Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0250.01 Jed Franklin x5484
SENATE BILL 24-049
Senate Committees House Committees
Education
A BILL FOR AN ACT
C
ONCERNING THE CONTENT OF MA TERIAL AVAILABLE IN LIBRARIES ,101
AND, IN CONNECTION THEREWITH , REQUIRING NOTICE OF102
CHALLENGED MATERIAL TO BE PUBLISHED ON THE INTERNET ,103
ESTABLISHING A PROCESS FOR RECONSIDERATION OF104
CHALLENGED MATERIAL , AND PREVENTING DISCRIMINATION IN105
A LIBRARY'S DISPLAYS, ACQUISITION STANDARDS , PUBLIC106
MEETING SPACES, AND RETENTION POLICIES.107
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill establishes a process by which a student, parent, or
SENATE SPONSORSHIP
Cutter and Kolker, Hinrichsen, Michaelson Jenet, Priola
HOUSE SPONSORSHIP
Joseph and Hamrick, Garcia, Kipp, Lieder, Titone, Vigil
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. member of the community may object to a library resource in a school or
public library. Each library resource that is reconsidered pursuant to the
process must be evaluated based on standards applied by a committee for
school libraries and a director of a public library. Members of the
committee for school libraries are appointed by the superintendent of the
school district, and the committee covers reconsideration requests in all
schools in the district. For public libraries, the director is selected by the
library's board of trustees and covers the library or libraries in the library
district.
A library resource may not be removed while a request for
reconsideration is pending. A principal, librarian, media specialist, other
employee, contractor, or volunteer may refuse a directive to remove a
library resource if such an individual has a good faith belief that the
directive conflicts with law or policy established pursuant to the bill, and
such an individual may not be subjected to retaliation.
The bill prevents the state board of education from waiving the
requirements of the bill as they are applied to public schools, district
charter schools, and institute charter schools.
The bill specifies that it is a discriminatory practice and unlawful
for anyone to discriminate against anyone in the selection, retention,
reconsideration, or display of a library resource.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
hereby finds and declares that:3
(a) Parents should be actively involved in their child's education4
at school;5
(b) Parents and members of the community have challenged the6
inclusion of library resources in libraries, including public and school7
libraries, and have demanded removal of library resources;8
(c) Librarians have removed library resources based on parents'9
objections or objections from members of the community;10
(d) Removal of a library resource prevents others from examining,11
enjoying, and learning from the removed library resource; and12
(e) A library should not compromise the learning opportunities of13
SB24-049-2- others by precluding them from using a library resource unless pursuant1
to a reconsideration process.2
(2) Therefore, it is in the best interest of Coloradans to provide3
