Free to Learn - Library Bill of Rights Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 902

Short Title: Free to Learn - Library Bill of Rights Act. (Public)
Sponsors: Representatives von Haefen, Morey, Dew, and Greenfield (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
April 14, 2025
*H902-v-1*
A BILL TO BE ENTITLED 1
AN ACT ENACTING THE FREE TO LEARN – LIBRARY BILL OF RIGHTS A CT AND 2
APPROPRIATING FUNDS FOR THAT PURPOSE. 3
The General Assembly of North Carolina enacts: 4
SECTION 1.1.(a) The General Statutes are amended by adding a new Chapter to 5
read: 6
"Chapter 125A. 7
"Free to Learn – Library Bill of Rights. 8
"Article 1. 9
"General Provisions. 10
"§ 125A-1. Short title. 11
This Chapter shall be known and may be cited as the "Free to Learn – Library Bill of Rights 12
Act." 13
"§ 125A-2. Purpose. 14
The purpose of this Chapter is to establish and protect the rights of North Carolina residents 15
to access information, preserve intellectual freedom, maintain privacy, and participate in library 16
services without discrimination or undue restriction. 17
"§ 125A-3. Definitions. 18
The following definitions apply in this Chapter: 19
(1) City. – As defined in G.S. 160A-1. 20
(2) Interlocal agreement. – An agreement between two or more governmental 21
units to jointly provide library services pursuant to G.S. 160A-461. 22
(3) Library. – As defined in G.S. 125-18. 23
(4) Library materials. – Books, periodicals, newspapers, audio and video 24
recordings, online resources, databases, and other information resources made 25
available by a library, and as defined in G.S. 153A-263. 26
(5) Library programs. – Educational, cultural, recreational, or informational 27
events, activities, or presentations sponsored or cosponsored by a library. 28
(6) Library records. – As defined in G.S. 125-18. 29
(7) Library services. – Programs, activities, and functions provided by a l ibrary 30
to its users, consistent with the "free library services " provisions in 31
G.S. 125-14 and G.S. 153A-264. 32
(8) Regional library system. – A library system established pursuant to G.S. 125-8 33
that serves multiple counties or cities through a cooperative arrangement. 34
"§ 125A-4. Scope; application. 35
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(a) The provisions of this Chapter apply to all libraries in this State. 1
(b) This Chapter applies to online services, digital resources, and internet access provided 2
by libraries, as well as to physical materials and in-person services. 3
(c) The rights established in this Chapter supplement and do not replace or supersede 4
other rights and responsibilities regarding library operations, management, and services 5
otherwise expressly stated in Chapter 125, 153A, or 160A of the General Statutes. 6
(d) Nothing in this Chapter restricts the authority granted to libraries, library boards, or 7
the State Library under Chapter 125, 153A, or 160A of the General Statutes. 8
"§ 125A-5. Interlocal agreements and regional systems. 9
(a) When libraries operate under interlocal agreements pursuant to G.S. 160A-461 or as 10
part of regional library systems established under G.S. 125-8, all participating governmental units 11
shall share responsibility for ensuring compliance with this Chapter. 12
(b) Regional library systems shall document how each participating library is 13
implementing the requirements of this Chapter and shall submit this documentation to the State 14
Library annually. 15
(c) The State Library shall provide model language for interlocal agreements and regional 16
library system agreements to ensure compliance with this Chapter. 17
"Article 2. 18
"Rights of Library Users. 19
"§ 125A-6. Right to access information. 20
(a) Every person has the right to access information and ideas through library materials 21
regardless of content, approach, format, or viewpoint of the material. 22
(b) No government entity or public official shall prohibit or restrict access to library 23
materials based solely on their content or viewpoint. 24
(c) This section does not limit the author ity of libraries and library boards to develop 25
collections in accordance with professional standards and community needs, as provided in 26
G.S. 153A-266. 27
(d) Libraries may implement reasonable policies concerning access to age -appropriate 28
materials for minors, provided such policies do not unduly restrict access to information and are 29
consistent with professional library standards. 30
"§ 125A-7. Right to access. 31
Every person has the right to fair access to library services, materials, and programs without 32
