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34-LS1136\G CS FOR SENATE BILL NO.
34-LS1136\I SENATE BILL NO.
238(EDC) IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FOURTH LEGISLATURE - SECOND SESSION BY THE SENATE EDUCATION COMMITTEE Referred:
238 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FOURTH LEGISLATURE - SECOND SESSION BY SENATOR KAWASAKI Introduced:
Judiciary Sponsor(s):
2/9/26 Referred:
SENATOR KAWASAKI A BILL FOR AN ACT ENTITLED "An Act relating to access to library material;
Education, Judiciary A BILL FOR AN ACT ENTITLED "An Act relating to access to library material;
(f) It is an affirmative defense to a prosecution under this section that, at the SB0238B -1- CSSB 238(EDC) New Text Underlined [DELETED TEXT BRACKETED] 34-LS1136\G time of the offense, the defendant was acting in the course of employment as an employee or official of a school, museum, or public library.
(f) It is an affirmative defense to a prosecution under this section that, at the SB0238A -1- SB 238 New Text Underlined [DELETED TEXT BRACKETED] 34-LS1136\I time of the offense, the defendant was acting in the course of employment as an employee or official of a school, museum, or public library.
(b) The director shall establish and update as necessary a model policy on the curation and reconsideration of library material within a public library.
(b) The commissioner shall establish and update as necessary a model policy on the curation and reconsideration of library material within a public library.
(6) establish a model form and a procedure for an individual to request CSSB 238(EDC) -2- SB0238B New Text Underlined [DELETED TEXT BRACKETED] 34-LS1136\G a public library to reconsider library material;
(6) establish a model form and a procedure for an individual to request SB 238 -2- SB0238A New Text Underlined [DELETED TEXT BRACKETED] 34-LS1136\I a public library to reconsider library material;
the procedure must (A) allow an individual who has held a current library card issued by the public library for at least six months and who resides in the public library's designated service area to initiate the review of a specific library material by submitting a request for the public library to reconsider the library material;
the procedure must (A) allow an individual who has used the services of the public library in the past five years and who resides in the public library's designated service area to initiate the review of a specific library material by submitting a request for the public library to reconsider the library material;
(c) The governing body of a public library shall adopt the model policy established by the director under (b) of this section, as well as any updates to the model policy.
(c) The governing body of a public library shall adopt the model policy established by the commissioner under (b) of this section, as well as any updates to the model policy.
The governing body of a public library may not, based on disagreement with the ideas or concepts expressed by the library material, including objections to a depiction of race, gender, sexuality, or religious or political views, prohibit the public library from acquiring, maintaining, or SB0238B -3- CSSB 238(EDC) New Text Underlined [DELETED TEXT BRACKETED] 34-LS1136\G displaying a specific work or subject matter, restrict access or searchability of library material, or require parental permission for a minor to access library material.
The governing body of a public library may not, based on disagreement with the ideas or concepts expressed by the library material, including objections to a depiction of race, gender, sexuality, or religious or political views, prohibit the public library from acquiring, maintaining, or displaying a specific work or subject matter, restrict access or searchability of library SB0238A -3- SB 238 New Text Underlined [DELETED TEXT BRACKETED] 34-LS1136\I material, or require parental permission for a minor to access library material.
(b) The director shall establish and update as necessary a model policy on the curation and reconsideration of library material within a school library.
(b) The commissioner shall establish and update as necessary a model policy on the curation and reconsideration of library material within a school library.