library resource removal standards and establish a process for a person to4
object to a library resource in a library.5
SECTION 2. In Colorado Revised Statutes, add 22-1-144 as6
follows:7
22-1-144. School library - content - reconsideration -8
committee - definitions. (1) (a) A
S USED IN THIS SECTION, UNLESS THE9
CONTEXT OTHERWISE REQUIRES :10
(I) "C
OMMITTEE" MEANS A GROUP OF INDIVIDUALS APPOINTED11
PURSUANT TO THIS SECTION BY A SUPERINTENDENT OF A SCHOOL DISTRICT12
TO EVALUATE A REQUEST FOR RECONSIDERATION OF A LIBRARY RESOURCE13
BY A STUDENT OR A PARENT OF A STUDENT AT ANY PUBLIC SCHOOL14
LOCATED WITHIN THE GEOGRAPHICAL BOUNDARIES OF THE SCHOOL15
DISTRICT.16
(II) "L
IBRARY RESOURCE" MEANS MATERIAL, BOTH PRINT AND17
NON-PRINT, FOUND IN A LIBRARY THAT SUPPORTS CURRICULAR AND18
PERSONAL INFORMATION NEEDS . PRINT ITEMS INCLUDE BOOKS ,19
MAGAZINES, NEWSPAPERS, PAMPHLETS, MICROFICHE, OR MICROFILM.20
N
ON-PRINT ITEMS INCLUDE FILMS, DISC RECORDS, FILMSTRIPS, SLIDES,21
PRINTS, AUDIOTAPES, VIDEOTAPES, COMPACT DISCS, AND COMPUTER22
SOFTWARE.23
(III) "P
ARENT" MEANS A BIOLOGICAL OR ADOPTIVE MOTHER OR24
FATHER OR STEPMOTHER OR STEPFATHER OF A CHILD OR ANY OTHER25
INDIVIDUAL HAVING LEGAL OR PHYSICAL CUSTODY OF A CHILD .26
(b) O
N OR BEFORE JANUARY 1, 2025, A SUPERINTENDENT SHALL27
SB24-049
-3- APPOINT THE FOLLOWING MEMBERS TO THE COMMITTEE :1
(I) O
NE ADMINISTRATOR OF THE SCHOOL DISTRICT TO ACT AS2
CHAIR OF THE COMMITTEE;3
(II) O
NE TEACHER AT AN ELEMENTARY SCHOOL IN THE SCHOOL4
DISTRICT, ONE TEACHER AT A MIDDLE SCHOOL IN THE SCHOOL DISTRICT ,5
AND ONE TEACHER AT A HIGH SCHOOL IN THE SCHOOL DISTRICT ;6
(III) O
NE PARENT WHO IS A MEMBER OF THE SCHOOL DISTRICT 'S7
DISTRICT ACCOUNTABILITY COMMITTEE ;8
(IV) O
NE STUDENT OR RECENT GRADUATE OF A SCHOOL IN THE9
SCHOOL DISTRICT;10
(V) T
HREE PARENTS OF STUDENTS REPRESENTATIVE OF A11
MINORITY GROUP DESCRIBED IN SECTION 22-1-104 (1)(a) WHOSE12
CHILDREN ATTEND A SCHOOL IN THE SCHOOL DISTRICT ;13
(VI) O
NE PRINCIPAL OR DESIGNEE OF A PRINCIPAL OF AN14
ELEMENTARY SCHOOL IN THE SCHOOL DISTRICT , ONE PRINCIPAL OR15
DESIGNEE OF A PRINCIPAL OF A MIDDLE SCHOOL IN THE SCHOOL DISTRICT ,16
AND ONE PRINCIPAL OR DESIGNEE OF A PRINCIPAL OF A HIGH SC HOOL IN17
THE SCHOOL DISTRICT; AND18
(VII) O
NE LIBRARIAN OF A SCHOOL IN THE SCHOOL DISTRICT .19
(c) (I) A
TEACHER APPOINTED PURSUANT TO SUBSECTION (1)(b)(II)20
OF THIS SECTION SHALL PARTICIPATE IN AND VOTE ON A REQUEST FOR21
RECONSIDERATION ONLY TO THE EXTENT THAT THE LIBRARY RESOURCE22
BEING RECONSIDERED IS FROM THE TYPE OF SCHOOL THAT THE TEACHER23
REPRESENTS.24
(II) A
PRINCIPAL OR DESIGNEE OF A PRINCIPAL APPOINTED25
PURSUANT TO SUBSECTION (1)(b)(VI) OF THIS SECTION SHALL PARTICIPATE26
IN AND VOTE ON A REQUEST FOR RECONSIDERATION ONLY TO THE EXTENT27
SB24-049
-4- THAT THE LIBRARY RESOURCE BEING RECONSIDERED IS FROM THE TYPE OF1
SCHOOL THAT THE PRINCIPAL REPRESENTS .2
(2) A
COMMITTEE MAY SET ITS OWN RULES OF PROCEDURE , EXCEPT3
AS PROVIDED IN SUBSECTION (7) OF THIS SECTION.4
(3) A
COMMITTEE MEMBER SERVES A TWO -YEAR TERM BUT MAY5
BE REAPPOINTED FOR ANY NUMBER OF TERMS .6
(4) A
