HB 2408 -- DISBURSEMENTS OF FUNDS BY THE STATE LIBRARIAN

SPONSOR: Gragg

This bill prohibits the State Librarian from disbursing any State, Federal, or other funds to a public library or school library that is otherwise eligible to receive disbursements of funding from the State Librarian unless such library certifies in writing that:

(1) The library has adopted or will adopt a written, publicly accessible collection development policy that addresses how selections are made, with particular attention to the appropriateness for the age and maturity level of any person less than 18 years of age who accesses any material in any form;

(2) No funds shall be used to purchase or acquire material that constitutes "child pornography", is "pornographic for minors", or is "obscene";

(3) The library has adopted or will adopt a written, publicly accessible policy allowing a minor's parent or guardian to determine what materials and access will be available to such minor, and no person employed by or acting on behalf of the library shall knowingly grant to a minor access to any material in any form not approved by such minor's parent or guardian;

(4) No age-inappropriate materials in any form, as defined in the library's collection development policy, shall be knowingly displayed in the library areas designated by the library as containing materials predominantly for minors;

(5) No event or presentation shall be held at the library without an age-appropriate designation affixed to any publication, website, or advertisement for such event or presentation; and

(6) The library has adopted or will adopt a written, publicly accessible library materials challenge policy by which any person may dispute or challenge the library's age-appropriate designation, with any such dispute made public.

In the event that a person or institution knowingly violates the provisions of this bill, the person or institution shall be liable to the injured party, and subject to a civil penalty of $500 per occurrence.

This bill is similar to HB 1574 (2024) and HB 1159 (2023).

Statutes affected:
Introduced (5134H.01): 143.183, 181.060, 181.075