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2 | 2 | | HOUSE DOCKET, NO. 4443 FILED ON: 7/6/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 4235 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Aaron L. Saunders |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act protecting against attempts to ban, remove, or restrict library access to materials. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Aaron L. Saunders7th Hampden7/5/2023Jacob R. OliveiraHampden, Hampshire and Worcester7/6/2023Jessica Ann Giannino16th Suffolk7/12/2023Lindsay N. Sabadosa1st Hampshire7/12/2023Steven Owens29th Middlesex7/12/2023Samantha Montaño15th Suffolk7/12/2023Edward R. Philips8th Norfolk7/12/2023Smitty Pignatelli3rd Berkshire7/14/2023 1 of 5 |
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16 | 16 | | HOUSE DOCKET, NO. 4443 FILED ON: 7/6/2023 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 4235 |
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18 | 18 | | By Representative Saunders of Belchertown, a petition (subject to Joint Rule 12) of Aaron L. |
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19 | 19 | | Saunders and others for legislation to further regulate access to certain library materials. |
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20 | 20 | | Tourism, Arts and Cultural Development. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Third General Court |
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24 | 24 | | (2023-2024) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act protecting against attempts to ban, remove, or restrict library access to materials. |
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27 | 27 | | Whereas, The deferred operation of this act would tend to defeat its purposes, which are |
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28 | 28 | | to protect against attempts to ban, remove or restrict library access to materials, therefore it is |
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29 | 29 | | hereby declared to be an emergency law, necessary for the immediate preservation of the public |
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30 | 30 | | convenience. |
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31 | 31 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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32 | 32 | | of the same, as follows: |
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33 | 33 | | 1 SECTION 1. Section 10 of chapter 78 of the General Laws, as appearing in the 2022 |
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34 | 34 | | 2Official Edition, is hereby amended by striking out, in line 8, the words “male or female,”. |
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35 | 35 | | 3 SECTION 2. Said section 10 of said chapter 78, as so appearing, is hereby further |
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36 | 36 | | 4amended by striking out, in line 13, the word “chairman” and inserting in place thereof the |
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37 | 37 | | 5following word:- chair. |
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38 | 38 | | 6 SECTION 3. Section 11 of said chapter 78, as so appearing, is hereby amended by adding |
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39 | 39 | | 7the following sentence:- The board shall implement standards adopted by the American Library |
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40 | 40 | | 8Association, including, but not limited to, its Library Bill of Rights, and shall, subject to 2 of 5 |
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41 | 41 | | 9appropriation, appropriate funding to support the expansion of access to library materials as |
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42 | 42 | | 10necessitated by said standards. |
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43 | 43 | | 11 SECTION 4. Section 14 of said chapter 78, as so appearing, is hereby amended by |
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44 | 44 | | 12striking out, in line 5, the word “his” and inserting in place thereof the following words:- the |
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45 | 45 | | 13member’s. |
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46 | 46 | | 14 SECTION 5. Said section 14 of said chapter 78, as so appearing, is hereby further |
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47 | 47 | | 15amended by striking out, in line 13, the word “chairman” and inserting in place thereof the |
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48 | 48 | | 16following word:- chair. |
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49 | 49 | | 17 SECTION 6. Said section 14 of said chapter 78, as so appearing, is hereby further |
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50 | 50 | | 18amended by striking out, in lines 18 and 21, the word “his” and inserting in place thereof, in each |
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51 | 51 | | 19instance, the following word:- their. |
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52 | 52 | | 20 SECTION 7. Said section 14 of said chapter 78, as so appearing, is hereby further |
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53 | 53 | | 21amended by striking out, in line 19, the word “him” and inserting in place thereof the following |
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54 | 54 | | 22words:- the director. |
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55 | 55 | | 23 SECTION 8. Said section 14 of said chapter 78, as so appearing, is hereby further |
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56 | 56 | | 24amended by striking out, in line 22, the word “him” and inserting in place thereof the following |
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57 | 57 | | 25words:- the deputy director. |
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58 | 58 | | 26 SECTION 9. Section 15 of said chapter 78, as so appearing, is hereby amended by |
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59 | 59 | | 27inserting after the word “library”, in line 6, the following words:- in accordance with standards |
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60 | 60 | | 28adopted by the American Library Association including, but not limited to, its Library Bill of |
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61 | 61 | | 29Rights. 3 of 5 |
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62 | 62 | | 30 SECTION 10. Section 19A of said chapter 78, as so appearing, is hereby amended by |
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63 | 63 | | 31inserting after the word “board”, in line 5, the following words:- , which shall include, but not |
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64 | 64 | | 32limited to, adhering to the American Library Association’s Library Bill of Rights. If a town or |
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65 | 65 | | 33city does not follow these criteria and if the city or town takes action to ban materials and library |
