SENATE BILL 24-216
BY SENATOR(S) Cutter and Michaelson Jenet, Kolker, Buckner,
Coleman, Danielson, Fields, Gonzales, Jaquez Lewis, Marchman, Sullivan,
Winter F.;
also REPRESENTATIVE(S) Joseph and Hamrick, Bacon, Boesenecker,
Brown, English, Epps, Froelich, Garcia, Hernandez, Herod, Kipp, Lieder,
Lindsay, Mabrey, Marvin, Mauro, McCormick, McLachlan, Ortiz, Parenti,
Ricks, Rutinel, Sirota, Story, Titone, Valdez, Vigil, Willford.
C
ONCERNING STANDARDS THAT PUBLIC LIBRARIES ARE REQUIRED TO
INCLUDE IN POLICIES REGARDING LIBRARY RESOURCES
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that librarians are highly trained and educated and that
they intentionally and thoughtfully select library resources for their specific
communities to educate and entertain public library patrons.
(2) The general assembly further finds and declares that:
(a) A full range of books and other library resources should be
provided for the interest and enlightenment of all people in the communities
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. that public libraries serve;
(b) The opportunity to be exposed to a wide variety of perspectives
and experiences via books and other library materials engenders empathy
and understanding;
(c) Recent challenges to library materials have targeted various
protected classes, including individuals based on their race and sexual
orientation, constituting dangerous discrimination and limiting some
individuals from adequate representation and participation in institutional
public life;
(d) Community members have challenged the inclusion of library
resources in public libraries and have successfully demanded the removal
of library resources;
(e) Removing library resources prevents others from examining,
enjoying, and learning from the removed library resources; and
(f) It is important that public libraries' policies for the acquisition,
retention, display, reconsideration, and use of library resources and for the
use of public library facilities comply with standards that identify the
priorities and mission of public libraries.
SECTION 2. In Colorado Revised Statutes, add 24-90-122 as
follows:
24-90-122. Public libraries - standards for acquisition - retention
- display - utilization - reconsideration of library resources - use of
library facilities - employee protections - definition. (1) Definition. A
S
USED IN THIS SECTION
, UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "L
IBRARY RESOURCE" MEANS MATERIAL, BOTH PRINT AND
NON
-PRINT, FOUND IN A PUBLIC LIBRARY THAT SUPPORTS CURRICULAR OR
PERSONAL INFORMATION NEEDS
. PRINT ITEMS INCLUDE BOOKS, MAGAZINES,
NEWSPAPERS, PAMPHLETS, MICROFICHE, OR MICROFILM. NON-PRINT ITEMS
INCLUDE FILMS
, DISC RECORDS, FILMSTRIPS, SLIDES, PRINTS, AUDIOTAPES,
VIDEOTAPES, COMPACT DISCS, COMPUTER SOFTWARE, LIBRARY PROGRAMS,
AND EXHIBITS.
PAGE 2-SENATE BILL 24-216 (b) "PUBLIC LIBRARY" MEANS A PUBLIC LIBRARY AS DEFINED IN
SECTION
24-90-103 (13) THAT IS ESTABLISHED, OPERATED, OR MAINTAINED
PURSUANT TO THIS PART
1.
