This amendment would make the following changes to House Bill 119: 1.

Plain English Breakdown

Checked against official source text during the last sync.

Changes to Library Material Review Process

This amendment changes how public library materials are reviewed and removed during the process, who can file objections, and sets limits on when new reviews can start.

What This Bill Does

• Requires that library materials under review be taken off shelves until the review is finished.
• Allows taxpayers of a library district to object to library material, not just residents or property owners.
• Permits one person to file up to five objections at once instead of filing them separately.
• Stops new reviews from starting for a year after an old review ends.
• Limits the time for completing a review process to 30 days.

Who It Names or Affects

• Public libraries and their staff
• People who use public libraries
• Taxpayers of library districts

Terms To Know

Library district

An area where residents pay taxes to support a specific public library.

Review process

The steps taken by libraries to examine and decide on the status of materials that are challenged or objected to.

Limits and Unknowns

• This amendment was defeated in the House, so it did not become law.
• It only affects Kent County because of its unique financing arrangement for public libraries.

Official Summary Text

This amendment would make the following changes to House Bill 119:
1. Require the brief removal of public library materials under review during the review process.
2. Expand those with standing to file an objection to library material to include the taxpayers of library districts. Kent County residents pay to use libraries in certain incorporated areas, but may not be residents of these municipalities. The current language of the bill would exclude potential objections of these stakeholders. This aspect of the amendment seeks to correct this inadvertent oversight. Kent County is the only county with this hybrid financing arrangement.
3. Allow an individual to file up to five objections at one time. This change would be more efficient, preventing the need to file and review similar objections to related material in a serial fashion.
4. Limit the review of any material by requiring a one-year period between the end of the review process and the filing of a new objection. This change would prevent bad actors from seeking to keep targeted material out of circulation by filing repeated challenges.
5. Limit the review period to no longer than 30 days after the initial receipt of the objection.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Dukes

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 2

TO

HOUSE BILL NO. 119

AMEND House Bill No. 119 by deleting lines 35 through 41 in their entirety and inserting in lieu thereof:

“

(1) Library materials under review due to an objection must be removed from public access until the review process is concluded. The review process must be concluded within 30 days of receipt of an objection.

(2) Only a resident, business owner, property owner of the area the public library serves, or a taxpayer of a library district financing a library, may submit an objection to material in that library.

(3) An individual may submit up to five objections to library material at a time. An individual may submit additional objections to library material after the review process has been completed on the previous objections, including any appeals.

”.

FURTHER AMEND House Bill No. 119 by inserting after line 41 the following:

“

(4) Material that has been previously reviewed will not be considered for further review within one year of the conclusion of the previous review process, including any appeals.

”.

SYNOPSIS

This amendment would make the following changes to House Bill 119:

1. Require the brief removal of public library materials under review during the review process.

2. Expand those with standing to file an objection to library material to include the taxpayers of library districts. Kent County residents pay to use libraries in certain incorporated areas, but may not be residents of these municipalities. The current language of the bill would exclude potential objections of these stakeholders. This aspect of the amendment seeks to correct this inadvertent oversight. Kent County is the only county with this hybrid financing arrangement.

3. Allow an individual to file up to five objections at one time. This change would be more efficient, preventing the need to file and review similar objections to related material in a serial fashion.

4. Limit the review of any material by requiring a one-year period between the end of the review process and the filing of a new objection. This change would prevent bad actors from seeking to keep targeted material out of circulation by filing repeated challenges.

5. Limit the review period to no longer than 30 days after the initial receipt of the objection.