COMMITTEE SHALL CREATE A FORM THAT CONTAINS THE7
FOLLOWING INFORMATION THAT SHALL BE USED FOR ANY REQUEST FOR8
RECONSIDERATION ABOUT A LIBRARY RESOURCE :9
(a) T
HE LIBRARY RESOURCE FOR WHICH THE SCHOOL RECEIVES A10
WRITTEN REQUEST FOR RECONSIDERATION ABOUT ITS CONTENT ;11
(b) T
HE SPECIFIC REQUEST FOR RECONSIDERATION RECEIVED ;12
(c) T
HE NAME OF THE STUDENT OR PARENT OF A STUDENT MAKING13
THE REQUEST FOR RECONSIDERATION , WHICH SHALL NOT BE PUBLISHED ON14
THE SCHOOL DISTRICT'S WEBSITE;15
(d) T
HE RELATIONSHIP BETWEEN THE STUDENT OR PARENT OF A16
STUDENT AND THE SCHOOL IN WHICH THE LIBRARY RESOURCE IS17
COMPLAINED ABOUT; AND18
(e) T
HE FINAL DISPOSITION OF THE REQUEST FOR19
RECONSIDERATION, INCLUDING ANY LIBRARY RESOURCE DISCONTINUED ,20
RESTRICTED, OR REMOVED AS A RESULT OF A REQUEST FOR21
RECONSIDERATION.22
(5) A
COMMITTEE SHALL EVALUATE EACH REQUEST FOR23
RECONSIDERATION SUBMITTED TO A SCHOOL BASED ON THE SCHOOL24
LIBRARY'S COMPLIANCE WITH THE FOLLOWING STANDARDS :25
(a) P
ROVIDING LIBRARY RESOURCES FOR THE INTEREST ,26
INFORMATION, AND ENLIGHTENMENT OF A LL STUDENTS ATTENDING THE27
SB24-049
-5- SCHOOL. A LIBRARY RESOURCE SHALL NOT BE EXCLUDED BECAUSE OF THE1
ETHNIC ORIGIN, ETHNIC BACKGROUND, OR GENDER IDENTITY OF THOSE2
CONTRIBUTING TO ITS CREATION.3
(b) P
RESENTING A LIBRARY RESOURCE WITH ALL POINTS OF VIEW4
ABOUT CURRENT AND HISTORICAL ISSUES . A LIBRARY RESOURCE SHALL5
NOT BE PROSCRIBED OR REMOVED BECAUSE OF PARTISAN OR DOCTRINAL6
DISAPPROVAL.7
(c) C
HALLENGING CENSORSHIP IN THE FULFILLMENT OF THE8
RESPONSIBILITY TO PROVIDE INFORMATION AND ENLIGHTENMENT ;9
(d) C
ONSULTING WITH AND CONSIDERING PERSPECTIVES OF10
MARGINALIZED GROUPS , INCLUDING THOSE IDENTIFIED IN SECTION11
22-1-104 (1)(a);12
(e) P
ROVIDING ACCESS TO A LIBRARY RESOURCE REGARDLESS OF13
AN INDIVIDUAL'S AGE, BACKGROUND, POLITICAL OR RELIGIOUS VIEWS,14
DISABILITY, RACE, COLOR, SEX, SEXUAL ORIENTATION, GENDER IDENTITY,15
GENDER EXPRESSION, MARITAL STATUS, NATIONAL ORIGIN, OR ANCESTRY;16
(f) F
OR A LIBRARY THAT PROVIDES FACILITIES TO THE PUBLIC ,17
MAKING THE FACILITIES AVAILABLE ON AN EQUITABLE BASIS , REGARDLESS18
OF THE BELIEFS OR AFFILIATIONS OF INDIVIDUALS OR GROUPS REQUESTING19
THEIR USE;20
(g) A
DVOCATING FOR, EDUCATING ABOUT, AND PROTECTING AN21
INDIVIDUAL'S PRIVACY IN LIBRARY USE DATA, INCLUDING PERSONALLY22
IDENTIFIABLE INFORMATION, EXCEPT AS REQUIRED BY THE "FAMILY23
E
DUCATION RIGHTS AND PRIVACY ACT", 20 U.S.C. SEC.1232 G; AND24
(h) P
ROHIBITING DISCRIMINATION BASED ON AGE , BACKGROUND,25
POLITICAL OR RELIGIOUS VIEWS, ORIGIN, DISABILITY, RACE, COLOR, SEX,26
SEXUAL ORIENTATION, GENDER IDENTITY, GENDER EXPRESSION, MARITAL27
SB24-049
-6- STATUS, NATIONAL ORIGIN, OR ANCESTRY IN THE SELECTION AND1
RETENTION OF LIBRARY RESOURCES, DISPLAYS, ACQUISITION STANDARDS,2
AND PUBLIC MEETING SPACES.3
(6) U
PON RECEIVING A RECONSIDERATION REQUEST FROM A4
STUDENT OR PARENT OF A STUDENT THAT IS ATTENDING A SCHOOL IN THE5
SCHOOL DISTRICT, THE COMMITTEE SHALL:6
(a) R
EQUIRE ALL MEMBERS OF THE COMMITTEE TO READ , VIEW, OR7
LISTEN TO THE LIBRARY RESOURCE THAT IS THE SUBJECT OF THE REQUEST8
FOR RECONSIDERATION;9