(2) Standards. I
N ADDITION TO THE POWERS AND DUTIES SPECIFIED
IN SECTION
24-90-109, A BOARD OF TRUSTEES OF A PUBLIC LIBRARY SHALL
ESTABLISH WRITTEN POLICIES FOR THE ACQUISITION
, RETENTION, DISPLAY,
AND USE OF LIBRARY RESOURCES AND FOR THE USE OF A PUBLIC LIBRARY
FACILITY
. IN ADDITION, THE BOARD OF TRUSTEES OF A PUBLIC LIBRARY THAT
RECONSIDERS LIBRARY RESOURCES AS SPECIFIED IN SUBSECTION
(3) OF THIS
SECTION SHALL ESTABLISH A WRITTEN POLICY FOR THE RECONSIDERATION
OF A LIBRARY RESOURCE
. THE BOARD OF TRUSTEES SHALL ESTABLISH
POLICIES AS REQUIRED BY THIS SUBSECTION
(2) THAT, AT A MINIMUM,
COMPLY WITH THE FOLLOWING STANDARDS :
(a) A
PUBLIC LIBRARY SERVES AS A CENTER FOR VOLUNTARY
INQUIRY AND THE DISSEMINATION OF INFORMATION AND IDEAS
;
(b) T
HE PUBLIC HAS THE RIGHT TO ACCESS A RANGE OF SOCIAL ,
POLITICAL, AESTHETIC, MORAL, AND OTHER IDEAS AND EXPERIENCES
THROUGH A PUBLIC LIBRARY
;
(c) E
ACH LIBRARY RESOURCE IS PROVIDED FOR THE INTEREST ,
INFORMATION, AND ENLIGHTENMENT OF THE COMMUNITY AND SHOULD
PRESENT DIVERSE POINTS OF VIEW IN THE COLLECTION AS A WHOLE
;
(d)
A PUBLIC LIBRARY SHALL NOT EXCLUDE A LIBRARY RESOURCE
BECAUSE OF THE ETHNIC ORIGIN
, ETHNIC BACKGROUND , OR GENDER
IDENTITY OF THOSE CONTRIBUTING TO THE CREATION OF THE LIBRARY
RESOURCE OR BECAUSE OF THE TOPIC ADDRESSED BY THE LIBRARY
RESOURCE OR THE OPINIONS EXPRESSED IN THE LIBRARY RESOURCE
;
(e) A
PUBLIC LIBRARY SHALL NOT PROSCRIBE OR PROHIBIT THE
CIRCULATION OR PROCUREMENT OF A LIBRARY RESOURCE BECAUSE OF
PARTISAN OR DOCTRINAL DISAPPROVAL OF THE LIBRARY RESOURCE
;
(f) I
T IS THE RESPONSIBILITY OF A PUBLIC LIBRARY TO CHALLENGE
CENSORSHIP IN THE FULFILLMENT OF ITS RESPONSIBILITY TO PROVIDE
INFORMATION AND ENLIGHTENMENT
;
PAGE 3-SENATE BILL 24-216 (g) A PUBLIC LIBRARY SHALL CONSIDER THE PERSPECTIVES OF
MARGINALIZED GROUPS
, INCLUDING THOSE IDENTIFIED IN SECTION 22-1-104
(1)(a);
(h) F
OR A PUBLIC LIBRARY THAT PROVIDES FACILITIES TO THE
PUBLIC
, THE LIBRARY SHALL MAKE THE FACILITIES AVAILABLE ON AN
EQUITABLE BASIS
, REGARDLESS OF THE BELIEFS OR AFFILIATIONS OF
INDIVIDUALS OR GROUPS REQUESTING THEIR USE
; AND
(i) A PUBLIC LIBRARY SHALL PROHIBIT DISCRIMINATION BASED ON
AGE
, BACKGROUND, POLITICAL OR RELIGIOUS VIEWS, ORIGIN, DISABILITY,
RACE, COLOR, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, GENDER
EXPRESSION
, MARITAL STATUS, NATIONAL ORIGIN, OR ANCESTRY IN THE
SELECTION
, RETENTION, DISPLAY, USE, OR RECONSIDERATION OF LIBRARY
RESOURCES AND PUBLIC MEETING SPACES
.
(3) Reconsideration of library resources. (a) (I) E
XCEPT AS
OTHERWISE PROVIDED IN SUBSECTION
(3)(a)(II) OF THIS SECTION, A PUBLIC
LIBRARY MAY REMOVE A LIBRARY RESOURCE FROM ITS PERMANENT
COLLECTION ONLY IF THE LIBRARY RESOURCE HAS BEEN REVIEWED IN
ACCORDANCE WITH AN ESTABLISHED POLICY FOR THE RECONSIDERATION OF
LIBRARY RESOURCES THAT COMPLIES WITH THE REQUIREMENTS OF
SUBSECTION
(2) OF THIS SECTION. A PUBLIC LIBRARY THAT HAS NOT
ESTABLISHED A POLICY FOR THE RECONSIDERATION OF LIBRARY RESOURCES
OR THAT HAS A POLICY FOR THE RECONSIDERATION OF LIBRARY RESOURCES
THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF SUBSECTION
(2) OF
THIS SECTION MAY NOT REMOVE A LIBRARY RESOURCE FROM ITS PERMANENT
COLLECTION
.
(II) T
HE PROVISIONS OF SUBSECTION (3)(a)(I) OF THIS SECTION DO
NOT APPLY TO ROUTINE COLLECTION MAINTENANCE AND DEACCESSION IN
ACCORDANCE WITH A PUBLIC LIBRARY
'S ESTABLISHED COLLECTION
DEVELOPMENT AND MAINTENANCE POLICY
.
