Amended  IN  Assembly  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1825

Introduced by Assembly Member Muratsuchi
(Principal coauthor: Senator Min)

January 11, 2024

An act to add Chapter 10 (commencing with Section 19800) to Part 11 of Division 1 of Title 1 of the Education Code, relating to libraries.


LEGISLATIVE COUNSEL'S DIGEST

AB 1825, as amended, Muratsuchi. Libraries: book bans. California Freedom to Read Act.
Existing law establishes a public library system, including school libraries, unified school district and union high school district public libraries, municipal libraries, county free libraries, the California State Library, and library districts. Under existing law, the Legislature declares that the public library is, among other things, a source of information and inspiration to persons of all ages, cultural backgrounds, and economic statuses.

This bill would declare the intent of the Legislature to enact legislation that would prevent public libraries from banning books for partisan or political reasons or in a manner that is motivated by animus based on race, gender, sexuality, religion, disability, or socioeconomic status. The bill would additionally declare the intent of the Legislature to establish procedures for removing books from public libraries, as specified.

This bill would require the governing board or body of each public library to establish a written policy for the selection of library materials and the use of library materials and facilities in accordance with the American Library Association’s Library Bill of Rights and its interpretations. The bill would prohibit the governing board or body of a public library from proscribing the circulation of books or other resources in a public library because of partisan or doctrinal disapproval of the ideas contained in those materials. The bill would also prohibit a public library from exercising the discretion to determine the content of library materials in a partisan or political manner, a manner based on specified protected characteristics, or on the basis that the materials contain inclusive and diverse perspectives. The bill would provide that a person’s right to use a public library and its resources shall not be denied or abridged because of personal characteristics, age, background, or views. To the extent these provisions impose additional duties on public libraries, the bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  
Bill Text
The people of the State of California do enact as follows:
SECTION 1. Chapter 10 (commencing with Section 19800) is added to Part 11 of Division 1 of Title 1 of the Education Code, to read:
CHAPTER  10. California Freedom to Read Act

19800. This chapter shall be known, and may be cited, as the California Freedom to Read Act.

19801. The Legislature finds and declares all of the following:
(a) Libraries are essential for information, education, and enlightenment of all people of the community the library serves.
(b) Libraries provide access to books that offer teachable moments for readers of all ages and expand our understanding of people with different backgrounds, ideas, and beliefs.
(c) A person’s right to use a library should not be denied or abridged because of personal characteristics, age, background, or views.
(d) Removing and banning books from public libraries is a dangerous step to government censorship and the erosion of our country’s commitment to freedom of expression.
(e) Librarians are professionals trained to not impose their own thoughts and opinions on which ideas are right, but to make knowledge and ideas available so that people have the freedom to choose what to read.
(f) Librarians receive extensive professional training to develop and curate collections to meet the broad and diverse interests of their communities, which include, but are not limited to, literary value and developmental appropriateness of material.

19802. (a) The governing board or body of each public library in the state shall establish a written policy for the selection of library materials and the use of library materials and facilities in accordance with the American Library Association’s Library Bill of Rights and its interpretations.
(b) (1) The governing board or body of a public library shall not proscribe or prohibit the circulation of any book, audio, film, instructional material, or other resource in a public library because of partisan or doctrinal disapproval of the ideas contained in those materials.
(2) The discretion to determine the content of materials in public libraries shall not be exercised in a narrowly partisan or political manner, a manner based on race, nationality, gender identity, sexuality, religion, disability, or socioeconomic status, or on the basis that the materials under consideration contain inclusive and diverse perspectives.
(3) Any decision by a public library to remove a book shall conform to the requirements of the First Amendment to the United States Constitution and Section 2 of Article I of the California Constitution.
(4) The governing board or body of a public library shall not create policies or procedures that limit or restrict access to books and other resources offered by the public library.
(c) A person’s right to use a public library and its resources shall not be denied or abridged because of personal characteristics, age, background, or views.
(d) All people, regardless of personal characteristics, age, background, or views, possess a right to privacy and confidentiality in their use of a public library.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.

It is the intent of the Legislature to enact legislation that would prevent public libraries from banning books for partisan or political reasons or in a manner that is motivated by animus based on race, gender, sexuality, religion, disability, or socioeconomic status. It is further the intent of the Legislature to establish procedures for removing books from public libraries consistent with the United States Supreme Court’s decision in Board of Educ., Island Trees Union Free School Dist. No. 26 v. Pico (1982) 457 U.S. 853.