The bill establishes new regulations for county and school libraries regarding access to sexually explicit materials by minors. It defines "children's section" and "sexually explicit material," and mandates that no sexually explicit materials be accessible in the children's sections of public and school libraries. Libraries are required to catalog and store such materials in areas designated for adults aged eighteen and older. Additionally, the bill outlines a process for residents to challenge the presence of sexually explicit materials in these sections, including the establishment of forms for challenges, a review process, and a timeline for decisions. Failure to comply with these requirements by August 1, 2026, will result in a civil penalty of $500 per day.

Furthermore, the bill provides a cause of action for residents against libraries or school districts that violate these provisions, stipulating that lawsuits can only be initiated after the challenge process has been completed. The court may grant various forms of relief, including damages and attorney fees for the prevailing party. The bill also amends existing definitions and liability provisions related to governmental entities and their employees. The act is set to take effect on July 1, 2026.

Statutes affected:
Introduced: 1-39-103, 1-39-104