HF 4373

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/20/2024 12:43pm

A bill for an act
relating to public libraries; prohibiting book banning; establishing a public library
bill of rights; modifying eligibility requirements for various library state aids;
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 PROHIBITED; PUBLIC LIBRARY BILL
OF RIGHTS.
new text end

new text begin Subdivision 1. new text end

new text begin Policy statement. new text end

new text begin It is the policy of the state to encourage and protect
the freedom of public libraries and public library systems to acquire materials without
external limitation and to be protected against attempts to ban, remove, or otherwise restrict
access to books or materials.
new text end

new text begin Subd. 2. new text end

new text begin Definition. new text end

new text begin For purposes of this section, the term "public library" means:
new text end

new text begin (1) a library that provides free access to all residents of a city or county, receives at least
half of its financial support from public funds, and is organized under the provisions of this
chapter, except for libraries such as law, medical, or other libraries organized to serve a
special group of persons;
new text end

new text begin (2) a library under section 134.195;
new text end

new text begin (3) a school district or charter school library or media center; and
new text end

new text begin (4) a public higher education institution library.
new text end

new text begin Subd. 3. new text end

new text begin Library bill of rights new text end

new text begin The state affirms that all public libraries are forums for
information and ideas and that the following basic policies shall be adopted to guide their
services:
new text end

new text begin (1) books and other library resources should be provided for the interest, information,
and enlightenment of all people in the community the library serves. Materials should not
be excluded because of the origin, background, or views of those contributing to their
creation;
new text end

new text begin (2) libraries should provide materials and information presenting all points of view on
current and historical issues;
new text end

new text begin (3) library materials should not be proscribed or removed because of partisan or doctrinal
disapproval;
new text end

new text begin (4) libraries should challenge censorship to fulfill their responsibility to provide
information and enlightenment;
new text end

new text begin (5) libraries should cooperate with all persons and groups concerned with resisting the
abridgment of free expression and free access to ideas; and
new text end

new text begin (6) a person's right to use a library should not be denied or abridged because of origin,
age, background, or views.
new text end

new text begin Subd. 4. new text end

new text begin Eligibility for aid. new text end

new text begin Notwithstanding any other provision in this chapter, a public
library is not eligible to receive any state aid or grant under this chapter unless the library
or the entity that controls the library has adopted the public library bill of rights under
subdivision 3.
new text end

new text begin Subd. 5. new text end

new text begin Book banning prohibited. new text end

new text begin A public library must not ban, remove, or otherwise
restrict access to a book or other material based on its viewpoint or the message, ideas, or
opinions it conveys.
new text end

new text begin Subd. 6. new text end

new text begin Enforcement; civil action. new text end

new text begin (a) Any person injured by a violation of subdivision
5 may bring a civil action against the public library or the entity that controls the library 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, it 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

new text begin Subd. 7. new text end

new text begin Limitations. new text end

new text begin (a) Nothing in this section shall limit a library's authority to decline
to purchase, lend, or shelve or to remove or restrict access to books or other materials as a
legitimate part of the library's regular collection development practice or to comply with
state or federal law.
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end