34-LS1136\G34-LS1136\I CS FOR SENATE BILL NO.
238(EDC)238 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FOURTH LEGISLATURE - SECOND SESSION BY THESENATOR SENATEKAWASAKI EDUCATIONIntroduced: COMMITTEE Referred:
Judiciary2/9/26 Sponsor(s):Referred:
SENATOREducation, KAWASAKIJudiciary 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 SB0238BSB0238A -1- CSSBSB 238(EDC)238 New Text Underlined [DELETED TEXT BRACKETED] 34-LS1136\G34-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 directorcommissioner 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 CSSBSB 238(EDC)238 -2- SB0238BSB0238A New Text Underlined [DELETED TEXT BRACKETED] 34-LS1136\G34-LS1136\I a public library to reconsider library material;
the procedure must (A) allow an individual who has heldused athe currentservices libraryof card issued by the public library forin atthe leastpast sixfive monthsyears 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 directorcommissioner 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 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 directorcommissioner 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 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;
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 directorcommissioner 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 CSSBjurisdiction 238(EDC)for -6-damages, SB0238Bincluding Newpunitive Textdamages, Underlinedand [DELETEDfor TEXTdeclaratory BRACKETED]and 34-LS1136\GSB jurisdiction238 for-6- damages,SB0238A includingNew punitiveText damages,Underlined and[DELETED forTEXT declaratoryBRACKETED] and34-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(2) -7-"censor" CSSBmeans 238(EDC)to Newblock Textlibrary Underlinedmaterial [DELETEDbased TEXTon BRACKETED]disagreement 34-LS1136\GSB0238A (2)-7- "censor"SB means238 toNew blockText libraryUnderlined material[DELETED basedTEXT onBRACKETED] disagreement34-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""librarian" means thean directoremployee ofwho theis divisiontrained ofas required by the departmentemployer thatand haswho responsibilityis responsible for statethe libraries,purchase, archives,selection, curation, removal, and museums;display of library material;
(4) "librarian""library material" means ana employeebook, whovideo, issubscription trainedor aslocally requiredcurated bydatabase, theperiodical, employerchart, graph, movie, game, map, interactive application and whosoftware, isother responsibleenrichment or entertainment material, and, for thea purchase,school selection,library, curation,other removal,material andnot displayrequired 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 material;or school library;
(5) "library"public material"library" 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 orestablished schoolunder library;AS 14.56.400;
(6) "public"reconsider" library" means to reclassify, move to a different section of the library, or remove from the library establishedan underitem ASin 14.56.400;the library's collection.
(7)SB "reconsider"238 means-8- toSB0238A reclassify,New moveText toUnderlined a[DELETED differentTEXT sectionBRACKETED] of the library, or remove from the library an item in the library's collection.
CSSB 238(EDC) -8- SB0238B New Text Underlined [DELETED TEXT BRACKETED]