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SECOND REGULAR SESSION
SENATE BILL NO. 1136
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR HENDERSON.
4735S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 182, RSMo, by adding thereto one new section relating to reconsideration of
library materials.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 182, RSMo, is amended by adding thereto 1
one new section, to be known as section 182.910, to read as 2
follows:3
182.910. 1. For purposes of this section, the 1
following terms mean: 2
(1) "Digital library material" or "digital library 3
materials", includes, but is not limited to, digital 4
audiobooks, electronic books, electronic textbooks, 5
electronic journals, electronic magazines and periodicals, 6
databases, digital test preparation resources, digital 7
vocational and career resources, digital reference 8
resources, digital readers' advisory resources, streaming 9
video, and academic software programs that are directly 10
accessible through the public library or school library 11
database, excluding any online or digital content available 12
to patrons or students outside of the public library or 13
school library database or platform; 14
(2) "Library material" or "library materials", any 15
resource in print or non-print format that is found in a 16
public library or school library and that supports 17
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curricular or personal information needs, including, but not 18
limited to, books, magazines, newspapers, pamphlets, 19
microfiche, microfilm, films, disc records, filmstrips, 20
slides, prints, audio recordings, video recordings, compact 21
discs, computer software, library programs, and exhibits; 22
(3) "Reconsideration", a process in which library 23
personnel, public schools, school districts, or library 24
governing bodies review materials in the public library or 25
school library due to a formal complaint filed by a member 26
of the community. The outcome of this reconsideration may 27
include relocating or removing library materials or removing 28
or restricting access to digital library materials; 29
(4) "Relocating", removing materials from one part of 30
the library, such as the children's section, and moving them 31
to another part of the library, such as the adult section; 32
(5) "School library", a library located in an 33
attendance center of a public school district. 34
2. A public library or school library shall establish 35
a policy that is publicly available and posted in a public 36
location and on the website of the school district or 37
governing body of the public library that outlines the 38
process for library materials and digital library materials 39
to undergo reconsideration based on a complaint made about 40
library materials or digital library materials from a member 41
of the community. 42
3. A public library or school library shall respond to 43
a reconsideration request by removing library materials from 44
its permanent collection, relocating library materials 45
within its collection, or removing or restricting access to 46
digital library materials within its collection only if the 47
materials have been reviewed in accordance with an 48
established policy for the reconsideration of library 49
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materials and digital library materials that complies with 50
the requirements of this section. 51
4. To make a request for reconsideration of library 52
materials or digital library materials, the individual 53
making the request shall sign an affidavit affirming that: 54
(1) Such individual has read or consumed the entirety 55
of the challenged material; and 56
(2) Such individual permanently resides in: 57
(a) The taxing district of the public library in which 58
the request is made; or 59
(b) The school district in which the request is made. 60
5. Each public library or school library shall develop 61
an appeals process for the reconsideration policy that 62
outlines a process for appealing a decision made regarding 63
the removal of library materials or digital library 64
materials. This appeals process shall provide for a final 65
decision on each appeal to be made by a local elected 66
official or group of officials. 67
6. Digital library materials that undergo 68
reconsideration shall be subject to removal or restricted 69
access at the title, issue, and article level. Any third 70
party contracted to provide databases that contain or 71
provide access to digital library materials shall have the 72
ability to curate those materials using a mechanism or tool 73
that allows for the removal or restriction of access to 74
challenged content without disrupting access to the 75
remainder of digital library materials accessible in the 76
public library or school library. Curation of digital 77
library materials shall not be applied at an individual user 78
level, but shall be applied at the library system or school 79
district level. 80
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7. Digital library resources shall not track or 81
monitor the access of library materials or digital library 82
materials by individual users, including minors, including 83
any tracking or monitoring to personalize experiences within 84
the library resources. 85
8. An individual who is a librarian, media specialist, 86
other employee, contractor, or volunteer of a public library 87
or school library shall not be subject to termination, 88
demotion, discipline, retaliation, or any other penalty for 89
refusing to remove library materials or digital library 90
materials before such materials have been reviewed in 91
accordance with a public library or school library policy 92
that complies with the provisions of this act. 93
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