(b) H
OLD A HEARING THAT INCLUDES THE INDIVIDUAL MAKING THE10
REQUEST FOR RECONSIDERATION AND ANY SCHOOL EMPLOYEES WHO ARE11
INVOLVED IN THE RECONSIDERATION REQUEST OR WHO FEEL THAT THEY12
ARE AFFECTED BY THE RECONSIDERATION REQUEST ;13
(c) I
F MULTIPLE REQUESTS CONCERNING THE SAME LIBRARY14
RESOURCE ARE LODGED, ALLOW CONSOLIDATION OF THE REQUESTS IN ONE15
HEARING AT THE COMMITTEE'S DISCRETION;16
(d) E
STABLISH RULES, TIME REQUIREMENTS , AND OTHER17
PROCEDURES IN CONNECTION WITH A HEARING ;18
(e) A
LLOW STATEMENTS FROM INTERESTED INDIVIDUALS AND19
EXPERT WITNESSES AT THE COMMITTEE 'S DISCRETION;20
(f) C
ONSIDER WHETHER THE LIBRARY RESOURCE COMPLIES WITH21
THE STANDARDS SET FORTH IN THIS SECTION AND THE RELATED POLICIES ;22
AND23
(g) I
SSUE A FINAL DISPOSITION FOR EACH RECONSIDERATION24
REQUEST WITHIN NINETY DAYS OF THE HEARING REQUIRED BY SUBSECTION25
(6)(b)
OF THIS SECTION.26
(7) A
LIBRARY RESOURCE EVALUATED FOR RECONSIDERATION MAY27
SB24-049
-7- BE REMOVED ONLY UPON UNANIMOUS CONSENT OF THE COMMITTEE .1
(8) O
NLY A STUDENT ATTENDING A SCHOOL OR A PARENT OF A2
STUDENT ATTENDING A SCHOOL MAY LODGE A REQUEST FOR3
RECONSIDERATION OF A LIBRARY RESOURCE , AND ONLY AS TO A LIBRARY4
RESOURCE AT THE SCHOOL LIBRARY OF THE SCHOOL THAT THE STUDENT5
ATTENDS.6
(9) T
HE BLANK FORM, AND ANY COMPLETED FORM , MUST BE7
PUBLISHED ON THE SCHOOL DISTRICT 'S WEBSITE EXCEPT AS OTHERWISE8
SPECIFIED IN THIS SECTION.9
(10) A
N INDIVIDUAL MUST COMPLETE THE FORM DEVELOPED AND10
POSTED ON THE SCHOOL DISTRICT'S WEBSITE FOR EACH LIBRARY RESOURCE11
FOR WHICH A REQUEST FOR RECONSIDERATION IS MADE . AN OBJECTION TO12
MULTIPLE DIFFERENT LIBRARY RESOURCES MUST BE LODGED AS A13
SEPARATE REQUEST FOR RECONSIDERATION FOR EACH LIBRARY RESOURCE .14
(11) A
LIBRARY RESOURCE FOR WHICH A REQUEST FOR15
RECONSIDERATION HAS BEEN LODGED MUST NOT BE DISCONTINUED ,16
RESTRICTED, OR REMOVED UNTIL THE FINAL DISPOSITION OF THE REQUEST17
FOR RECONSIDERATION IS PUBLISHED ON THE SCHOOL DISTRICT 'S WEBSITE.18
(12) A
PARENT MAY PRECLUDE THE PARENT 'S OWN CHILD FROM19
USING A LIBRARY RESOURCE IN A SCHOOL LIBRARY BY PROVIDING20
WRITTEN NOTICE TO THE SC HOOL PRINCIPAL BUT MAY NOT PRECLUDE21
OTHER STUDENTS FROM USING THE LIBRARY RESOURCE EXCEPT TO THE22
EXTENT THAT THE LIBRARY RESOURCE IS REMOVED PURSUANT TO THE23
FINAL DISPOSITION OF A FORMALLY FILED REQUEST FOR RECONSIDERATION24
AT THE DIRECTION OF THE COMMITTEE AS PROVIDED IN THIS SECTION .25
(13) A
PRINCIPAL, SCHOOL LIBRARIAN, MEDIA SPECIALIST, OTHER26
EMPLOYEE, CONTRACTOR, OR VOLUNTEER AT A SCHOOL MAY REFUSE A27
SB24-049
-8- DIRECTIVE TO REMOVE A LIBRARY RESOURCE FROM A SCHOOL LIBRARY IF1
THE INDIVIDUAL HAS A REASONABLE GOOD FAITH BELIEF THAT THE2
DIRECTIVE CONFLICTS WITH APPLICABLE LAW OR POLICY PURSUANT TO3
THIS SECTION OR IF THE LIBRARY RESOURCE IS NOT SUBJECT TO REMOVAL4
PURSUANT TO THE FINAL DISPOSITION OF A REQUEST FOR5
RECONSIDERATION. A PRINCIPAL, SCHOOL LIBRARIAN, MEDIA SPECIALIST,6
OTHER EMPLOYEE, CONTRACTOR, OR VOLUNTEER AT A SCHOOL WHO7
REFUSES A DIRECTIVE TO REMOVE A LIBRARY RESOURCE FROM A SCHOOL8
LIBRARY IS NOT SUBJECT TO TERMINATION , DEMOTION, DISCIPLINE, OR9