discrimination based on age, race, national origin, gender, sexual orientation, religion, disability, 33
socioeconomic status, or viewpoint. This right shall be construed in a manner consistent with the 34
"free library service" provisions established in G.S. 125-14 and G.S. 153A-264. 35
"§ 125A-8. Right to intellectual freedom. 36
(a) Every person has the right to pursue intellectual inquiry through libraries without 37
surveillance, interference, or intimidation. 38
(b) No person shall interfere with or intimidate any person i n the exercise of their 39
intellectual pursuits within a library. 40
(c) Libraries shall uphold principles of intellectual freedom in accordance with national 41
professional library standards. 42
"§ 125A-9. Right to privacy. 43
(a) Every person has the right to privacy regarding their use of library materials and 44
services, consistent with G.S. 125-19. 45
(b) Library records that identify a person as having requested or obtained specific library 46
materials or services shall be confidential. 47
(c) A library shall not disclose library records except when necessary for the reasonable 48
operation of the library, upon written consent of the user , or pursuant to subpoena, court order, 49
or if otherwise required by law. 50
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House Bill 902-First Edition Page 3
(d) A library shall not implement or maintain systems that unnecessarily track or monitor 1
a user 's reading habits, browsing history, or intellectual pursuits when such information is 2
personally identifiable. 3
"§ 125A-10. Protection from retaliation. 4
(a) No library employee, volunteer, board member, or contractor shall be discharged, 5
threatened, or otherwise discriminated against regarding compensation, terms, conditions, 6
location, or privileges of employment or service because the person took any of the following 7
actions: 8
(1) Reported or was about to report a violation of this Chapter. 9
(2) Testified or was about to testify in a proceeding under this Chapter. 10
(3) Refused to participate in a violation of this Chapter. 11
(4) Provided information to the State Library, Attorney General, or any law 12
enforcement agency regarding a violation of this Chapter. 13
(b) In addition to any other remedies provided by law, a person who alleges a violation 14
of this section may bring a civil action and may be entitled to one or more of the following: 15
(1) Reinstatement to the same position with the same seniority status, benefits, 16
and conditions of employment. 17
(2) Compensation for lost wages, benefits, and other remuneration. 18
(3) Payment of reasonable costs and attorneys' fees. 19
(4) An injunction against continued violations. 20
(5) Other appropriate relief necessary to make the person whole. 21
(c) Libraries shall post notice of the protections provided by this section in a conspicuous 22
location accessible to all employees and volunteers. 23
"§ 125A-11. Online privacy protections. 24
(a) Library users have the right to privacy when accessing digital resources, online 25
services, and internet connections provided by libraries. 26
(b) Libraries shall collect only the minimum amount of personally identifiable 27
information necessary to provide services to users and shall do all of the following: 28
(1) Limit retention of personally identifiable information to the time needed for 29
operational purposes. 30
(2) Anonymize usage data retained for statistical purposes. 31
(3) Delete browser history, search records, and other online activity data when no 32
longer needed for operational purposes and in no case later than 60 days after 33
collection unless retention is required by law. 34
(4) Secure all personally identifiable information against unauthorized access, 35
disclosure, modification, or destruction. 36
(c) Libraries shall develop and prominently display a privacy policy that discloses all of 37
the following information: 38
(1) What personally identifiable information is collected. 39
(2) How the information is used. 40
(3) How long the information is retained. 41
(4) With whom the information may be shared. 42
(5) How users can access, correct, or delete their information. 43
(d) When contracting with third-party service providers, libraries shall: 44
(1) Include provisions requiring protection of user privacy. 45
(2) Prohibit commercial use of user data except as necessary to provide the 46
contracted service. 47
(3) Require appropriate security measures. 48
(4) Ensure compliance with this Chapter. 49
(e) Libraries shall implement reasonable measures to protect the privacy of users of 50
