The original instrument was prepared by Thomas L. Tyler. The following digest,
which does not constitute a part of the legislative instrument, was prepared by LG
Sullivan.
DIGEST
SB 7 Reengrossed 2023 Regular Session Cloud
Present law provides for the establishment of libraries by parishes and municipalities.
Proposed law defines "digital content", "library patron", "sexual conduct", and "sexually explicit
material".
Proposed law requires that by January 1, 2024, each library established in accordance with present
law or pursuant to a home rule charter shall adopt and implement a policy to limit the access of
minors to sexually explicit material.
Proposed law requires the policy to include, at a minimum, the following:
(1)A requirement that community standards for the population served by the library be
considered when acquiring library material that would be accessible to minors through
donation or purchase.
(2)A library card system that requires a minor's parent or guardian to select whether the minor
is permitted to check out sexually explicit material physically available in the library. This
may be accomplished by either:
(a)A library card that restricts a minor from checking out any library material in a
collection that the library board of control has, through majority vote in an open
meeting, identified as containing sexually explicit material pursuant to a request for
reconsideration.
(b)A library card that restricts a minor from checking out any library material that the
library board of control has, through majority vote in an open meeting, identified as
sexually explicit material pursuant to a request for reconsideration.
(3)A library card system that requires a minor's parent or guardian to select whether the minor
is permitted to check out digital content. The library is required to list in the library's policy
each digital content source accessible by a minor that contains library material that the library
board of control has, through majority vote in an open meeting, identified as sexually explicit
material pursuant to a request for reconsideration.
(4)A procedure that allows a library patron to request the reconsideration of whether a library
material should be included in a library collection accessible to minors. The procedure shall
include, at a minimum, the following: (a)A process to review a reconsideration request. This process shall include but is not
limited to a written determination approving or denying the request, a process to
notify the library patron making the request of the written determination, and the
process to appeal the determination to the library board of control.
(b)A requirement that a request for reconsideration of a library material that may include
sexually explicit material be reviewed by the library board of control.
Proposed law provides for immunity of employees and agents of the library or a member of the
library board of control.
Proposed law allows a parish or municipality governing authority to withhold payments for
maintenance costs and other expenses from a library that fails to adopt and implement the policy
required by proposed law.
Proposed law requires the governing authority to provide 60 days written notice to the library board
of control prior to withholding any payments pursuant to proposed law.
Proposed law prohibits the bond commission from considering any application authorizing the
incurrence of debt or any application authorizing the levy of any tax where the proceeds of the debt
or tax directly benefit any library that fails to adopt and implement the policy required by proposed
law until the library adopts and implements the policy required by proposed law.
Effective August 1, 2023.
(Adds R.S. 25:225)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the original bill
1. Provides for a library card system that requires a minor's parent or guardian to select
whether the minor is permitted to check out sexually explicit material physically
available in the library.
2. Provides for a library card system that requires a minor's parent or guardian to select
whether the minor is permitted to check out digital content.
3. Requires the library to list in the library's policy each digital content source accessible
by a minor that contains library material that the library board of control has, through
majority vote in an open meeting, identified as sexually explicit material pursuant to
a request for reconsideration.
4. Provides for immunity of a member of the library board of control. 5. Requires the governing authority to provide 60 days written notice to the library
board of control prior to withholding any payments pursuant to proposed law.
Committee Amendments Proposed by Senate Committee on Education to the engrossed bill
1. Clarify that community standards are to be considered when acquiring material
accessible to minors.
2. Clarify that required procedure must allow a library patron to request the
reconsideration of whether a library material should be included in a library
collection accessible to minors.