Title 29
Libraries

CHAPTER 9
The Freedom to Read Act

§ 29-9-3. Public library collection policy.

(a) In addition to the duties prescribed in § 29-3.1-7, the chief of library services shall establish a model policy on the curation of library material within a public library, that shall be approved and adopted by the library board of trustees.

(b) The model policy shall, at a minimum:

(1) Recognize that public libraries serve as centers for voluntary inquiry and the dissemination of information and ideas;

(2) Provide protection against censorship of library material;

(3) Provide standards for the selection and curation of library material by the librarian, while also recognizing that library material should be provided for the interest, information, and enlightenment of all people, and should present a wide range of points of view; and

(4) Establish criteria and a procedure based on professional standards for a librarian to review and the deaccession of library material within a public library on an ongoing basis, which shall include, but not be limited to: the library material’s relevance; the condition of the library material; the availability of duplicates; the availability of more recent material; and the continued demand for the library material.

(c) The model policy shall be updated as the chief of library services deems necessary.

(d) In the event a public library has a policy that complies with the requirements of subsection (b) of this section, the library shall not be required to take further action.

(e) Nothing in this section shall be construed to require a librarian to purchase, or otherwise acquire, a particular library material for the library.

(f) In addition to the duties prescribed in § 29-3.1-7, the chief of library services shall establish a model policy creating a procedure regarding a request for reconsideration of library material in a public library, that shall be approved and adopted by the library board of trustees.

(g) The model policy shall, at a minimum, require:

(1) The creation of a request for reconsideration form, based on a model form established by the chief of library services, that shall be submitted by an individual with a vested interest in the public library in order to initiate the review of specific library material;

(2) That an individual with a vested interest in the public library requesting that library material be reconsidered shall review the material as a whole; identify sections of the material that the individual objects to; and provide an explanation for such objections. Selective passages from the material taken out of context shall not be considered under this review;

(3) That library material that is the subject of a request for reconsideration shall not be removed from its location within the library and shall remain available to reserve, check out, or access while the material is being reviewed;

(4) That the government body shall appoint a review committee, consisting of:

(i) At least one member of the government body;

(ii) The director of the public library;

(iii) A subject specialist librarian employed by the public library; and

(iv) Any additional library staff that the government body deems necessary;

(5) That the review committee pursuant to subsection (g)(4) of this section evaluate the request for removal form, review the challenged library material, and report in writing its decision to the individual and to the government body on whether to remove library material within thirty (30) business days from the date of receiving the form; and

(6) That the individual who filed the form for reconsideration may, within thirty (30) days of the decision, appeal the review committee’s decision to the government body which shall review the committee’s decision and make a final determination on whether the library material is to be removed from the public library, limited in use, or remain in place. A substantive rationale for restricting or removing library material shall be memorialized by the governing body in writing and made publicly available.

In issuing its final decision, a governing body shall provide a written statement of reasons for:

(i) The removal, limitation, or non-removal of a library material; and

(ii) Any final determination that is contrary to the recommendations of the review committee;

(7) That any library material that has been challenged pursuant to subsections (g)(1) — (g)(6) of this section shall not be subject to a subsequent challenge for at least one year;

(8) That the review committee when conducting a review pursuant to this section, and a governing body deciding an appeal of a decision of the review committee, shall consider the following standards for review:

(i) Recognize that library material should be provided for the interest, information, and enlightenment of all people and should present diverse points of view in the collection as a whole;

(ii) Acknowledge that library material shall not be removed from a library because of the origin, background, or views of the library material or those contributing to its creation;

(iii) Recognize the importance of libraries as centers for voluntary inquiry and the dissemination of information and ideas; and

(iv) Promote the free expression and free access to ideas by prohibiting the censorship of library material.

(h) In the event a public library has a policy that complies with the requirements of subsection (g) of this section, the library shall not be required to take further action.

(i) Any staff member of a public library, including a librarian employed by a public library, shall be immune from civil and criminal liability arising from good faith actions performed pursuant to this chapter.

(j) A government body shall not reduce funding for a public library due to the library’s compliance with the provisions of this section.