SB24-216 Standards for Decisions Regarding Library Resources

The bill requires the board of trustees of a public library (board) to establish written policies for the acquisition, retention, display, and use of library resources and for the use of a public library facility. In addition, if a public library reconsiders library resources, the board is also required to establish a written policy for the reconsideration of a library resource. The board is required to comply with specified standards in establishing a policy for the acquisition, retention, display, use, and reconsideration of library resources and for the use of public library facilities.

The bill specifies that a public library may remove a library resource from its permanent collection only if the library resource has been reviewed in accordance with an established policy for the reconsideration of library resources that complies with the standards established in the bill. A public library that has not established a policy for the reconsideration of library resources or that has a policy for the reconsideration of library resources that does not comply with the standards established in the bill may not remove a library resource from its permanent collection. These requirements do not apply to routine collection maintenance and weeding in accordance with a public library's established collection maintenance policy. The board is required to make its process for the reconsideration of library materials available to the public.

After reviewing a library resource that is the subject of a request for reconsideration and making a final determination regarding the library resource, the board is required to make the determination available to the public.

The bill specifies that a request for reconsideration of a library resource is not a library user record as described in current law and instead is an open record under the "Colorado Open Records Act".

The bill specifies that a librarian, media specialist, other employee, contractor, or volunteer (employee) at a public library is not subject to termination, demotion, discipline, or retaliation for refusing to remove a library resource before it has been reviewed in accordance with the public library's policy for the reconsideration of library resources or for making displays, acquisitions, or programming decisions that the employee believes, in good faith, are in accordance with the standards established in the bill.

The bill specifies that it is a discriminatory practice and unlawful for any person to discriminate against any individual or group in the acquisition, retention, display, use, or reconsideration of a library resource or in the use of a public library facility.