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AR SB81

Bill

Status

Passed

4/4/2023

Primary Sponsor

Dan Sullivan

Click for details

Origin

Senate

94th General Assembly (2023 Regular)

AI Summary

SB81 Summary

  • Creates new Class A misdemeanor offense for "furnishing a harmful item to a minor," defined as knowingly providing or transmitting materials depicting nudity, sexual conduct, or sadomasochistic abuse to minors through physical or electronic means, with limited exceptions for internet posting and mailing lists.

  • Amends obscenity law to add library lending as a regulated activity and modifies employee liability defense to explicitly exclude public libraries from immunity protections for disseminating obscene materials.

  • Establishes material challenge procedures for school and public libraries requiring written policies, mandatory librarian/principal conferences before formal challenges, and committee review with appeals to school boards or governing bodies within 30 days.

  • Authorizes relocation of challenged materials to areas inaccessible to minors under 18 years old rather than outright removal, with materials reviewed in entirety and protected from withdrawal based solely on viewpoints expressed.

  • Allows parents or legal guardians to access library records of minors under 18 years old and requires all challenge meetings and records to be public under the Freedom of Information Act.

Legislative Description

To Amend The Law Concerning Libraries And Obscene Materials; To Create The Offense Of Furnishing A Harmful Item To A Minor; And To Amend The Law Concerning Obscene Materials Loaned By A Library.

Last Action

Notification that SB81 is now Act 372

4/4/2023

Committee Referrals

Judiciary3/15/2023
Judiciary2/22/2023
Judiciary1/23/2023

Full Bill Text

No bill text available