RETALIATION FOR THE REFUSAL TO COMPLY IF THE INDIVIDUAL 'S REFUSAL10
IS IN COMPLIANCE WITH THIS SECTION.11
SECTION 3. In Colorado Revised Statutes, 22-2-117, amend12
(1)(b)(IX) and (1)(b)(X); and add (1)(b)(XI) as follows:13
22-2-117. Additional power - state board - waiver of14
requirements - rules - definition. (1) (b) The state board shall not waive15
any of the requirements specified in any of the following statutory16
provisions:17
(IX) Any provisions of section 22-1-128 relating to18
comprehensive human sexuality education content requirements; or19
(X) Any provision of section 22-30.5-104 (3), 22-30.5-507 (3),20
22-32-109 (1)(ll), 22-32-110 (1)(k), 22-38-104 (1)(d), or 22-63-206 (1)21
relating to discrimination based on hair texture, hair type, or a protective22
hairstyle that is commonly or historically associated with race;
OR23
(XI) A
NY PROVISION IN SECTION
22-1-144 RELATING TO THE24
SELECTION AND RETENTION OF A LIBRARY RESOURCE IN A SCHOOL25
LIBRARY. FOR PURPOSES OF THIS SUBSECTION (1)(b)(XI), UNLESS THE26
CONTEXT OTHERWISE REQUIRES , "LIBRARY RESOURCE" MEANS MATERIAL,27
SB24-049
-9- BOTH PRINT AND NON -PRINT, FOUND IN A LIBRARY THAT SUPPORTS1
CURRICULAR AND PERSONAL INFORMATION NEEDS . PRINT ITEMS INCLUDE2
BOOKS, MAGAZINES, NEWSPAPERS, PAMPHLETS, MICROFICHE, OR3
MICROFILM. NON-PRINT ITEMS INCLUDE FILMS, DISC RECORDS, FILMSTRIPS,4
SLIDES, PRINTS, AUDIOTAPES, VIDEOTAPES, COMPACT DISCS, AND5
COMPUTER SOFTWARE .6
SECTION 4. In Colorado Revised Statutes, 22-7-1005, add (2.2)7
as follows:8
22-7-1005. Preschool through elementary and secondary9
education - aligned standards - adoption - revisions. (2.2) O
N OR10
BEFORE JANUARY 1, 2025, THE STATE BOARD SHALL ADOPT STANDARDS11
THAT PROHIBIT A GOVERNING BOARD OF A SCHOOL DISTRICT , A BOARD OF12
COOPERATIVE SERVICES, OR THE GOVERNING BODY OF A CHARTER SCHOOL13
FROM REFUSING TO APPROVE, OR FROM PROHIBITING THE SELECTION OF,14
ANY TEXTBOOK , INSTRUCTIONAL MATERIAL , SUPPLEMENTAL15
INSTRUCTIONAL MATERIAL , OR OTHER CURRICULUM FOR CLASSROOM16
INSTRUCTION OR ANY BOOK OR OTHER RESOURCE IN A SC HOOL LIBRARY ON17
THE BASIS THAT IT INCLUDES STUDY OF THE ROLE AND CONTRIBUTIONS OF18
ANY INDIVIDUAL OR GROUP IDENTIFIED IN SECTION 22-1-104 (1)(a).19
SECTION 5. In Colorado Revised Statutes, 22-30.5-104, amend20
(6)(c)(VIII) and (6)(c)(IX); and add (6)(c)(X) as follows:21
22-30.5-104. Charter school - requirements - authority - rules22
- definitions. (6) (c) A school district, on behalf of a charter school, may23
apply to the state board for a waiver of a state statute or state rule that is24
not an automatic waiver. Notwithstanding any provision of this25
subsection (6) to the contrary, the state board may not waive any statute26
or rule relating to:27
SB24-049
-10- (VIII) Section 22-33-106.1 concerning suspension and expulsion1
of students in preschool through second grade; or2
(IX) Subsection (3) of this section and sections 22-32-110 (1)(k)3
and 22-63-206 (1) relating to discrimination based on hair texture, hair4
type, or a protective hairstyle that is commonly or historically associated5
with race;
