HF 4373

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/11/2024 04:53pm

A bill for an act
relating to libraries; prohibiting book banning by public libraries and school
libraries; creating a private right of action and providing for attorney general
enforcement; proposing coding for new law in Minnesota Statutes, chapter 134.

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

Section 1.

new text begin [134.55] BOOK BANNING.
new text end

new text begin Subdivision 1. new text end

new text begin Book banning prohibited. new text end

new text begin (a) A public library or a library or media
center controlled in whole or in part by a school district, charter school, or public
postsecondary institution must not ban, remove, or otherwise restrict access to a book or
other material based on its viewpoint or the messages, ideas, or opinions the book or material
conveys.
new text end

new text begin (b) This section does not limit authority to decline to purchase, lend, or shelve or to
remove or restrict access to books or other materials legitimately based upon:
new text end

new text begin (1) practical reasons, including but not limited to shelf space limitations, rare or
antiquarian status, damage, or obsolescence;
new text end

new text begin (2) legitimate pedagogical concerns, including but not limited to the appropriateness of
potentially sensitive topics for the library's intended audience, the selection of books and
materials for a curated collection, or the likelihood of causing a material and substantial
disruption of the work and discipline of the school; or
new text end

new text begin (3) compliance with state or federal law.
new text end

new text begin (c) Nothing in this section shall impair or limit the rights of a parent, a guardian, or an
adult student under section 120B.20.
new text end

new text begin Subd. 2. new text end

new text begin Enforcement; civil action. new text end

new text begin (a) Any person injured by a violation of subdivision
1 may bring a civil action against the public library, school district, charter school, or public
postsecondary institution for injunctive relief together with costs and reasonable attorney
fees, and receive other equitable relief as determined by the court. In addition to all other
damages, the court may impose a civil penalty payable to the plaintiff of up to $5,000 for
each violation. Civil remedies allowable under this section are cumulative and do not restrict
any other right or remedy otherwise available. If the court determines that an action brought
under this subdivision is frivolous and without merit and a basis in fact, the court may award
reasonable costs and attorney fees to the defendant.
new text end

new text begin (b) The attorney general may enforce this section under section 8.31.
new text end