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

26 LC 48 1726S The House Committee on Judiciary, Non-Civil offers the following substitute to SB 74: A BILL TO BE ENTITLED AN ACT To amend Part 3 of Article 3 of Chapter 12 of Title 16 of the O fficial Code of Georgia1 Annotated, relating to sale or distribution of harmful materials to minors, so as to revise an2 exemption for libraries and librarians from the provisions of C ode Section 16-12-103,3 relating to selling, loaning, distributing, or exhibiting materials harmful to minors; to amend4 Code Section 20-5-43 of the Official Code of Georgia Annotated, relating to duties and5 responsibilities of board of trustees, so as to provide for tra ining for reviewing6 reconsideration requests regarding material harmful to minors; to provide for related matters;7 to provide for an effective date and applicability; to repeal c onflicting laws; and for other8 purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 Part 3 of Article 3 of Chapter 12 of Title 16 of the Official C ode of Georgia Annotated,12 relating to sale or distribution of harmful materials to minors, is amended by revising Code13 Section 16-12-104, relating to library exception, as follows:14 "16-12-104.15 S. B. 74 (SUB) - 1 - 26 LC 48 1726S The provisions of Code Section 16-12-103 shall not apply to any public library operated16 by the state or any of its political subdivisions nor to any library operated as a part of any17 school, college, or university. The immunity provided by this Code section shall not apply18 if the person failed to comply with the appropriate governing authority's decisions pursuant19 to reconsideration requests or complaints regarding materials harmful to minors."20 SECTION 2.21 Code Section 20-5-43 of the Official Code of Georgia Annotated, relating to duties and22 responsibilities of board of trustees, is amended by revising paragraphs (7) and (8) and by23 adding a new paragraph to read as follows:24 "(7) To notify the appropriate authorities of a vacancy on the board so that a person may25 be appointed to complete unexpired or full terms; and26 (8) To notify the library system director, in advance, of all meetings of library boards and27 board committees.; and28 (9) To establish training procedures for members reviewing rec onsideration requests29 regarding materials harmful to minors as provided in Code Section 16-12-103."30 SECTION 3.31 This Act shall become effective on July 1, 2026, and shall appl y to any motions made or32 hearings or trials commenced on or after such date.33 SECTION 4.34 All laws and parts of laws in conflict with this Act are repealed.35 S. B. 74 (SUB) - 2 -