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66 | 66 | | 34access, they lose access to the State Aid. |
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67 | 67 | | 35 SECTION 11. Section 19E of said chapter 78, as so appearing, is hereby amended by |
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68 | 68 | | 36adding the following paragraph:- |
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69 | 69 | | 37 To expand access to resources. The board shall adopt and offer guidelines consistent |
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70 | 70 | | 38with the standards adopted by the American Library Association including, but not limited to, its |
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71 | 71 | | 39Library Bill of Rights. |
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72 | 72 | | 40 SECTION 12. Section 33 of said chapter 78, as so appearing, is hereby amended by |
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73 | 73 | | 41inserting after the word “establish”, in line 3, the following words:- and implement. |
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74 | 74 | | 42 SECTION 13. Said section 33 of said chapter 78, as so appearing, is further amended by |
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75 | 75 | | 43inserting after the word “Association”, in line 6, the following words:- including, but not limited |
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76 | 76 | | 44to, its Library Bill of Rights |
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77 | 77 | | 45 SECTION 14. Said chapter 78 is hereby further amended by adding the following 2 |
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78 | 78 | | 46sections: - |
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79 | 79 | | 47 Section 35. There shall be established and set up on the books of the commonwealth a |
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80 | 80 | | 48separate fund, to be known as the Book Access Fund, that will be allocated to cities or towns that |
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81 | 81 | | 49have challenged the banning of books. The board of library commissioners shall administer |
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82 | 82 | | 50allocation to the treasurer of cities or towns. Notwithstanding any general or special law to the 4 of 5 |
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83 | 83 | | 51contrary, there shall be credited to the fund any revenue subject to appropriations or other money |
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84 | 84 | | 52authorized by the general court and specifically designated to be credited to the fund. |
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85 | 85 | | 53Expenditures made from the fund shall complement and not replace existing local, state, private |
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86 | 86 | | 54or federal funding. Amounts credited to the fund shall be expended, without further |
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87 | 87 | | 55appropriation, including but not limited to increasing collections of books, staff training, and |
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88 | 88 | | 56supporting programming that expand access to library materials. The board of library |
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89 | 89 | | 57commissioners shall promulgate guidelines as necessary to implement this section. |
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90 | 90 | | 58 Section 36. The board of library commissioners shall promulgate rules and regulations |
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91 | 91 | | 59to: |
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92 | 92 | | 60 (i) implement the American Library Association’s Library Bill of Rights; |
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93 | 93 | | 61 (ii) provide library service for every citizen in the commonwealth by extending library |
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94 | 94 | | 62facilities to underserved areas; |
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95 | 95 | | 63 (iii) provide library materials to meet the needs of students at every educational level; |
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96 | 96 | | 64 (iv) provide adequate library materials to satisfy the reference and research needs of the |
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97 | 97 | | 65citizens of the commonwealth; |
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98 | 98 | | 66 (v) provide an adequate staff of professionally- trained librarians for the commonwealth; |
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99 | 99 | | 67 (vi) ensure that materials are not to be removed because of partisan or doctrinal and |
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100 | 100 | | 68develop a written statement declaring the inherent authority of the library or library system to |
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101 | 101 | | 69provide an adequate collection stock of books and other materials sufficient in size and varied in |
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102 | 102 | | 70kind and subject matter to satisfy the needs of the citizens of the Commonwealth and prohibit the |
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103 | 103 | | 71practice of banning specific books or resources; 5 of 5 |
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104 | 104 | | 72 (vii) provide adequate library outlets and facilities with convenient locations and hours of |
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105 | 105 | | 73operation to serve the citizens of the commonwealth; |
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106 | 106 | | 74 (viii) encourage existing and new libraries to develop library systems serving a |
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107 | 107 | | 75sufficiently large population to support adequate library service at a reasonable cost; and |
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108 | 108 | | 76 (ix) foster the economic and efficient utilization of public funds. |
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109 | 109 | | 77 SECTION 15. The board of library commissioners shall submit a report on the banning |
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110 | 110 | | 78of books in the commonwealth and its impact on communities along with recommendations, if |
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111 | 111 | | 79any, on how to ensure the expansion of library materials and protect against attempts to ban, |
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112 | 112 | | 80remove, or otherwise restrict access to books or other materials to the clerks of the senate and |
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113 | 113 | | 81house of representative, joint committee on municipalities and regional government, and the |
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114 | 114 | | 82senate and house committee on ways and means. |
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