Legislative Analysis
Phone: (517) 373-8080
LIBRARY FREEDOM TO READ ACTS
http://www.house.mi.gov/hfa
House Bills 6034 and 6035 as introduced Analysis available at
Sponsor: Rep. Veronica A. Paiz http://www.legislature.mi.gov
Committee: Government Operations
Complete to 12-3-24
SUMMARY:
House Bills 6034 and 6035 would each create a new act, respectively called the Public Library
Freedom to Read Act and the District Library Freedom to Read Act. The bills would provide
standards and processes for the selection of materials to be included in, or withdrawn from, a
public or district library’s collection. The bills are identical, except that HB 6034 would apply
to public libraries and HB 6035 would apply to district libraries. The bills are described
together below, where the term library is used to include both public and district libraries.
Public library (HB 6034) would mean a library, the whole interests of which belong
to the general public, lawfully established for free public purposes by any one or more
counties, cities, townships, villages, school districts or other local governments, or by
a general or local act. Public library would not include a district library or a special
library, such as a professional or technical library or a school library.
District library (HB 6035) would mean a district library established under the District
Library Establishment Act, which allows two or more cities, villages, school districts,
townships, or counties to establish a district library under conditions and parameters
provided in that act. 1
Responsibility for selection
Under the bills, except as otherwise provided by law, the director would have the final
responsibility for the selection of materials for inclusion or withdrawal in a library’s
collection. If the library has no director, the final responsibility would belong to the chief
executive employee working at the library. The director or chief executive employee could
designate another individual to act on their behalf to assist with selection or withdrawal.
Selection would mean the process by which a library determines which items to include
in the library’s collection, through purchase, donation, or other means.
Material would mean an individual book, magazine, DVD, CD-ROM, or other audio-
visual material that is a tangible item or an electronically available item in the library’s
collection. Material would include a library program. Material would not include any
of the following:
• A website available through the library’s computers or internet connection.
• An item available through interlibrary loan.
• A program not sponsored or operated by the library.
• A label placed on materials.
1
https://www.legislature.mi.gov/Home/RenderDoc?objectName=mcl-Act-24-of-1989
House Fiscal Agency Page 1 of 4
 • A library’s display or location of its materials.
• An item available through databases or electronic services for which the library
does not have direct control or authority for selection.
Withdrawal would mean the routine or periodic removal of materials from a library’s
collection for reasons stated in the library’s policy.
Required library policy
No later than 90 days after the bill takes effect, a library would have to have a policy that
identifies at least all of the following:
• Standards for selection of material for the library’s collection.
• Standards for the withdrawal of material from the library’s collection.
• A process for a request for reconsideration of the inclusion of material in the library’s
collection.
• Conditions that must be met before the library will review a request for reconsideration.
These could include any of the following:
o The reason for the request for reconsideration. (A library could not consider a
reason that does not comply with the bills.)
o That the individual making the request for reconsideration certifies that they
have read the entire material before filing the request. (If the request involves
a program, they would have to certify that they have attended the program or
read the program description, and it involves audio or video material, they
would have to certify that they have listened to or viewed the entire material.)
o A request for reconsideration may be made only by a resident of the library’s
legal service area or contracted service area.
o If a request for reconsideration has been determined by the library, the library
shall not consider a request for reconsideration of the same material within 365
days after that determination.
o That, under unusual circumstances, the library may extend the period during
which the library must respond to the request for reconsideration.
o Any other lawful requirement.
Request for reconsideration would mean a request to remove material from a library’s
collection other than through the withdrawal process.
Legal service area would mean either of the following, as applicable:
• For a district library (HB 6035), the district library’s district.
• For a public library (HB 6034), any of the following:
o The city, township, or village in which a public library is established
under 1877 PA 164 by charter or ordinance. 2
o The county in which a county library is established under 1917 PA
138. 3
o The jurisdiction in which a public library has been established by a
local or special act.
2
https://www.legislature.mi.gov/Home/RenderDoc?objectName=mcl-Act-164-of-1877
3
https://www.legislature.mi.gov/Home/RenderDoc?objectName=mcl-Act-138-of-1917
House Fiscal Agency HBs 6034 and 6035 as introduced Page 2 of 4
 Contracted service area would mean a jurisdiction for which a library receives state
aid under the State Aid to Public Libraries Act or 1964 PA 59 pursuant to a contract. 4
Unusual circumstances would mean one or more of the following, but only to the
extent necessary for the proper processing of a request for reconsideration:
• The need to examine or review a voluminous number of separate and distinct
requests for reconsideration that were submitted at the same time or within the
same 30-day period.
• The need to provide sufficient time for an individual responsible for reviewing
or deciding the request for reconsideration to review the material.
• The need to schedule a library board meeting to address a request for
reconsideration.
Requests for reconsideration
The following would apply to a request for reconsideration:
• A request for reconsideration could be made to a library only for material owned or
controlled by that library.
• A request for reconsideration could not be made based on the religion, race, color,
national origin, age, sex, sexual orientation, gender identity or expression, height,
weight, familial status, or marital status of the author or because the subject matter,
content, or viewpoint of the material involves religion, race, color, national origin, age,
sex, sexual orientation, gender identity or expression, height, weight, familial status, or
marital status. The director or chief executive employee would have discretion to
determine if the reasons stated in a request for reconsideration comply with these
provisions.
• A library could not grant a request for reconsideration based on the subject matter,
content, or viewpoint of material, unless the material has been adjudicated to be
obscene or otherwise unprotected by the First Amendment of the Constitution of the
United States or section 5 of Article I of the state constitution, as determined by a court
of competent jurisdiction over the community the library serves.
Civil actions
The attorney general could, on behalf of the Library of Michigan, commence a civil action
seeking a mandamus or other action to compel a library to adopt a policy in compliance with
the bills.
The attorney general or a resident of the library’s legal service area or contracted service area
could commence a civil action for any of the following:
• A temporary or permanent injunction to prevent the library from unlawful removal of
material in violation of the bills.
• A mandamus or other action to compel the library to return material to the collection
that is removed in violation of the bills.
Neither bill can take effect unless both bills are enacted.
4
https://www.legislature.mi.gov/Home/RenderDoc?objectName=mcl-Act-89-of-1977
and https://www.legislature.mi.gov/Home/RenderDoc?objectName=mcl-Act-59-of-1964
House Fiscal Agency HBs 6034 and 6035 as introduced Page 3 of 4
FISCAL IMPACT:
House Bills 6034 and 6035 may create costs for the state and for certain public and district
libraries.
The bills give the attorney general the authority to commence civil action to compel libraries
to meet the requirement for a policy described within the bills. The attorney general and
residents of the library’s legal service area or contracted service area are also given the
authority to commence civil action to prevent the unlawful removal of material or to compel a
library to return material to the collection. Public and district libraries could incur legal
expenses as a result. Costs incurred by the attorney general from pursuing any potential civil
action under the bills would likely be supported by ongoing annual appropriations.
In addition, certain public and district libraries may incur costs to develop a policy that includes
standards for material selection and withdrawal, a process for a request for reconsideration,
and the conditions that must be met before reviewing a request for reconsideration. These costs
would likely be absorbed using existing staff time.
Legislative Analyst: Rick Yuille
Fiscal Analysts: Noel Benson
Michael Cnossen
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HBs 6034 and 6035 as introduced Page 4 of 4