(b) T
HE BOARD OF TRUSTEES OF A PUBLIC LIBRARY THAT HAS
ESTABLISHED A POLICY FOR THE RECONSIDERATION OF LIBRARY RESOURCES
THAT COMPLIES WITH THE REQUIREMENTS OF SUBSECTION
(2) OF THIS
SECTION AND THAT RECONSIDERS LIBRARY RESOURCES IN ACCORDANCE
WITH THAT POLICY SHALL MAKE ITS RECONSIDERATION POLICY AVAILABLE
TO THE PUBLIC ON ITS WEBSITE
.
PAGE 4-SENATE BILL 24-216 (c) TO MAKE A REQUEST FOR RECONSIDERATION OF A LIBRARY
RESOURCE
, THE INDIVIDUAL MAKING THE REQUEST MUST RESIDE IN THE
LEGAL SERVICE AREA FOR THE LIBRARY IN WHICH THE REQUEST IS MADE
.
(d) A
PUBLIC LIBRARY SHALL NOT RECONSIDER THE SAME LIBRARY
RESOURCE MORE THAN ONCE EVERY TWO YEARS
; EXCEPT THAT A PUBLIC
LIBRARY
'S ESTABLISHED POLICY FOR THE RECONSIDERATION OF A LIBRARY
RESOURCE MAY SPECIFY A PERIOD LONGER THAN TWO YEARS DURING WHICH
THE PUBLIC LIBRARY WILL NOT RECONSIDER THE SAME LIBRARY RESOURCE
.
(e) (I) O
NCE A FINAL DETERMINATION HAS BEEN MADE FOR A
LIBRARY RESOURCE THAT IS THE SUBJECT OF A REQUEST FOR
RECONSIDERATION
, THE BOARD OF TRUSTEES SHALL MAKE THE
DETERMINATION AND HOW IT COMPORTS WITH THE PROVISIONS OF
SUBSECTION
(2) OF THIS SECTION AVAILABLE TO THE PUBLIC.
(II) A
PUBLIC LIBRARY SHALL NOT REMOVE , DISCONTINUE, OR
RESTRICT A LIBRARY RESOURCE AS THE RESULT OF A REQUEST FOR
RECONSIDERATION UNTIL THE DETERMINATION REGARDING THE LIBRARY
RESOURCE HAS BEEN MADE AVAILABLE TO THE PUBLIC PURSUANT TO
SUBSECTION
(3)(e)(I) OF THIS SECTION.
(f) A
WRITTEN REQUEST FOR RECONSIDERATION OF A LIBRARY
RESOURCE IS NOT A LIBRARY USER RECORD AS DESCRIBED IN SECTION
24-90-119 (1). A WRITTEN REQUEST FOR RECONSIDERATION OF A LIBRARY
RESOURCE IS AN OPEN RECORD UNDER THE
"COLORADO OPEN RECORDS
ACT", PART 2 OF ARTICLE 72 OF THIS TITLE 24.
(4) Retaliation against library employees prohibited. A
N
INDIVIDUAL WHO IS A LIBRARIAN
, MEDIA SPECIALIST, OTHER EMPLOYEE,
CONTRACTOR, OR VOLUNTEER AT A PUBLIC LIBRARY SHALL NOT BE SUBJECT
TO TERMINATION
, DEMOTION, DISCIPLINE, OR RETALIATION FOR REFUSING TO
REMOVE A LIBRARY RESOURCE BEFORE IT HAS BEEN REVIEWED IN
ACCORDANCE WITH THE PUBLIC LIBRARY
'S POLICY FOR THE
RECONSIDERATION OF LIBRARY RESOURCES OR FOR MAKING DISPLAYS
,
ACQUISITIONS, OR PROGRAMMING DECISIONS THAT THE LIBRARIAN , MEDIA
SPECIALIST
, OTHER EMPLOYEE, CONTRACTOR, OR VOLUNTEER BELIEVES, IN
GOOD FAITH
, ARE IN ACCORDANCE WITH THE STANDARDS SPECIFIED IN
SUBSECTION
(2) OF THIS SECTION.
PAGE 5-SENATE BILL 24-216 SECTION 3. In Colorado Revised Statutes, 24-90-119, add (4) as
follows:
24-90-119. Privacy of user records. (4) A
WRITTEN REQUEST FOR
RECONSIDERATION OF A LIBRARY RESOURCE MADE AT A PUBLIC LIBRARY
PURSUANT TO SECTION
24-90-122 (3) IS NOT A LIBRARY USER RECORD AS
DESCRIBED IN SUBSECTION
(1) OF THIS SECTION.
SECTION 4. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
PAGE 6-SENATE BILL 24-216 preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 7-SENATE BILL 24-216