public access computers, including regular clearing of browser history, cookies, and cached 51
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information; prohibition of persistent tracking technologies; and use of privacy sc reens when 1
appropriate. 2
"§ 125A-12. Library programs and events; conduct policies. 3
(a) Every person has the right to access library programs, events, and activities offered 4
by libraries consistent with the library's mission and resources. 5
(b) No governing board, government entity, or public official may prohibit or cancel 6
library programs based solely on the content or viewpoint of the program. 7
(c) When libraries provide meeting spaces for public use, they shall establish 8
viewpoint-neutral policies governi ng the use of these spaces in accordance with constitutional 9
principles. Library staff shall receive training about identifying the constitutional boundaries 10
between protected expression and unprotected conduct. 11
(d) Libraries shall implement conduct policies for program attendees and presenters that, 12
at the minimum, do all of the following: 13
(1) Prohibit any person from engaging in conduct that disrupts a program or 14
interferes with the ability of others to participate. 15
(2) Prevent any person f rom engaging in harassment, intimidation, or threats 16
against program presenters, attendees, or library staff because of race, color, 17
religion, nationality, country of origin, sex, disability, age, or other status 18
protected by law. 19
(3) Prohibit any person f rom threatening violence against individuals or groups, 20
using abusive language that would provoke immediate retaliation in a 21
face-to-face confrontation, or inciting imminent unlawful action. 22
(4) Establish reasonable procedures for audience participation that require orderly 23
conduct while ensuring that the procedures are not used to suppress lawful 24
expression of viewpoints. 25
(5) Ensure that restrictions on conduct are enforced uniformly without rega rd to 26
the content of the speech or the viewpoint expressed. 27
(6) Require written documentation of the specific conduct warranting any 28
intervention, enforce consequences for violations, and offer an informal fair 29
process for appeals. 30
Libraries shall provide public notice of these conduct policies. 31
"Article 3. 32
"Administration and Enforcement. 33
"§ 125A-13. Policies; notice; training. 34
(a) Libraries shall develop policies that implement and protect the rights established in 35
this Chapter and make information about those rights readily available to library users. 36
(b) Libraries shall provide adequate training to staff regarding the rights established in 37
this Chapter and procedures for protecting these rights. 38
"§ 125A-14. State Library; operational coordination; Attorney General resources. 39
(a) The State Library, established under G.S. 125-1, shall develop guidelines to assist 40
libraries in implementing this Chapter in a manner consistent with existing library laws. 41
(b) For libraries operated by a city, as defined in G.S. 160A-1, the governing body of the 42
city shall adopt policies that protect and implement the rights established in this Chapter. 43
(c) The Attorney General shall establish a Library Rights Legal Resource Center to 44
provide information, training, and consultation to libraries, library boards, and the State Library 45
regarding the implementation and enforcement of this Chapter. 46
"§ 125A-15. Enforcement of protections. 47
(a) Any person who believes their rights under this Chapter have been violated may file 48
a complaint with the governing body of the library where the alleged violation occurred. If a 49
complaint is not resolved satisfactorily at the local level, the person may appeal to the State 50
Library, which shall investigate and make recommendations for resolution. If the matter remains 51
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unresolved after the State Library's review, the person may submit the complaint to the Attorney 1
General for further review and possible enforcement action. 2
(b) Any person aggrieved by a violation of this Chapter may bring a civil action in an 3
appropriate North Carolina court for declaratory and injunctive relief. The court may allow a 4
prevailing plaintiff reasonable attorneys' fees and costs in any action brought under this section. 5
(c) The Attorney General shall develop legal guidelines to assist libraries in 6
implementing this Chapter in compliance with federal and State constitutional requirements. At 7
a minimum, these guidelines shall address (i) First Amendment considerations in materi als 8
