Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4235 Compare Versions

Only one version of the bill is available at this time.

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