Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0701 Compare Versions

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

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2	2	<BillNo> <Sponsor>
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4	4	SENATE BILL 701
5	5	By Kyle
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7	7
8	8	SB0701
9	9	002297
10	10	- 1 -
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12	12	AN ACT to amend Tennessee Code Annotated, Title 10
13	13	and Title 49, relative to libraries.
14	14
15	15	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
16	16	SECTION 1. Tennessee Code Annotated, Title 10, Chapter 3, is amended by adding
17	17	the following as a new part:
18	18	10-3-201. Short title.
19	19	This part is known and may be cited as the "Freedom to Read Act."
20	20	10-3-202. Part definitions.
21	21	As used in this part:
22	22	(1) "Governing body" means a group of persons that oversee the
23	23	operations, budget, policies, and other administrative responsibilities of a public
24	24	library;
25	25	(2) "Materials" means books, periodicals, newspapers, manuscripts,
26	26	films, prints, documents, microfilm, discs, cassettes, videotapes, videogames,
27	27	applications, and subscription content in any form; and
28	28	(3) "Public library":
29	29	(A) Means:
30	30	(A) A library that provides free access to all residents of a
31	31	city or county, and is organized under the provisions of this
32	32	chapter;
33	33	(B) A school library operated by a local board of education
34	34	or public charter school governing body; and
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39	39	(C) A library operated by a public institution of higher
40	40	education; and
41	41	(B) Does not include libraries such as law, medical, or other
42	42	libraries organized to serve a special group of persons and not the
43	43	general public.
44	44	10-3-203. Book banning prohibited.
45	45	(a) A public library shall not ban, remove, or otherwise restrict access to a book
46	46	or other material based solely on its viewpoint or the messages, ideas, or opinions it
47	47	conveys, except as provided in subsection (b).
48	48	(b) A public library may decline to purchase, lend, or shelve, or to remove or
49	49	restrict access to, books or other materials legitimately based upon:
50	50	(1) Practical reasons, including, but not limited to, shelf space limitations,
51	51	rare or antiquarian status, damage, or obsolescence;
52	52	(2) Legitimate pedagogical concerns, including, but not limited to, the
53	53	appropriateness of potentially sensitive topics for the library's intended audience,
54	54	the selection of books and materials for a curated collection, or the likelihood of
55	55	causing a material and substantial disruption of the work and discipline of the
56	56	school; or
57	57	(3) Compliance with state or federal law.
58	58	10-3-204. Prohibition of discrimination for enforcement of this part.
59	59	A governing body of a public library or any other public body with personnel
60	60	authority for a public library shall not discriminate against or discipline an employee for
61	61	complying with this part.
62	62	10-3-205. Library materials policy.
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67	67	(a) A governing body of a public library shall adopt a policy that establishes
68	68	procedures for selection of, challenges to, and reconsideration of library materials in
69	69	accordance with this part.
70	70	(b) The policy must establish that the procedures for selection and
71	71	reconsideration will be administered by:
72	72	(1) A librarian certified under title 10, chapter 2;
73	73	(2) The state library coordinator as described under § 49-1-217;
74	74	(3) An individual with a master's degree in library science or library and
75	75	information science; or
76	76	(4) A professional librarian or a person trained in library collection
77	77	management.
78	78	(c) Upon the completion of a content challenge or reconsideration process in
79	79	accordance with the governing body's adopted policy, the governing body must submit a
80	80	report of the challenge to the Tennessee state library coordinator that includes:
81	81	(1) The title, author, and other relevant identifying information about the
82	82	material being challenged;
83	83	(2) The date, time, and location of any public hearing held on the
84	84	challenge in question, including minutes or transcripts;
85	85	(3) The result of the challenge or reconsideration request; and
86	86	(4) Accurate and timely information on who from the governing body the
87	87	department of education may contact with questions or follow-up.
88	88	SECTION 2. Tennessee Code Annotated, Title 49, Chapter 6, Part 38, is amended by
89	89	deleting the part.
90	90	SECTION 3. Tennessee Code Annotated, Section 49-6-2201, is amended by deleting
91	91	subsection (m).
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96	96	SECTION 4. The headings in this act are for reference purposes only and do not
97	97	constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
98	98	requested to include the headings in any compilation or publication containing this act.
99	99	SECTION 5. This act takes effect July 1, 2025, the public welfare requiring it.