selection and access, (ii) privacy and confidentiality requirements, (iii) due process in materials 9
challenges, and (iv) antidiscrimination provisions in library services. 10
(d) In an action brought by the Attorney General, the court may assess a civil p enalty 11
against any government entity, public official, or other person or entity that willfully violates this 12
Chapter as follows: 13
(1) For a first violation, a penalty not to exceed one thousand dollars ($1,000); 14
(2) For a second violation, a penalty not to exceed two thousand five hundred 15
dollars ($2,500); and 16
(3) For a third or subsequent violation, a penalty not to exceed five thousand 17
dollars ($5,000). 18
In determining the amount of the penalty, the court shall consider the seriousness of the 19
violation, the duration of the violation, any good -faith efforts to comply with th is Chapter, and 20
the appropriateness of the penalty to the size and resources of the violator. The clear proceeds of 21
civil penalties provided for in this section shall be remitted to the C ivil Penalty and Forfeiture 22
Fund in accordance with G.S. 115C-457.2. 23
"§ 125A-16. Civil actions. 24
(a) The Attorney General may bring a civil action to enforce compliance with this 25
Chapter. In any such action, the Attorney General may request any relief authorized by this 26
section. 27
(b) The Attorney General shall represent the State Library in any litigation arising under 28
this Chapter. 29
(c) The Attorney General may intervene in any civil action brought by an individual 30
under this Chapter if the Attorney General certifies that the case is of general public importance. 31
(d) Libraries shall report to the Attorney General any formal challenge to library 32
materials within 30 days of receiving such challenge. The report shall include: 33
(1) The title and description of the challenged material. 34
(2) The basis of the challenge. 35
(3) The policy followed to address the challenge. 36
(4) The resolution or status of the challenge. 37
(5) Any other information required by the Attorney General. 38
(e) The Attorney General shall publish an annual report on the implementation of this 39
Chapter, including patterns of challenges to library materials, enforcement actions taken, 40
complaints resolved, and recommendations for legislative or policy changes. 41
"§ 125A-17. Public education campaign. 42
The State Library shall develop and implement a statewide public education campaign to 43
inform North Carolina residents about their rights under this Chapter. The State Library shall 44
annually evaluate the effectiveness of the campaign and adjust strategies as needed to maximize 45
public awareness. The State Library shall collaborate with the Department of Justice, the 46
Department of Public Instruction, and other relevant agencies to develop and distribute 47
educational materials. 48
"Article 4. 49
"Miscellaneous. 50
"§ 125A-18. Severability. 51
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If any provision of this Chapter, or the application of any provision to any person or 1
circumstance, is held to be invalid, the remainder of this Chapter and the application of its 2
provisions to other persons or circumstances shall not be affected." 3
SECTION 1.1.(b) Article 3 of Chapter 125 of the General Statutes reads as rewritten: 4
"Article 3. 5
"Library Records. 6
"§ 125-18. Definitions. 7
As used in this Article, unless the context requires otherwise: 8
(1) "Library" means a Library. – A library established by the State; a county, city, 9
township, village, school district, or other local unit of government or 10
authority or combination of local units of governments and authorities; 11
community college or university; or any private library open to the public. 12
(2) "Library record" means a Library record. – A document, record, or other 13
method of storing information retained by a library that identifies a person as 14
having requested or obtained specific information or materials from a library. 15
"Library record" The phrase does not include nonidentifying material that may 16
be retained for the purpose of studying or evaluating the circulation of library 17
materials in general. 18
"§ 125-19. Confidentiality of library user records. 19
(a) Disclosure. – A library shall not disclose any library record that identifies a person as 20
having requested or obtained specific materials, information, or services, or as otherwise having 21
used the library, except as provided for in subsection (b). 22
(b) Exceptions. – Library records may only be disclosed in one of the following instances: 23
