related to the enticement of minors, contributing to their delinquency, and distributing indecent material to minors, specifically if the defendant was acting in their capacity as an employee or official of a school, museum, or public library. Additionally, the bill establishes comprehensive policies for public and school libraries regarding the curation and reconsideration of library materials. It mandates that librarians curate materials based on a model policy set by the commissioner, which emphasizes the importance of free expression and prohibits censorship based on the content's origin, background, or viewpoints.

Furthermore, the bill outlines procedures for individuals to request the reconsideration of library materials, ensuring that challenged materials remain accessible during the review process. It also protects library employees from civil and criminal liability for actions taken in good faith under this section. The legislation prohibits government entities from censoring library materials and allows for legal action against entities that violate these provisions, including the potential for damages and attorney fees for prevailing plaintiffs. Overall, the bill aims to safeguard access to diverse library materials while providing legal protections for library staff and users.

Statutes affected:
SB0238A, AM SB 238, introduced 02/09/2026: 11.41.452, 11.51.130, 11.61.128