SB74: SB74 Harmful Materials to Minors; exemption for libraries and librarians from the provisions of Code Section 16-12-103; repeal

Georgia law currently exempts public libraries and school, college, and university libraries from prosecution under the state's law against selling or distributing harmful materials to minors (O.C.G.A. § 16-12-103). This bill rewrites that exemption in Code Section 16-12-104 so the protection no longer applies if a library or librarian fails to follow the governing authority's decision on a reconsideration request or complaint about material said to be harmful to minors. The bill also changes the duties of library boards of trustees (O.C.G.A. § 20-5-43), adding a requirement that boards create training procedures for members who review these reconsideration requests. The changes would take effect July 1, 2026, and would apply to motions, hearings, or trials that begin on or after that date.

• Rewrites the library exemption in Code Section 16-12-104 so libraries lose legal immunity if they do not comply with a governing authority's ruling on a complaint about harmful materials.
• Keeps the existing exemption in place for public libraries and libraries at schools, colleges, and universities as long as they follow those decisions.
• Adds a new duty for library boards of trustees requiring them to set up training procedures for members who handle reconsideration requests about materials harmful to minors.
• Sets an effective date of July 1, 2026, applying the changes to motions, hearings, or trials starting on or after that date.
• Repeals any existing laws that conflict with the new provisions.

Public libraries and libraries operated by schools, colleges, and universities in Georgia, along with librarians and library boards of trustees, who would face new compliance and training requirements tied to complaints about materials considered harmful to minors.

Libraries could lose their long-standing legal shield against prosecution if they do not follow a governing board's decision on a complaint about certain materials, which could change how libraries handle book challenges and staff training around them.

• Section 1 revises Code Section 16-12-104 to condition the library exemption on compliance with governing authority decisions on reconsideration requests or complaints.
• Section 2 amends Code Section 20-5-43 by adding paragraph (9), requiring library boards to establish training procedures for members reviewing reconsideration requests.
• Section 3 sets the effective date as July 1, 2026, applying to motions, hearings, or trials commenced on or after that date.
• Section 4 repeals conflicting laws.

1. 2026-02-09House Committee Favorably Reported By Substitute (House)
2. 2025-03-06House Second Readers (House)
3. 2025-03-04House First Readers (House)
4. 2025-03-03Senate Passed/Adopted By Substitute (Senate)
5. 2025-03-03Senate Third Read (Senate)
6. 2025-02-27Senate Read Second Time (Senate)
7. 2025-02-26Senate Committee Favorably Reported By Substitute (Senate)
8. 2025-02-04Senate Read and Referred (Senate)

• Max Burns (R, SD-023)Primary sponsor
• Larry Walker (R, SD-020)
• Greg Dolezal (R, SD-027)
• Carden Summers (R, SD-013)
• Billy Hickman (R, SD-004)
• Lee Anderson (R, SD-024)
• John Albers (R, SD-056)
• Jason Anavitarte (R, SD-031)
• Randy Robertson (R, SD-029)
• Ricky Williams (R, SD-025)
• Brian Strickland (R, SD-042)
• Timothy Bearden (R, SD-030)
• Drew Echols (R, SD-049)
• Blake Tillery (R, SD-019)
• Shawn Still (R, SD-048)
• Clint Dixon (R, SD-045)
• Steve Gooch (R, SD-051)
• Will Wade (R, HD-009)

1. PassedSenate voteMarch 3, 2025

   32 yea, 23 nay (1 not voting, 0 absent)

   Passage By Substitute: Senate Vote #125

• libraries
• harmful materials to minors
• library boards
• school libraries
• book challenges