(1) When necessary for the reasonable operation of the library;library. 24
(2) Upon written consent of the user; oruser. 25
(3) Pursuant to subpoena, court order, or where otherwise required by 26
law.subpoena or court order. 27
(4) As allowed under Chapter 125A of the General Statutes or as otherwise 28
required by State or federal law." 29
SECTION 1.1.(c) G.S. 153A-262 reads as rewritten: 30
"§ 153A-262. Library materials defined. 31
For purposes of this Article, the phrase "library materials" includes, without limitation, books, 32
plates, pictures, engravings, maps, magazines, pamphlets, newspapers, periodicals, manuscripts, 33
films, transparencies, microforms, audio or video recordings, online resources, databases, or 34
other information resources made available by a library, or other specimens, works of literature, 35
or objects of art, historical significance, or curiosity." 36
SECTION 1.1.(d) G.S. 125-2 is amended by adding a new subdivision to read: 37
"(11) To carry out duties relating to the implementation and enforcement of Chapter 38
125A of the General Statutes in cooperation with the Department of Justice 39
and other pertinent units of State or local government." 40
SECTION 1.1.(e) G.S. 153A-266 reads as rewritten: 41
"§ 153A-266. Powers and duties of trustees. 42
(a) If a board of trustees is appointed, it shall elect a chairman and may elect other 43
officers. The governing body may delegate to the board of trustees any of the following powers: 44
(1) To f ormulate and adopt programs, policies, and regulations for the 45
government of the library; 46
(2) To make recommendations to the governing body concerning the construction 47
and improvement of buildings and other structures for the library system; 48
(3) To supervise and care for the facilities of the library system; 49
(4) To appoint a chief librarian or director of library services and, with his advice, 50
to appoint other employees of the library system. If some other body or official 51
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is to appoint the chief librarian or director of library services, to advise that 1
body or official concerning that appointment; 2
(5) To establish, a schedule of fines and charges for late return of, failure to return, 3
damage to, and loss of library materials, and to take other measures to protect 4
and regulate the use of such materials; 5
(6) To participate in preparing the annual budget of the library system; 6
(7) To extend the privileges and use of the library system to nonresidents of the 7
county or city establishing or supporting the system, on any terms or 8
conditions the board may prescribe. 9
(8) To otherwise advise the board of commissioners on library matters. 10
(9) To adopt policies that im plement and protect the library and users in 11
accordance with Chapter 125A of the General Statutes. 12
(b) The board of trustees shall make an annual report on the operations of the library to 13
the governing body of the county or city and shall make an annual report to the Department of 14
Natural and Cultural Resources as required by G.S. 125-5. 15
(c) If no board of trustees is established, the governing body shall adopt policies and 16
ordinances that protect libraries and user s in accordance with Chapter 125A of the General 17
Statutes and make the annual report to the Department." 18
SECTION 1.2.(a) There is appropriated from the General Fund to the Department 19
of Natural and Cultural Resources, State Library Division, the sum of two million dollars 20
($2,000,000) in each year of the 2025 -2027 fiscal biennium to implement this act. These funds 21
shall be allocated as follows: 22
(1) One million dollars ($1,000,000) to establish and administer the Free to Learn 23
Library Grant Program to assist libraries in developing policies, training staff, 24
and implementing the requirements of Chapter 125A of the General Statutes. 25
(2) Four hundred thousand dollars ($400,000) to support libraries in providing 26
reasonable access to computers, internet connectivity, and digital literacy 27
training and implementing online privacy protections under this act. 28
(3) One hundred thousand dollars ($100,000) for t he State Library to develop 29
model policies, procedures, and guidelines; provide technical assistance to 30
libraries; and establish a complaint resolution process under this act. 31
(4) Four hundred thousand dollars ($400,000) for a Legal Protection Fund to 32
assist libraries in defending against challenges to materials accessed pursuant 33
to rights established by this act. 34