OR6
(X) A
NY PROVISION IN SECTION 22-1-144 RELATING TO THE7
SELECTION AND RETENTION OF A LIBRARY RESOURCE IN A SCHOOL8
LIBRARY. FOR PURPOSES OF THIS SUBSECTION (6)(c)(X), UNLESS THE9
CONTEXT OTHERWISE REQUIRES , "LIBRARY RESOURCE" MEANS MATERIAL,10
BOTH PRINT AND NON -PRINT, FOUND IN A LIBRARY THAT SUPPORTS11
CURRICULAR AND PERSONAL INFORMATION NEEDS . PRINT ITEMS INCLUDE12
BOOKS, MAGAZINES, NEWSPAPERS, PAMPHLETS, MICROFICHE, OR13
MICROFILM. NON-PRINT ITEMS INCLUDE FILMS, DISC RECORDS, FILMSTRIPS,14
SLIDES, PRINTS, AUDIOTAPES, VIDEOTAPES, COMPACT DISCS, AND15
COMPUTER SOFTWARE .16
SECTION 6. In Colorado Revised Statutes, 22-30.5-507, amend17
(7)(b)(VIII) and (7)(b)(IX); and add (7)(b)(X) as follows:18
22-30.5-507. Institute charter school - requirements -19
authority - rules - definitions. (7) (b) An institute charter school may20
apply to the state board, through the institute, for a waiver of state statutes21
and state rules that are not automatic waivers. The state board may waive22
state statutory requirements or rules promulgated by the state board;23
except that the state board may not waive any statute or rule relating to:24
(VIII) Section 22-33-106.1 concerning suspension and expulsion25
of students in preschool through second grade; or
26
(IX) Subsection (3) of this section and sections 22-32-110 (1)(k)27
SB24-049
-11- and 22-63-206 (1) relating to discrimination based on hair texture, hair1
type, or a protective hairstyle that is commonly or historically associated2
with race;
OR3
(X) A
NY PROVISION IN SECTION 22-1-144 RELATING TO THE4
SELECTION AND RETENTION OF A LIBRARY RESOURCE IN A SCHOOL5
LIBRARY. FOR PURPOSES OF THIS SUBSECTION (7)(b)(X), UNLESS THE6
CONTEXT OTHERWISE REQUIRES, "LIBRARY RESOURCE" MEANS MATERIAL,7
BOTH PRINT AND NON -PRINT, FOUND IN A LIBRARY THAT SUPPORTS8
CURRICULAR AND PERSONAL INFORMATION NEEDS . PRINT ITEMS INCLUDE9
BOOKS, MAGAZINES, NEWSPAPERS, PAMPHLETS, MICROFICHE, OR10
MICROFILM. NON-PRINT ITEMS INCLUDE FILMS, DISC RECORDS, FILMSTRIPS,11
SLIDES, PRINTS, AUDIOTAPES, VIDEOTAPES, COMPACT DISCS, AND12
COMPUTER SOFTWARE .13
SECTION 7. In Colorado Revised Statutes, 24-90-109, amend14
(1)(c) introductory portion, (1)(c)(II), and (1)(c)(III); and add (1)(c)(IV),15
(1)(c)(V), (1)(c)(VI), (1)(c)(VII), (1)(c)(VIII), (5), and (6) as follows: 16
24-90-109. Powers and duties of board of trustees - definition.17
(1) The board of trustees shall:18
(c) Employ a director and, upon the director's recommendation,19
employ such
other employees as may be necessary. The duties of the20
director shall include: but not be limited to:21
(II) Recommending individuals for employment by the board of22
trustees; and23
(III) Performing all other acts necessary for the orderly and24
efficient management and control of the library;25
(IV) D
EVELOPING AND REQUIRING COMPLIANCE BY LIBRARIANS26
WITH POLICIES THAT IMPLEMENT THE FOLLOWING STANDARDS WITH27
SB24-049
-12- RESPECT TO THE SELECTION, RETENTION, AND RECONSIDERATION OF A1
LIBRARY RESOURCE IN A LIBRARY CREATED PURSUANT TO THIS PART 1:2
(A) P
ROVIDING A LIBRARY RESOURCE FOR THE INTEREST ,3
