Vetoed by Governor Joseph Lombardo

Vote Smart's Synopsis:

Vote to pass a bill that prohibits public schools, public libraries, and higher education institutions from removing, labeling, or limiting access to library materials based on content in Nevada.

Highlights:

• Prohibits the board of trustees of a school district, the governing body of a charter school, a school employee or volunteer from limiting students’ access to any school library by (Sec. 2.1.A-D):

• Removing library materials from the collection;

• Moving library materials to other sections of the library or school premises;

• Labeling library materials in a manner that indicates that they find the content objectionable; or

• Defacing library materials to obscure the contents or cause the materials to be removed from circulation.

• Authorizes the board of trustees of a school district, the governing body of a charter school, an administrator, or school library media specialist to adopt a rule or policy which has the effect of limiting access to library materials by a student if the rule/policy (Sec. 2.3.A-B):

• Imposes a reasonable restriction as to the time, place, and manner of accessing library materials;

• Is adopted to preserve the safety and security of library materials; or

• Is a maintenance or deaccession policy for the removal of library materials which are damaged, duplicative, unused or rarely used.

• Specifies that the rule or policy may not be based on the content of the library materials or the sex, race, national origin, gender identity or expression, sexual orientation, physical or mental disability, political affiliation, or any other distinguishing characteristic or background of:

• The subject of the library materials;

• The author of the library materials; or

• The perceived or intended audience for the library materials.

• Authorizes a person who objects to the inclusion of any library material in the collection of a school library to petition a court to order the removal of the library material from circulation (Sec. 2.4).

• Authorizes a court to order the library material be removed from circulation only if the court determines that the material is obscene (Sec. 2.4).

• Prohibits the dismissal, discipline, demotion, involuntary transfer, retaliation against, or investigation of a school employee or volunteer for the selection, display, or circulation of library materials (Sec. 2.6).

• Prohibits any person from using, threatening, or attempting to use any force, intimidation, coercion, violence, restraint, or undue influence with the intent to (Sec. 3.1):

• Prevent a pupil from using or accessing library materials; or

• Induce or compel the board of trustees of a school district, the governing body of a charter school, a school employee or volunteer to violate the provisions of Section 2. 

• Prohibits a person from disseminating any personal identifying information or sensitive information of a member of the board of trustees of a school district, a member of the governing body of a charter school, a school employee, a volunteer, or a pupil without their consent (Sec. 3.3).

• Classifies the violation of the provisions of Subsection 1 or 3 as a category E felony (Sec. 3.4).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits public schools, public libraries, and higher education institutions from removing, labeling, or limiting access to library materials based on content in Nevada.

Highlights:

• Prohibits the board of trustees of a school district, the governing body of a charter school, a school employee or volunteer from limiting students’ access to any school library by (Sec. 2.1.A-D):

• Removing library materials from the collection;

• Moving library materials to other sections of the library or school premises;

• Labeling library materials in a manner that indicates that they find the content objectionable; or

• Defacing library materials to obscure the contents or cause the materials to be removed from circulation.

• Authorizes the board of trustees of a school district, the governing body of a charter school, an administrator, or school library media specialist to adopt a rule or policy which has the effect of limiting access to library materials by a student if the rule/policy (Sec. 2.3.A-B):

• Imposes a reasonable restriction as to the time, place, and manner of accessing library materials;

• Is adopted to preserve the safety and security of library materials; or

• Is a maintenance or deaccession policy for the removal of library materials which are damaged, duplicative, unused or rarely used.

• Specifies that the rule or policy may not be based on the content of the library materials or the sex, race, national origin, gender identity or expression, sexual orientation, physical or mental disability, political affiliation, or any other distinguishing characteristic or background of:

• The subject of the library materials;

• The author of the library materials; or

• The perceived or intended audience for the library materials.

• Authorizes a person who objects to the inclusion of any library material in the collection of a school library to petition a court to order the removal of the library material from circulation (Sec. 2.4).

• Authorizes a court to order the library material be removed from circulation only if the court determines that the material is obscene (Sec. 2.4).

• Prohibits the dismissal, discipline, demotion, involuntary transfer, retaliation against, or investigation of a school employee or volunteer for the selection, display, or circulation of library materials (Sec. 2.6).

• Prohibits any person from using, threatening, or attempting to use any force, intimidation, coercion, violence, restraint, or undue influence with the intent to (Sec. 3.1):

• Prevent a pupil from using or accessing library materials; or

• Induce or compel the board of trustees of a school district, the governing body of a charter school, a school employee or volunteer to violate the provisions of Section 2. 

• Prohibits a person from disseminating any personal identifying information or sensitive information of a member of the board of trustees of a school district, a member of the governing body of a charter school, a school employee, a volunteer, or a pupil without their consent (Sec. 3.3).

• Classifies the violation of the provisions of Subsection 1 or 3 as a category E felony (Sec. 3.4).

Full Bill Text