The legislative instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Michael Bell.
CONFERENCE COMMITTEE REP ORT DIGEST
SB 7 2023 Regular Session Cloud
Keyword and summary of the bill as proposed by the Conference Committee
LIBRARIES. Provides relative to access to certain materials in public libraries. (8/1/23)
Report adopts House amendments to:
1. Require a "library patron" to reside in the parish where the library is located and be
of the age of majority.
2. Allow the governing authority to acquire material to implement the card system
without any limitations.
Report rejects House amendments which would have:
1. Established a review process that would have been triggered by no fewer than ten nor
more than twenty library patrons.
2. Changed the policy's adoption and implementation date from January 1, 2024, to
January 1, 2025.
Report amends the bill to:
1. Require each library to adopt a policy to limit the access of minors to sexually
explicit material no later than January 1, 2024, and the adopted policy must be
implemented by June 1, 2024.
Digest of the bill as proposed by the Conference Committee
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. Further provides that the adopted policy must be implemented by June 1, 2024.
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. Specify that nothing in proposed law shall limit the acquisition of
material by a library that implements the system provided for in proposed law.
(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 acceptable for
checkout 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 library patrons 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 patrons 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)