INFORMATION, AND ENLIGHTENMENT OF THE COMMUNITY . A LIBRARY4
RESOURCE SHALL NOT BE EXCLUDED BECAUSE OF THE ETHNIC ORIGIN ,5
ETHNIC BACKGROUND, OR GENDER IDENTITY OF THOSE CONTRIBUTING TO6
ITS CREATION;7
(B) P
RESENTING A LIBRARY RESOURCE WITH ALL POINTS OF VIEW8
ABOUT CURRENT AND HISTORICAL ISSUES . A LIBRARY RESOURCE MUST9
NOT BE PROSCRIBED OR REMOVED BECAUSE OF PARTISAN OR DOCTRINAL10
DISAPPROVAL.11
(C) C
HALLENGING CENSORSHIP IN THE FULFILLMENT OF THE12
RESPONSIBILITY TO PROVIDE INFORMATION AND ENLIGHTENMENT ;13
(D) C
ONSULTING WITH AND CONSIDERING PERSPECTIVES OF14
MARGINALIZED GROUPS , INCLUDING THOSE IDENTIFIED IN SECTION15
22-1-104 (1)(a);16
(E) P
ROVIDING ACCESS TO A LIBRARY RESOURCE REGARDLESS OF17
AN INDIVIDUAL'S AGE, BACKGROUND, POLITICAL OR RELIGIOUS VIEWS,18
ORIGIN, DISABILITY, RACE, COLOR, SEX, SEXUAL ORIENTATION, GENDER19
IDENTITY, GENDER EXPRESSION, MARITAL STATUS, NATIONAL ORIGIN, OR20
ANCESTRY;21
(F) F
OR A LIBRARY THAT PROVIDES FACILITIES TO THE PUBLIC ,22
MAKING THE FACILITIES AVAILABLE ON AN EQUITABLE BASIS , REGARDLESS23
OF THE BELIEFS OR AFFILIATIONS OF INDIVIDUALS OR GROUPS REQUESTING24
THEIR USE;25
(G) A
DVOCATING FOR, EDUCATING ABOUT, AND PROTECTING AN26
INDIVIDUAL'S PRIVACY IN LIBRARY USE DATA, INCLUDING PERSONALLY27
SB24-049
-13- IDENTIFIABLE INFORMATION; AND1
(H) P
ROHIBITING DISCRIMINATION BASED ON AGE , BACKGROUND,2
POLITICAL OR RELIGIOUS VIEWS, ORIGIN, DISABILITY, RACE, COLOR, SEX,3
SEXUAL ORIENTATION, GENDER IDENTITY, GENDER EXPRESSION, MARITAL4
STATUS, NATIONAL ORIGIN, OR ANCESTRY IN THE SELECTION AND5
RETENTION OF LIBRARY RESOURCES, DISPLAYS, ACQUISITION STANDARDS,6
AND PUBLIC MEETING SPACES.7
(V) C
REATING A FORM THAT CONTAINS THE FOLLOWING8
INFORMATION FOR ANY REQUEST FOR RECONSIDERATION ABOUT A9
LIBRARY RESOURCE:10
(A) A
NY LIBRARY RESOURCE FOR WHICH THE LIBRARY RECEIVES11
A WRITTEN REQUEST FOR RECONSIDERATION ABOUT ITS CONTENT . AN12
INDIVIDUAL MAY ONLY LODGE A REQUEST FOR RECONSIDERATION ABOUT13
A LIBRARY RESOURCE SELECTED OR RETAINED IN A LIBRARY LOCATED IN14
THE LIBRARY DISTRICT IN WHICH THE INDIVIDUAL RESIDES .15
(B) T
HE SPECIFIC REQUEST FOR RECONSIDERATION RECEIVED ;16
(C) T
HE NAME OF THE INDIVIDUAL MAKING THE REQUEST FOR17
RECONSIDERATION, WHICH SHALL NOT BE PUBLISHED ON THE LIBRARY 'S18
WEBSITE;19
(D) T
HE RELATIONSHIP BETWEEN THE INDIVIDUAL AND THE20
LIBRARY IN WHICH THE LIBRARY RESOURCE IS COMPLAINED ABOUT ;21
(E) T
HE FINAL DISPOSITION OF THE REQUEST FOR22
RECONSIDERATION, INCLUDING WHETHER ANY LIBRARY RESOURCE IS23
DISCONTINUED, RESTRICTED, OR REMOVED AS A RESULT OF AN OBJECTION;24
(F) T
HE REASON FOR DISCONTINUANCE , RESTRICTION, OR25
REMOVAL OF A LIBRARY RESOURCE ; AND26
(G) A
DECISION ABOUT THE DISPOSITION OF A REQUEST FOR27
SB24-049
-14- RECONSIDERATION ABOUT A LIBRARY RESOURCE IN ACCORDANCE WITH1
THE STANDARDS SET FORTH IN SUBSECTION (1)(c)(IV) OF THIS SECTION.2
(VI) R
EQUIRING AN INDIVIDUAL TO COMPLETE THE FORM3
DEVELOPED AND POSTED ON THE LIBRARY 'S WEBSITE FOR EACH LIBRARY4
RESOURCE FOR WHICH A REQUEST FOR RECONSIDERATION IS MADE . A5
REQUEST FOR RECONSIDERATION ABOUT MULTIPLE LIBRARY RESOURCES6
