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SECOND REGULAR SESSION
[PERFECTED]
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 3005
103RD GENERAL ASSEMBL Y
6250H.02P JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 182, RSMo, by adding thereto one new section relating to reconsideration
of materials in libraries.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 182, RSMo, is amended by adding thereto one new section, to be
2 known as section 182.910, to read as follows:
182.910 . 1. For purposes of this section, the following terms mean:
2 (1) "Digital library material" or "digital library materials", includes, but is not
3 limited to, digital audiobooks, electr onic books, electr onic textbooks, electr onic journals,
4 electr onic magazines and periodicals, databases, digital vocational and career reso urces,
5 digital r efer ence res our ces, streamin g video, and academic software pr ograms that are
6 dir ectly accessible thr ough the public library or school library database, excluding any
7 online or digital content available to patro ns or students outside of the public library or
8 school library database or platform;
9 (2) "Material" or "materials", any of the following that is available for
10 cir culation to the public or public school students that is printed or written: any pictur e,
11 drawing, photograph, motion picture film, videotape or videotape pr oduction, or
12 pictorial r epresent ation; any recor ding or transcription; any mechanical, chemical, or
13 electrical r eprod uction; any stored computer data; or anything that is or may be used as
14 a means of communication. "Material" includes, but is not limited to, undeveloped
15 photographs, molds, printing plates, stored computer data, and other latent
1 6 r epresent ational objects;
17 (3) "Minor", any person under eighteen years of age;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 (4) "Reconsideration", a pr ocess in which library personnel, public schools,
19 school districts, or library governing bodies rev iew materials in the public library or
20 school library due to a formal r equest or complaint. The outcome of this
2 1 r econsideration may include relocat ing or rem oving materials or rem oving or
22 r estricting access to digital library materials;
23 (5) "Relocation", changing the permanent shelving location of material fr om one
24 section of the public library or school library to another location or section of the public
25 library or school library as a res ult of the final decision of a recon sideration reque st;
26 (6) "School library", a library located in a public school, as that term is defined
27 under section 160.482.
28 2. A public library or school library shall establish a policy that is publicly
29 available and posted in a public location and on the website of the school district or
30 governing body of the public library that outlines the pr ocess for materials and digital
31 library materials to undergo reco nsideration based on a r equest or complaint made
32 about materials or digital library materials to a:
33 (1) Public library fr om a member of the public library's community; or
34 (2) School library fro m a par ent or legal guardian of a student enro lled in the
35 public school of that school library .
36 3. A public library or school library shall rem ove materials fr om its permanent
37 collection, r elocate materials within its collection, or r emove access to digital library
38 materials within its collection only if the materials have been r eviewed in accordance
39 with an established policy for the rec onsideration of materials and digital library
40 materials that complies with the req uirements of this section, except ro utine collection
41 management. Materials or digital library materials shall not be rem oved or r elocated
42 fr om cir culation while reconside ration is pending. Removal or relocation of materials
43 and rem oval of access to digital library materials shall only apply to the public library
44 or school library location fr om which the reconsid eration r equest was filed.
45 4. T o make a r equest for reconside ration of materials or digital library
46 materials, the individual making the re quest shall sign a form affirming that:
47 (1) Such individual has read or consumed the entiret y of the challenged
48 material; and
49 (2) Such individual:
50 (a) Permanently res ides in the taxing district of the public library in which the
51 r equest is made and holds a library card for the public library in which the requ est is
52 made; or
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53 (b) Permanently res ides in the school district in which the requ est is made and is
54 the paren t or legal guardian of a student enr olled in the public school in which the
55 r equest is made.
56 5. Each public library or school library shall develop an appeals proce ss for the
57 r econsideration policy that outlines a pr ocess for appealing a decision made r egarding
58 the re moval or relo cation of materials or digital library materials. A rec ord of all
59 appeals requ ested and the appeals' outcomes shall be made available by a public library
60 or school library upon req uest.
61 6. A public library or school library shall not r econsider the same material mor e
62 than once every two years; except that, the public library or school library may
63 establish a policy for the reconsid eration of material that is longer than two years. A
64 public library or school library shall also develop a rei nstatement timeline and pro cess
65 to outline how the public library or school library may rein state the availability of
66 material or retu rn material to its pr evious shelving location.
67 7. For digital library materials under reconsider ation, any database that
68 aggr egates electr onic periodical publications, including newspapers, magazines,
6 9 academic and res ear ch journals, or similar , regu larly issued publications, shall be
70 subject to rem oval at the title, issue, or article level. Any third party contracted to
71 pr ovide databases that contain or pro vide access to digital periodicals shall have the
72 ability to curate those materials using a mechanism or tool that allows for the r emoval of
73 challenged content without disrupting access to the rem ainder of digital library
74 materials accessible in the public library or school library . Digital library databases
75 that do not aggreg ate periodical content shall not be requ ired to conduct this level of
76 curation. Curation of digital library materials shall not be applied at an individual user
77 level, but shall be applied at the public library or school library wher e the
78 r econsideration r equest was filed.
79 8. T o protect a user's privacy and data security , especially if such user is a minor ,
80 digital library r esour ces shall not be r equir ed to track or pr ovide third-party
81 notification r egarding digital library materials accessed by individual users via public
82 library databases and school library databases.
83 9. An individual who is a librarian, media specialist, other employee, contractor ,
84 or volunteer of a public library or school library shall not be subject to termination,
85 demotion, discipline, ret aliation, or any other penalty for ref using to rem ove materials
86 or digital library materials before such materials have been r eviewed in accordance with
87 a public library or school library policy that complies with the pr ovisions of this section.
✔
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