CSSB 238(EDC) -4- SB0238B New Text Underlined [DELETED TEXT BRACKETED] 34-LS1136\G (2) prohibit the removal of library material from a school library based on the origin of, background of, or views expressed by the library material or of those contributing to its creation;
(2) prohibit the removal of library material from a school library based SB 238 -4- SB0238A New Text Underlined [DELETED TEXT BRACKETED] 34-LS1136\I on the origin of, background of, or views expressed by the library material or of those contributing to its creation;
(B) require that an individual submitting a request for a school library to reconsider library material review the library material as a whole and not challenge library material based on selective passages that are taken out of SB0238B -5- CSSB 238(EDC) New Text Underlined [DELETED TEXT BRACKETED] 34-LS1136\G context;
(B) require that an individual submitting a request for a school library to reconsider library material review the library material as a whole and not challenge library material based on selective passages that are taken out of context;
(C) provide that, during the review process, the library material subject to reconsideration may not be removed from its location within the library and must remain available for students to reserve, check out, or access;
SB0238A -5- SB 238 New Text Underlined [DELETED TEXT BRACKETED] 34-LS1136\I (C) provide that, during the review process, the library material subject to reconsideration may not be removed from its location within the library and must remain available for students to reserve, check out, or access;
(c) A school board shall adopt the model policy established by the director under (b) of this section, as well as any updates to the model policy.
(c) A school board shall adopt the model policy established by the commissioner under (b) of this section, as well as any updates to the model policy.
(b) A school or library employee may bring an action in a court of competent CSSB 238(EDC) -6- SB0238B New Text Underlined [DELETED TEXT BRACKETED] 34-LS1136\G jurisdiction for damages, including punitive damages, and for declaratory and injunctive relief and other remedies as may be appropriate against a government entity that violates (a)(2) of this section by disciplining, terminating, or threatening to discipline or terminate the librarian for the librarian's refusal to censor library material.
(b) A school or library employee may bring an action in a court of competent jurisdiction for damages, including punitive damages, and for declaratory and SB 238 -6- SB0238A New Text Underlined [DELETED TEXT BRACKETED] 34-LS1136\I injunctive relief and other remedies as may be appropriate against a government entity that violates (a)(2) of this section by disciplining, terminating, or threatening to discipline or terminate the librarian for the librarian's refusal to censor library material.
SB0238B -7- CSSB 238(EDC) New Text Underlined [DELETED TEXT BRACKETED] 34-LS1136\G (2) "censor" means to block library material based on disagreement with the ideas or concepts expressed by the material, or based on objections to sexual content, without having made a finding that, with respect to the specific population to which the material is made available, (A) the average person, applying contemporary community standards, would find the library material, taken as a whole, appeals to the prurient interest;
(2) "censor" means to block library material based on disagreement SB0238A -7- SB 238 New Text Underlined [DELETED TEXT BRACKETED] 34-LS1136\I with the ideas or concepts expressed by the material, or based on objections to sexual content, without having made a finding that, with respect to the specific population to which the material is made available, (A) the average person, applying contemporary community standards, would find the library material, taken as a whole, appeals to the prurient interest;
(3) "director" means the director of the division of the department that has responsibility for state libraries, archives, and museums;
(3) "librarian" means an employee who is trained as required by the employer and who is responsible for the purchase, selection, curation, removal, and display of library material;
(4) "librarian" means an employee who is trained as required by the employer and who is responsible for the purchase, selection, curation, removal, and display of library material;
(4) "library material" means a book, video, subscription or locally curated database, periodical, chart, graph, movie, game, map, interactive application and software, other enrichment or entertainment material, and, for a school library, other material not required as part of classroom instruction, in a printed or electronic format belonging to, on loan to, or otherwise in the custody of a public library or school library;
(5) "library material" means a book, video, subscription or locally curated database, periodical, chart, graph, movie, game, map, interactive application and software, other enrichment or entertainment material, and, for a school library, other material not required as part of classroom instruction, in a printed or electronic format belonging to, on loan to, or otherwise in the custody of a public library or school library;
(5) "public library" means a library established under AS 14.56.400;
(6) "public library" means a library established under AS 14.56.400;
(6) "reconsider" means to reclassify, move to a different section of the library, or remove from the library an item in the library's collection.
(7) "reconsider" means to reclassify, move to a different section of the library, or remove from the library an item in the library's collection.
SB 238 -8- SB0238A New Text Underlined [DELETED TEXT BRACKETED]
CSSB 238(EDC) -8- SB0238B New Text Underlined [DELETED TEXT BRACKETED]
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