(5) One hundred thousand dollars ($100,000) for the public education campaign 35
required by this act. 36
SECTION 1.2.(b) This section becomes effective July 1, 2025. 37
SECTION 2.1.(a) Chapter 114 of the General Statutes is amended by adding a new 38
Article to read: 39
"Article 11. 40
"Enforcement of Library Bill of Rights. 41
"§ 114-70. Library Rights Division. 42
(a) The Library Rights Division (Division) is established within the Department of 43
Justice. The Attorney General may designate an Assistant Attorney General to lead the Division 44
and may employ such additional attorneys, investigators, and staff as may be neces sary to carry 45
out the duties prescribed in this Article. The Division has the following duties with respect to 46
Chapter 125A of the General Statutes: 47
(1) Implement and monitor compliance with Chapter 125A of the General 48
Statutes. 49
(2) Investigate possible violations and bring enforcement actions. 50
(3) Maintain a system for receiving and tracking library materials challenges. 51
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(4) Staff the Library Rights Legal Resource Center to do all of the following under 1
Chapter 125A of the General Statutes: 2
a. Provide information and consultation to libraries, library boards, and 3
the Department of Natural and Cultural Resources regarding the 4
implementation and enforcement of Chapter 125A of the General 5
Statutes. This includes offering training for library staff and board 6
members and the State Library on legal aspects of the Free to Learn – 7
Library Bill of Rights Act. 8
b. Provide legal guidance to libraries, library boards, the State Library, 9
and city and county attorneys about compliance with federal and State 10
constitutional and statutory requirements. This includes developing 11
and distributing model policies addressing First Amendment 12
considerations, privacy and confidentiality requirements, due process 13
in materials challenges, and antidiscrimination provisions. 14
c. Collect and analyze data regarding (i) patterns of challenges to library 15
materials and programs, (ii) enforcement actions taken under Chapter 16
125A of the General Statutes , and (iii) complaints received and 17
resolved. 18
(b) Beginning October 1, 2026, the Attorney General shall submit an annual report on the 19
implementation of Chapter 125A of the General Statutes, including the data collected under this 20
section, and recommendations for legislative or policy changes to the Governor and the General 21
Assembly. 22
"§ 114-71. Coordination with State Library. 23
The Library Rights Division shall coordinate with the State Library on all of the following 24
relative to Chapter 125A of the General Statutes: 25
(1) Developing model policies, procedures, and guidelines. 26
(2) Conducting the library public education campaign. 27
(3) Providing technical assistance to libraries. 28
(4) Establishing consistent procedures for the complaint resolution process. 29
"§ 114-72. Rules. 30
The Attorney General shall adopt rules implementing this Article, includ ing rules 31
establishing procedures for reporting library materials challenges, standards for investigating 32
potential violations of Chapter 125A of the General Statutes, and criteria for determining when 33
to bring enforcement actions." 34
SECTION 2.1.(b) Effective July 1, 2025, G.S. 114-2 is amended by adding a new 35
subdivision to read: 36
"(11) To enforce the provisions of Chapter 125A of the General Statutes and to 37
provide legal guidance to libraries and the State Library in the implementation 38
of the Free to Learn Library Bill of Rights Act as provided in Article 11 of 39
this Chapter." 40
SECTION 2.2. Effective July 1, 2025, there is appropriated from the General Fund 41
to the Department of Justice the sum of one million dollars ($1,000,000) in each year of the 42
2025-2027 fiscal biennium to establish the Library Rights Division pursuant to this act. These 43
funds shall be allocated as follows: 44
(1) Seven hundred fifty thousand dollars ($750,000) to establish and maintain the 45
Library Rights Legal Resource Center, including an Assistant Attorney 46
General to lead the Library Rights Division, other legal staff, and support staff. 47
This allocation includes funding to develop and implement a system for 48
tracking and responding to library materials challenges. 49
(2) Two hundred fifty thou sand dollars ($250,000) for the public education 50
campaign authorized in this act. 51
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SECTION 3.1. Except as otherwise provided, this act is effective when it becomes 1
law. 2