AB 1825: California Freedom to Read Act.

Existing law establishes a public library system, including school libraries, unified school district and union high school district public libraries, municipal libraries, county free libraries, the California State Library, and library districts. Under existing law, the Legislature declares that the public library is, among other things, a source of information and inspiration to persons of all ages, cultural backgrounds, and economic statuses.

This bill would require every public library jurisdiction, as defined, that directly receives any state funding to establish, adopt, and maintain a written and publicly accessible collection development policy for its libraries by January 1, 2026, as specified. The bill would require the collection development policy to, among other things, (1) guide the selection and deselection of library materials, as defined, and (2) establish a process for community members to share their concerns regarding library materials and request materials be reconsidered for inclusion in the librarys collection.

The bill would require the adopted policy to be sent to the State Librarian, and would authorize the State Librarian or their designee to provide technical assistance to public libraries in developing their collection development policy.

The bill would prohibit the governing board or body of a public library, or any body or commission designated to review the procurement, retention, or circulation of, or access to, library materials, from (1) proscribing the circulation or procurement of, or access to, library materials in a public library because of the topic addressed by the library materials or because of the views, ideas, or opinions contained in materials or (2) creating policies or procedures that limit or restrict access to library materials offered by the public library, except as provided. The bill would also prohibit library materials in a public library from being excluded, and access to library materials from being limited, solely on the bases of (1) specified protected characteristics of a subject of the library materials, an author of the materials, the sources of the library materials, or the perceived or intended audience for the library materials, (2) that the materials contain inclusive and diverse perspectives, or (3) that the materials may include sexual content, except as provided. The bill would provide that a persons right to use a public library and its resources shall not be denied or abridged solely because of personal characteristics, age, background, or views.

The bill would prohibit a librarian, library media specialist, other employee, or contractor at a public library from being subject to termination, demotion, discipline, or retaliation for (1) refusing to remove a library material before it has been reviewed in accordance with the public librarys process for reconsideration of library materials or (2) making displays, acquisitions, or programming decisions that the employee believes, in good faith, are in accordance with the bills provisions.

The bill would provide that these provisions apply to a public library, as defined, including any public library operated on a contractual basis, or operated by a city, including a general law or charter city, county, special district, or joint powers authority, except that these provisions do not apply to any school library, as defined, or any library operated by the governing board of a school district, a county board of education, or the governing body of a charter school. To the extent these provisions impose additional duties on public libraries, the bill would create a state-mandated local program.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.