SB 799: RELATING TO THE FREEDOM TO READ.

A BILL FOR AN ACT

relating to the freedom to read.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the freedom to read is constitutionally protected by the First Amendment of the United States Constitution and that individuals have the right to free inquiry and the right to form their own opinions.  The freedom to read does not require a person to agree with topics or themes within a material, and instead allows a reader to explore and engage with differing perspectives to form and inform their own views.  The legislature further finds that school libraries and public libraries have an important role in promoting intellectual freedom, providing equitable access to learning resources, and promoting democracy by providing service to all persons.

     The legislature further finds that, according to the American Library Association, over four thousand two hundred works in school and public libraries in the United States were targeted in 2023, a significant increase from the 2022 record of almost two thousand six hundred books.  During the first eight months of 2024, 1,128 books were challenged.

     Additionally, the legislature finds that several states have enacted legislation to prevent book bans from occurring in their states:  California, Colorado, Illinois, Maryland, Minnesota, New Jersey, Vermont, and Washington; and more states are considering bans.  These laws, though tailored for each state, generally prohibit the banning of books in public and school libraries because of the origin, background, or views of the book or of its authors, although restrictions on content for certain age groups is allowed.  The legislature further finds that resolutions have been introduced in Congress raising concerns about the banning of books and censorship, the most recent being S. Res. 857, 118th Cong. (2nd Sess. 2024), titled "A resolution expressing concern about the spreading problem of book banning and the proliferation of threats to freedom of expression in the United States".  The resolution urges local governments and school districts to take action "to protect the rights of students to learn and the ability of educators and librarians to teach, including by providing students with the opportunity to read a wide array of books reflecting the full breadth and diversity of viewpoints and perspectives".

     The legislature acknowledges that there are existing board of education policies relating to the selection of material in public libraries and these policies may provide a framework for statutory protections of the freedom to read.

     Accordingly, the purpose of this Act is to protect the freedom to read in the State's public libraries and public school libraries.

     SECTION 2.  Chapter 302A, Hawaii Revised Statutes, is amended by adding a new subpart to part II to be appropriately designated and to read as follows:

"    .  School Libraries

     §302A-    Selection and acquisition of library books; freedom to read.  (a)  The department shall select materials for inclusion, circulation, and exclusion in school library collections according to the professional judgment of the selectors regarding the material's value to the library's collection.  Selection shall be for students from grades kindergarten through twelve in accordance with professionally accepted guidelines and shall be based on awareness of community interests and concerns, local, national and international issues and events, publishing trends, new insights, and societal trends, and provide a broad and relevant collection that reflects the diversity of the State.

     (b)  The department shall uphold the concept of the freedom to read.  No books or other materials shall be excluded or removed from circulation because of the race, nationality, religion, gender, sexual orientation, or political or social views of the author, or due to partisan, ideological, or religious disapproval.  Selection of materials shall not be construed to imply agreement with, approval or endorsement of the content, viewpoint, implication, or expression of the book or other material."

     SECTION 3.  Section 312-3.9, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§312-3.9[]]  Selection and acquisition of library books[.]; freedom to read.  [(a)  The board of education shall take all steps possible in any outsourcing contract in effect on July 1, 1997, including the development and implementation of necessary procedures, to ensure formal involvement by the state public service librarians in the selection of books and other library materials.

     (b)  Upon termination of any outsourcing contract in effect on July 1, 1997, decisions] (a)  Decisions regarding the selection of books and other resources on behalf of the state library system that require the expenditure of public moneys shall be performed internally by the public service librarians of the state library system.  The state librarian may contract with external sources for the purchase of books and other resources selected by the public service librarians.  The state librarian shall be responsible for books or other resources acquired on behalf of the state library system.

     (b)  The state librarian and state library system librarians shall select books and other materials for inclusion, circulation, and exclusion in the state library collection according to the professional judgment of the selector regarding the material's value to the library's collection.  Selection shall be for audiences of all ages in accordance with professionally accepted guidelines and shall be based on awareness of community interests and concerns, local, national and international issues and events, publishing trends, new insights, and societal trends, and provide a broad and relevant collection that reflects the diversity of the State.

     (c)  The state librarian and state library system librarians shall uphold the concept of the freedom to read.  No books or other materials shall be excluded or removed from circulation because of the race, nationality, religion, gender, sexual orientation, or political or social views of the author, or due to partisan, ideological, or religious disapproval.  Selection of materials shall not be construed to imply agreement with, approval or endorsement of the content, viewpoint, implication, or expression of the book or other material."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

DOE; Freedom to Read; School Libraries; Public Libraries; State Librarian

Description:

Requires the Department of Education to select materials for inclusion, circulation, and exclusion in school library collections according to certain criteria.  Requires the Department of Education to uphold the freedom to read.  Prohibits the Department of Education from excluding books based on certain criteria.  Requires the State Librarian to select materials for inclusion, circulation, and exclusion in school library collections according to certain criteria.  Requires the State Librarian to uphold the freedom to read.  Prohibits the State Librarian from excluding books based on certain criteria.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.