S3907

An Act prohibiting the banning of books in public libraries and public schools, amending N.J.S.18A:74-12, and supplementing various parts of the statutory law.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. N.J.S.18A:74-12 is amended to read as follows:

18A:74-12. The Department of the Treasury, at the request of the State Librarian, is hereby empowered to withhold any form of State Library aid from any municipality, county, or area library [which] that:

a. does not comply with the provisions of chapters 33 and 54 of Title 40 of the Revised Statutes and chapter 132 of the laws of 1947 (C.45:8A-1 et seq.) [wherever applicable, or];

b. does not comply with any rules and regulations duly adopted pursuant to [said statutes] the provisions of chapters 33 and 54 of Title 40 of the Revised Statutes and chapter 132 of the laws of 1947 (C.45:8A-1 et seq.) or this chapter[, or which];

c. bans or restricts access to a book or other resource within the municipality, county, or area library’s collection in violation of sections 2 and 3 of P.L. , c. (C. ) (pending before the Legislature as this bill);

d. fails to adopt the American Library Association's Library Bill of Rights or a policy prohibiting the practice of banning or restricting access to a specific book or resource as required pursuant to sections 2 and 3 of P.L. , c. (C. ) (pending before the Legislature as this bill); or

e. reduces its annual expenditures for library services pursuant to chapters 33 and 54 of Title 40 of the Revised Statutes below the average of those expenditures for normal, recurring, operating costs made during the three years previous to receipt of the first State aid [under] pursuant to this chapter.

(cf. P.L.2001, c.137, s.35)

2. (New section) a. As used in this section:

“Free county public library” means any free county library established pursuant to R.S.40:33-1, which receives State aid pursuant to the "state library aid law," N.J.S.18A:74-1 et seq.

“Free regional public library” means any regional library established pursuant to section 1 of P.L.1962, c.134 (C.40:33-13.3), which receives State aid pursuant to the "state library aid law," N.J.S.18A:74-1 et seq.

“Governing body” means a director or other chief administrative officer, a county library commission, and a board of county commissioners.

b. Notwithstanding any State or federal law to the contrary, a governing body of a free county or regional public library shall not ban or restrict access to a book or other resource in its collection because of partisan or doctrinal disapproval.

c. A governing body of a free county or regional public library shall adopt the American Library Association's Library Bill of Rights, or a policy prohibiting the practice of banning or restricting access to a book or resource because of partisan or doctrinal disapproval.

d. Nothing in this section shall be construed to require the governing body of a free county or regional public library to purchase, or otherwise acquire, a book or resource for inclusion in its collection.

3. (New section) a. As used in this section:

“Free municipal public library” means any free public library established pursuant to R.S.40:54-1, which receives State aid pursuant to the "state library aid law," N.J.S.18A:74-1 et seq.

“Joint free public library” means any joint free public library established pursuant to section 1 of P.L.1959, c.155 (C.40:54-29.3), which receives State aid pursuant to the "state library aid law," N.J.S.18A:74-1 et seq.

“Governing body” means a board of trustees and a director or other chief administrative officer.

b. Notwithstanding any State or federal law to the contrary, a governing body of a free municipal public library or joint free public library shall not ban or restrict access to a book or other resource in its collection because of partisan or doctrinal disapproval.

c. A governing body of a free municipal public library or joint free public library shall adopt the American Library Association's Library Bill of Rights, or a policy prohibiting the practice of banning or restricting access to a book or resource because of partisan or doctrinal disapproval.

d. Nothing in this section shall be construed to require the governing body of a municipal or joint free public library to purchase, or otherwise acquire, a book or resource for inclusion in its collection.

4. (New section) a. Notwithstanding any other provision of law to the contrary, a board of education of a school district shall not ban or restrict access to a book or other resource within a school library’s collection because of partisan or doctrinal disapproval.

b. A board of education of a school district shall adopt the American Library Association's Library Bill of Rights, or a policy prohibiting the practice of banning or restricting access to a book or resource because of partisan or doctrinal disapproval.

c. Nothing in this section shall be construed to require the board of education to purchase, or otherwise acquire, a book or resource for inclusion in its collection.

d. The Commissioner of Education is hereby authorized to withhold all or part of any State aid paid to any school district pursuant to P.L.2007, c.260 (C.18A:7F-43 et al.) or any other law for a board of education’s failure to comply with the provisions of subsections a. and b. of this section.

5. This act shall take effect immediately.

STATEMENT

This bill prohibits public libraries and public school libraries from banning or restricting access to certain books and permits the withholding of State Aid for non-compliance.

This bill prohibits a governing body of any free public library, joint free public library, free county library, and free regional library from banning or restricting access to books or other resource materials because of partisan or doctrinal disapproval. Additionally, this bill requires the governing body of these public libraries to either adopt: 1) the American Library Association's Library Bill of Rights, which provides that books and materials “should not be excluded because of the origin, background, or views of those contributing to their creation;” or 2) a policy prohibiting the banning or restricting access to a book or resource because of partisan or doctrinal disapproval.

Under the "state library aid law," the Department of the Treasury can withhold State Library aid from any municipality, county, or area library if the public library fails to comply with certain laws and regulations. This bill amends current law to permit the withholding of State Library aid if a public library fails to follow the provisions of this act.

Similarly, this bill prohibits a board of education of a school district from banning or restricting access to books or other resource materials in a school library. Under the bill, a board of education is similarly required to adopt the American Library Association's Library Bill of Rights or a policy prohibiting the banning or restricting access to books or resources. The bill permits the Commissioner of Education to withhold State aid to any board of education that does not follow the provisions of this act.

The bill’s provisions should not be construed to require a free public library or board of education to purchase, or otherwise acquire, a book or resource for inclusion in its collection.