SB 74: Harmful Materials to Minors; exemption for libraries and librarians from the provisions of Code Section 16-12-103; repeal

Under current Georgia law (O.C.G.A. § 16-12-104), public libraries and libraries run by schools, colleges, or universities are exempt from the crime of selling, loaning, or exhibiting materials harmful to minors (O.C.G.A. § 16-12-103). This bill keeps that exemption but adds a condition: if a library fails to follow its governing authority's decision on a reconsideration request or complaint about material harmful to minors, the library loses that legal immunity for that material. The bill also changes the duties of library boards of trustees (O.C.G.A. § 20-5-43), adding a requirement that boards set up training procedures for members who review reconsideration requests about materials harmful to minors. The changes would take effect July 1, 2026, and would apply to motions, hearings, or trials starting on or after that date.

• Adds a condition to the library exemption from Georgia's harmful materials to minors law, removing legal immunity if a library does not follow its governing authority's ruling on a complaint.
• Requires library boards of trustees to create training procedures for members who handle reconsideration requests about materials harmful to minors.
• Sets the effective date as July 1, 2026, applying to motions, hearings, or trials starting on or after that date.
• Repeals any existing laws that conflict with these changes.

Public libraries, school libraries, and libraries at colleges and universities in Georgia, along with their boards of trustees and librarians who handle challenges to library materials. Minors and parents involved in reconsideration requests about library materials are also affected.

Libraries that currently cannot be prosecuted under the harmful materials to minors law could lose that protection if they do not comply with a governing authority's decision on a challenged item, creating new legal exposure tied to how complaints are handled and how well-trained reviewing staff are.

• Section 1 amends O.C.G.A. § 16-12-104 to state that the library immunity does not apply if the library failed to comply with the governing authority's decision on a reconsideration request or complaint about materials harmful to minors.
• Section 2 amends O.C.G.A. § 20-5-43 to add a new duty for library boards of trustees: establishing training procedures for members reviewing reconsideration requests about materials harmful to minors.
• Section 3 sets the effective date at July 1, 2026, applying to motions made or hearings or trials commenced on or after that date.
• Section 4 repeals any 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

• library policy
• harmful materials to minors
• book challenges
• school and public libraries