Text to be removed highlighted in red.
1 New Section; Right to Read; Private Right of Action. Amend RSA 202-A by inserting after section 25 the following new section:
202-A:26 Right to Read; Private Right of Action.
I. In this section:
(a) "Library" means classroom, school, academic, public, or special library.
(b) "Government body" means any government decision-making body, such as a school or library board, that exercises authority over the purchasing, selection, curation, and location of educational materials at the village, county, city, town, municipality, district, special district, and other such local political subdivision levels.
(c) "Government actor" means a member of a government body with voting authority.
(d) "Library materials" means books, textbooks, lesson plans, workbooks, videos, databases, newspapers, magazines and other such periodicals, charts, graphs, movies, games, maps, interactive applications and software, and other such enrichment or entertainment materials in any printed or electronic format, inclusive of fiction and non-fiction.
(e) "Censor" means block or suppress on the basis of disagreement with ideas or concepts. It includes, but is not limited to, objections to depictions of race, gender, sexuality, religious, or political views.
II. Right to read.
(a) Students and library patrons of all ages have a corresponding right to encounter ideas without government interference.
(b) Librarians have significant discretion to determine the content of their collections to ensure that they meet pedagogical, informational, and other enrichment needs of their communities as long as these determinations are not made in a narrowly partisan or political manner and do not violate state or federal anti-discrimination law.
III.(a) A claim of censorship is established under this section when a government body imposes discipline on or terminates a school or library employee for refusing to censor library materials.
(b) A librarian who has been subjected to discipline or termination for refusing to censor library materials may bring an action in any court of competent jurisdiction for any damages, including for declaratory and injunctive relief and such other remedies as may be appropriate.
(c) In any action or proceeding to enforce this section, the court shall grant a prevailing plaintiff reasonable attorney's fees and costs, including expert fees.
(d) A government actor, or member thereof, acting under direct orders from a state or federal government authority shall not be liable for censorship.
(e)(1) If a plaintiff prevails in a claim of censorship, a government body may not look to an insurer for coverage of legal expenses, including attorney's fees, settlement payments, damages, and other costs.
(2) If a plaintiff prevails in a claim of censorship, government actors may only look to reimbursement from a government body or the insurer of a government body to cover legal expenses if they did not vote for, or otherwise act in furtherance of, said censorship.
(f) Any action or proceeding to enforce this section shall be commenced no later than one year after the date on which the violation of this section is committed.
2 Effective Date. This act shall take effect January 1, 2025.
Text to be added highlighted in green.
1 New Section; Right to Read; Private Right of Action. Amend RSA 202-A by inserting after section 25 the following new section:
202-A:26 Right to Read; Private Right of Action.
I. In this section:
(a) "Library" means classroom, school, academic, public, or special library.
(b) "Government body" means any government decision-making body, such as a school or library board, that exercises authority over the purchasing, selection, curation, and location of educational materials at the village, county, city, town, municipality, district, special district, and other such local political subdivision levels.
(c) "Government actor" means a member of a government body with voting authority.
(d) "Library materials" means books, textbooks, lesson plans, workbooks, videos, databases, newspapers, magazines and other such periodicals, charts, graphs, movies, games, maps, interactive applications and software, and other such enrichment or entertainment materials in any printed or electronic format, inclusive of fiction and non-fiction.
(e) "Censor" means block or suppress on the basis of disagreement with ideas or concepts. It includes, but is not limited to, objections to depictions of race, gender, sexuality, religious, or political views.
II. Right to read.
(a) Students and library patrons of all ages have a corresponding right to encounter ideas without government interference.
(b) Librarians have significant discretion to determine the content of their collections to ensure that they meet pedagogical, informational, and other enrichment needs of their communities as long as these determinations are not made in a narrowly partisan or political manner and do not violate state or federal anti-discrimination law.
III.(a) A claim of censorship is established under this section when a government body imposes discipline on or terminates a school or library employee for refusing to censor library materials.
(b) A librarian who has been subjected to discipline or termination for refusing to censor library materials may bring an action in any court of competent jurisdiction for any damages, including for declaratory and injunctive relief and such other remedies as may be appropriate.
(c) In any action or proceeding to enforce this section, the court shall grant a prevailing plaintiff reasonable attorney's fees and costs, including expert fees.
(d) A government actor, or member thereof, acting under direct orders from a state or federal government authority shall not be liable for censorship.
(e)(1) If a plaintiff prevails in a claim of censorship, a government body may not look to an insurer for coverage of legal expenses, including attorney's fees, settlement payments, damages, and other costs.
(2) If a plaintiff prevails in a claim of censorship, government actors may only look to reimbursement from a government body or the insurer of a government body to cover legal expenses if they did not vote for, or otherwise act in furtherance of, said censorship.
(f) Any action or proceeding to enforce this section shall be commenced no later than one year after the date on which the violation of this section is committed.
2 Effective Date. This act shall take effect January 1, 2025.