MUST BE LODGED AS A SEPARATE REQUEST FOR RECONSIDERATION FOR7
EACH LIBRARY RESOURCE.8
(VII) R
EQUIRING THE BLANK FORM, AND ANY COMPLETED FORM ,9
TO BE PUBLISHED ON THE LIBRARY'S WEBSITE EXCEPT AS SPECIFIED IN THIS10
SUBSECTION (1); AND11
(VIII) W
AITING TO REMOVE, DISCONTINUE, OR RESTRICT, ANY12
LIBRARY RESOURCE FOR WHICH A REQUEST FOR RECONSIDERATION HAS13
BEEN LODGED UNTIL THE FINAL DISPOSITION OF THE REQUEST FOR14
RECONSIDERATION IS PUBLISHED ON THE LIBRARY 'S WEBSITE.15
(5) A
LIBRARIAN, MEDIA SPECIALIST, OTHER EMPLOYEE ,16
CONTRACTOR, OR VOLUNTEER AT A LIBRARY MAY REFUSE A DIRECTIVE TO17
REMOVE A LIBRARY RESOURCE FROM A LIBRARY IF THE INDIVIDUAL HAS A18
REASONABLE GOOD FAITH BELIEF THAT THE DIRECTIVE IS IN CONFLICT19
WITH AN APPLICABLE LAW OR POLICY PURSUANT TO SUBSECTION20
(1)(c)(IV)
OF THIS SECTION OR IF THE LIBRARY RESOURCE IS NOT SUBJECT21
TO REMOVAL PURSUANT TO THE FINAL DISPOSITION OF A REQUEST FOR22
RECONSIDERATION. A LIBRARIAN, MEDIA SPECIALIST, OTHER EMPLOYEE,23
CONTRACTOR, OR VOLUNTEER AT A LIBRARY WHO REFUSES A DIRECTIVE24
TO REMOVE A LIBRARY RESOURCE FROM A LIBRARY IS NOT SUBJECT TO25
TERMINATION, DEMOTION, DISCIPLINE, OR RETALIATION FOR THE REFUSAL26
TO COMPLY IF THE INDIVIDUAL'S REFUSAL IS IN COMPLIANCE WITH THIS27
SB24-049
-15- SUBSECTION (5).1
(6) F
OR PURPOSES OF THIS SECTION , UNLESS THE CONTEXT2
OTHERWISE REQUIRES, "LIBRARY RESOURCE" MEANS MATERIAL, BOTH3
PRINT AND NON-PRINT, FOUND IN A LIBRARY THAT SUPPORTS CURRICULAR4
AND PERSONAL INFORMATION NEEDS . PRINT ITEMS INCLUDE BOOKS ,5
MAGAZINES, NEWSPAPERS, PAMPHLETS, MICROFICHE, OR MICROFILM.6
N
ON-PRINT ITEMS INCLUDE FILMS, DISC RECORDS, FILMSTRIPS, SLIDES,7
PRINTS, AUDIOTAPES, VIDEOTAPES, COMPACT DISCS, AND COMPUTER8
SOFTWARE.9
SECTION 8. In Colorado Revised Statutes, 24-34-601, amend10
(2)(b); and add (2.7) as follows:11
24-34-601. Discrimination in places of public accommodation12
- definition. (2) (b) A claim brought pursuant to paragraph (a) of this
13
subsection (2) SUBSECTION (2)(a) OR (2.7) OF THIS SECTION that is based14
on disability is covered by the provisions of section 24-34-802. 15
(2.7) I
T IS A DISCRIMINATORY PRACTICE AND UNLAWFUL FOR ANY16
PERSON TO DISCRIMINATE AGAINST ANY INDIVIDUAL OR GROUP IN THE17
SELECTION, RETENTION, RECONSIDERATION, OR DISPLAY OF A LIBRARY18
RESOURCE IN A LIBRARY. FOR PURPOSES OF THIS SUBSECTION (2.7),19
UNLESS THE CONTEXT OTHERWISE REQUIRES , "LIBRARY RESOURCE" MEANS20
MATERIAL, BOTH PRINT AND NON -PRINT, FOUND IN A LIBRARY THAT21
SUPPORTS CURRICULAR AND PERSONAL INFORMATION NEEDS . PRINT ITEMS22
INCLUDE BOOKS, MAGAZINES, NEWSPAPERS, PAMPHLETS, MICROFICHE, OR23
MICROFILM. NON-PRINT ITEMS INCLUDE FILMS, DISC RECORDS, FILMSTRIPS,24
SLIDES, PRINTS, AUDIOTAPES, VIDEOTAPES, COMPACT DISCS, COMPUTER25
SOFTWARE, AND PUBLIC MEETING SPACES.26
SECTION 9. Safety clause. The general assembly finds,27
SB24-049
-16- determines, and declares that this act is necessary for the immediate1
preservation of the public peace, health, or safety or for appropriations for2
the support and maintenance of the departments of the state and state3
institutions.4
SB24-049
-17-