Libraries

Plain English Breakdown

The official source material does not explicitly mention that residents can request reconsideration for multiple items in a single form.

Library Materials Reconsideration Act

This bill requires Tennessee's public libraries to adopt a policy allowing residents to request reconsideration of library materials and outlines specific procedures for handling such requests.

What This Bill Does

• Requires each public library in Tennessee established by a county, city, or town to create a policy that lets legal residents ask the library to remove, move, or reclassify items from its collection.
• Specifies that an 'item' includes books, e-books, magazines, audio recordings, digital resources, and games.
• Sets up a process where residents must use a form provided by the library to request reconsideration of materials.
• Requires the library board to review these requests within 90 days and make decisions on whether to keep, move, or remove items from the collection.
• Establishes that all decisions made by the board are final for up to 30 months unless the board decides otherwise.
• Allows libraries to set rules about how many reconsideration requests an individual can file within a year.

Who It Names or Affects

• Public library users in Tennessee
• Library boards and administrators

Terms To Know

item

A book, e-book, magazine, audio recording, digital resource, or game that is part of a library's collection.

materials reconsideration policy

The rules set by libraries for handling requests to remove, move, or reclassify items in their collections.

Limits and Unknowns

• Does not apply to materials borrowed from other libraries through interlibrary loan.
• Libraries can still remove items during normal operations without following the reconsideration process.
• The bill does not specify what happens if a resident disagrees with the board's decision.

Official Summary Text

This bill requires

e
ach public library established by a county, city, or town
to
adopt a materials reconsideration policy that provides a process by which a legal resident of the county where the library is located may request that the library withdraw an item from the library's collection or reclassify or move the item to a different
area in the library.
As used in this bill, an "
item" includes a physical book, electronic book, magazine, audio recording, digital resource, and game.
Such
policy must
meet
all of the following criteria:



Allow for an item in the library's collection, whether circulated internally for in
-
library use only or circulated externally for use outside of the library, to be subject to a request for reconsideration
.


Utilize a materials reconsideration application form developed by the respective library administrator to request reconsideration of an item
("application").


Allow a legal resident of the county in which the library is located to request that the library withdraw, move, or reclassify an item from the library's collection
.


Require a
n application
submitted by a resident to a library to be sent to the applicable library board
("board")
within seven days of receipt of the application. Within
90
days of receipt of a
n
application, the board must respond
with
the
library's decision.


Require that the board approve the action that a library takes in response to each application
.


Provide that all decisions of the board concerning an item are final and that the decision as to an item will remain in effect for a specified time period that does not exceed
30
months
and establish
that the board must not consider a
n
application for an item for which
such
a decision is in effect
. However,
the board
may
reconsider the item on the board's own motion
.


Establish that items in
other libraries'
collections that are available to a library through interlibrary loan or any other mechanism are not subject to the policy.

This bill authorizes the policy to do all of the following:



Require the applicant to attest that the applicant has read, watched, or listened to the entire item that is the subject of the application
.


Require a person filing a
n
application to present a government-issued photo identification, if the person possesses photo identification, that includes the person's address. If a person does not possess photo identification, then the library may require other forms of identification evidencing the person's residency in the county that the library is located
.


Set a maximum number of
applications
that any individual or group of individuals deemed working in concert may file during a rolling
12
-month period
.


Allow the board to deny a
n
application if the board determines that the application was filed with the intent to disrupt library operations or
board
operation
s
.

This bill does not
preclude a library from removing an item during the normal course of business for reasons independent of any application decision.

The board must approve any policy
as described in this bill
and any change to such policy.

Current Bill Text

HOUSE BILL 2449
By Garrett

SENATE BILL 2319
By Pody
SB2319
012672
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 10,
relative to reconsideration of library materials.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 10, Chapter 3, is amended by adding
the following as a new section:
10-3-112. Materials reconsideration policy.
(a) As used in this section, "item" is to be broadly construed and includes a
physical book, electronic book, magazine, audio recording, digital resource, and game.
(b) Each public library established under the authority of this chapter must adopt
a materials reconsideration policy that provides a process by which any legal resident of
the county where the library is located may request that the library withdraw an item from
the library's collection or reclassify or move the item to a different area in the library.
(c) The materials reconsideration policy adopted pursuant to this section must:
(1) Allow for any item in the library's collection, whether circulated
internally for in library use only or circulated externally for use outside of the
library, to be subject to a request for reconsideration; provided, that no more than
one (1) item is included in a single materials reconsideration application form;
(2) Utilize a materials reconsideration application form developed by the
respective library administrator that a resident may use to request
reconsideration of an item in the library's collection;
(3) Allow any legal resident of the county in which the library is located to
request that the library withdraw, move, or reclassify an item from the library's
collection;

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(4) Require a materials reconsideration application form submitted by a
resident to a library to be sent to the applicable library board within seven (7)
days of receipt of the materials reconsideration application form. Within ninety
(90) days of receipt of a materials reconsideration application form, the library
board must respond to the applicant stating:
(A) The item will be kept in the library's collection with no change
made to the item's location or classification;
(B) The item will be kept in the library's collection, but relocated
from its current physical location in the library's collection to an alternate
location in the library's collection or, if the item is not a physical item, the
item will be reclassified;
(C) The item will be removed from the library's collection; or
(D) Provide the applicant, in writing, the time reasonably
necessary to complete the item's review and provide a full response to
the applicant;
(5) Require that the library board approve the action that a library takes
in response to each materials reconsideration application;
(6) Provide that all decisions of the library board concerning an item are
final and that the decision as to an item will remain in effect for a specified time
period that does not exceed thirty (30) months;
(7) Establish that the library board shall not consider a materials
reconsideration application form for an item for which a decision is in effect
pursuant to subdivision (c)(6). This subdivision (c)(7) does not prohibit the library
board from reconsidering the item for which a decision is in effect pursuant to
subdivision (c)(6) on the library board's own motion; and

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(8) Establish that items in the collections of other libraries that are
available to a library through interlibrary loan or any other mechanism are not
subject to the library's materials reconsideration policy.
(d) The materials reconsideration policy adopted pursuant to this section may:
(1) Require the applicant of a materials reconsideration application form
to attest that the applicant has read, watched, or listened to the entire item that is
the subject of the materials reconsideration application form;
(2) Require a person filing a materials reconsideration application form to
present a government-issued photo identification, if the person possesses photo
identification, that includes the person's address. If a person does not possess
photo identification, then the library may require other forms of identification
evidencing the person's residency in the county that the library is located;
(3) Set a maximum number of materials reconsideration application
forms that any individual or group of individuals deemed working in concert may
file during a rolling twelve-month period; and
(4) Allow the library board to deny a materials reconsideration application
form if the library board determines that the application was filed with the intent to
disrupt library operations or operation of the library board.
(e) Nothing in this section precludes a library from removing an item during the
normal course of business for reasons independent of any materials reconsideration
application decision.
(f) The library board must approve any materials reconsideration policy and any
change to such policy.
SECTION 2. The heading in this act is for reference purposes only and does not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is

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requested to include the heading in any compilation or publication containing this act.
SECTION 3. This act takes effect July 1, 2027, the public welfare requiring it.